In Theory From the South: Or, How Euro-America is Evolving Toward Africa, Jean and John Comaroff consider the juridification of history and politics in the “endemically policultural” postcolonial South, and ask the question, “why the fetishism of law?” “[T]he language of legality,” they offer, “affords people in policultural nation-states an ostensibly neutral medium to make claims on each other and on the state, to enter into contractual relations, to transact unlike values, and to deal with conflicts arising out of them. In so doing, it produces an impression of consonance amidst contrast: of the existence of universal standards that, like money, facilitate the negotiation of incommensurables across otherwise intransitive boundaries” (78-79).
Law’s Religion: Religious Difference and the Claims of Constitutionalism is, of course, not theory from the South. It is a book about law and religion in the north of the Americas. Yet in the concerns that animate the book, and the concepts with which I work, there is something of an affinity with the spirit of this passage. My concern is similarly with the relationship between law and the cultural, with the appeal of certain comforting accounts—however misleading—about the character and function of law, and with the toll that such misleading accounts exact on our social and political lives.