Abstract A brief commotion arose during the hearings for one of twenty-first-century India’s most widely discussed legal disputes, when a dynamic young attorney suggested that deities, too, had constitutional rights. The suggestion was not absurd. Like a human being or a corporation, Hindu temple deities can participate in litigation, incur financial obligations, and own property. There was nothing to suggest, said the attorney, that the same deity who enjoyed many of the rights and obligations accorded to human persons could not also lay claim to some of their constitutional freedoms. The lone justice to consider this claim blandly and briefly observed that having specific legal rights did not perforce endow one with constitutional rights. Nevertheless, a handful of recent and high-profile disputes concerning Hindu temple deities and the growing influence of Hindu nationalist politics together suggest that the issue of deities’ rights is far from a settled matter. This article argues that declining to recognize deities’ constitutional rights accurately reflects dueling commitments in the Indian Constitution.
{"title":"Deities’ Rights?","authors":"Deepa Das Acevedo","doi":"10.1017/jlr.2023.27","DOIUrl":"https://doi.org/10.1017/jlr.2023.27","url":null,"abstract":"Abstract A brief commotion arose during the hearings for one of twenty-first-century India’s most widely discussed legal disputes, when a dynamic young attorney suggested that deities, too, had constitutional rights. The suggestion was not absurd. Like a human being or a corporation, Hindu temple deities can participate in litigation, incur financial obligations, and own property. There was nothing to suggest, said the attorney, that the same deity who enjoyed many of the rights and obligations accorded to human persons could not also lay claim to some of their constitutional freedoms. The lone justice to consider this claim blandly and briefly observed that having specific legal rights did not perforce endow one with constitutional rights. Nevertheless, a handful of recent and high-profile disputes concerning Hindu temple deities and the growing influence of Hindu nationalist politics together suggest that the issue of deities’ rights is far from a settled matter. This article argues that declining to recognize deities’ constitutional rights accurately reflects dueling commitments in the Indian Constitution.","PeriodicalId":44042,"journal":{"name":"Journal of Law and Religion","volume":"43 10","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135220271","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Before the Religious Right: Liberal Protestants, Human Rights, and the Polarization of the United States. By Gene Zubovich. Philadelphia: University of Pennsylvania Press, 2022. Pp. 408. 45.00 (digital). ISBN: 9780812253689.
{"title":"Before the Religious Right: Liberal Protestants, Human Rights, and the Polarization of the United States. By Gene Zubovich. Philadelphia: University of Pennsylvania Press, 2022. Pp. 408. $45.00 (cloth); $45.00 (digital). ISBN: 9780812253689.","authors":"Isaac Barnes May","doi":"10.1017/jlr.2023.29","DOIUrl":"https://doi.org/10.1017/jlr.2023.29","url":null,"abstract":"Before the Religious Right: Liberal Protestants, Human Rights, and the Polarization of the United States. By Gene Zubovich. Philadelphia: University of Pennsylvania Press, 2022. Pp. 408. 45.00 (digital). ISBN: 9780812253689.","PeriodicalId":44042,"journal":{"name":"Journal of Law and Religion","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135823607","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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{"title":"Christianity and Human Rights Reconsidered. Edited by Sarah Shortall and Daniel Steinmetz-Jenkins. Cambridge: Cambridge University Press, 2020. Pp. 300. $99.99 (cloth); $80.00 (digital). ISBN: 9781108424707.","authors":"Michael Austin Kamenicky","doi":"10.1017/jlr.2023.22","DOIUrl":"https://doi.org/10.1017/jlr.2023.22","url":null,"abstract":"An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content.","PeriodicalId":44042,"journal":{"name":"Journal of Law and Religion","volume":"2016 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135094974","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content.
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{"title":"The Aesthetics of Solidarity: Our Lady of Guadalupe and American Democracy. By Nichole M. Flores. Washington, DC: Georgetown University Press, 2021. Pp. 167. $149.95 (cloth); $49.95 (paper); $49.95 (digital). ISBN: 9781647120900.","authors":"Sandra Sullivan-Dunbar","doi":"10.1017/jlr.2023.23","DOIUrl":"https://doi.org/10.1017/jlr.2023.23","url":null,"abstract":"An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content.","PeriodicalId":44042,"journal":{"name":"Journal of Law and Religion","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136154586","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"In Memoriam: Johan D. Van der Vyver (1934–2023)","authors":"John Witte","doi":"10.1017/jlr.2023.20","DOIUrl":"https://doi.org/10.1017/jlr.2023.20","url":null,"abstract":"","PeriodicalId":44042,"journal":{"name":"Journal of Law and Religion","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135878948","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Freedom of Religion: An Ambiguous Right in the Contemporary European Legal Order. Edited by Hedvig Bernitz and Victoria Enkvist. London: Hart Publishing, 2020. Pp. 224. £80.00 (cloth); £39.99 (paper); open access (digital). ISBN: 9781509935864. URL: https://www.bloomsburycollections.com/monograph?do","authors":"Yvette Lind","doi":"10.1017/jlr.2023.24","DOIUrl":"https://doi.org/10.1017/jlr.2023.24","url":null,"abstract":"","PeriodicalId":44042,"journal":{"name":"Journal of Law and Religion","volume":"26 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72530176","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Understanding Sharia Processes: Women’s Experiences of Family Disputes. By Farrah Ahmed and Ghena Krayem. London: Hart Publishing, 2022. Pp. 200. £70.00 (cloth); £34.49 (paper); open access (digital). ISBN: 9781509949489. URL: https://www.bloomsburycollections.com/monograph?docid=b-9781509920761.","authors":"Jan A. Ali","doi":"10.1017/jlr.2023.25","DOIUrl":"https://doi.org/10.1017/jlr.2023.25","url":null,"abstract":"","PeriodicalId":44042,"journal":{"name":"Journal of Law and Religion","volume":"20 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72902655","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract How has American Catholicism interacted with American legal culture? Legal scholars have often examined this question in the context of contraception and abortion debates. This article focuses instead on the so-called Catholic left that emerged in protest against the Vietnam War in the late 1960s, and thereby seeks to bring the rich history of Catholic radicalism and peace activism into closer conversation with legal history. Drawing on both primary sources and a rich body of secondary literature in religious and social history that legal scholarship has not fully incorporated, the author examines ideas about law within the writings of Catholic left figures, including writer-monk Thomas Merton, sociologist-priest Paul Hanly Furfey, and activist-priest Berrigan brothers. Building on work by religious historians who have interpreted the Catholic radical tradition as a distinctive response to the limitations of political liberalism, this author emphasizes that the Catholic left also expressed a profound alienation from legal liberalism, with its veneration of lawyers and its faith in courts as sites of social progress. Revisiting the Catholic left through the lens of legal history raises questions for future research about the possible connections between leftist antiliberalism and the more familiar Catholic tradition of conservative illiberalism.
{"title":"“Make All the Laws You Want”: The Catholic Left against Legal Liberalism, circa 1968","authors":"Sara Mayeux","doi":"10.1017/jlr.2023.5","DOIUrl":"https://doi.org/10.1017/jlr.2023.5","url":null,"abstract":"Abstract How has American Catholicism interacted with American legal culture? Legal scholars have often examined this question in the context of contraception and abortion debates. This article focuses instead on the so-called Catholic left that emerged in protest against the Vietnam War in the late 1960s, and thereby seeks to bring the rich history of Catholic radicalism and peace activism into closer conversation with legal history. Drawing on both primary sources and a rich body of secondary literature in religious and social history that legal scholarship has not fully incorporated, the author examines ideas about law within the writings of Catholic left figures, including writer-monk Thomas Merton, sociologist-priest Paul Hanly Furfey, and activist-priest Berrigan brothers. Building on work by religious historians who have interpreted the Catholic radical tradition as a distinctive response to the limitations of political liberalism, this author emphasizes that the Catholic left also expressed a profound alienation from legal liberalism, with its veneration of lawyers and its faith in courts as sites of social progress. Revisiting the Catholic left through the lens of legal history raises questions for future research about the possible connections between leftist antiliberalism and the more familiar Catholic tradition of conservative illiberalism.","PeriodicalId":44042,"journal":{"name":"Journal of Law and Religion","volume":"1 1","pages":"189 - 223"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83133542","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Drawing on a qualitative study conducted with both individuals who have been shunned from the Jehovah’s Witnesses community and those who were in a position to shun others, the authors identify areas of development within the Serious Crime Act 2015 and propose that there is scope to interpret the law broadly to include instances of people shunned from the Jehovah’s Witnesses community.
{"title":"Shunning from the Jehovah’s Witness Community: Is It Legal?","authors":"Windy A. Grendele, Maya Flax, Savin Bapir-Tardy","doi":"10.1017/jlr.2023.13","DOIUrl":"https://doi.org/10.1017/jlr.2023.13","url":null,"abstract":"Abstract Drawing on a qualitative study conducted with both individuals who have been shunned from the Jehovah’s Witnesses community and those who were in a position to shun others, the authors identify areas of development within the Serious Crime Act 2015 and propose that there is scope to interpret the law broadly to include instances of people shunned from the Jehovah’s Witnesses community.","PeriodicalId":44042,"journal":{"name":"Journal of Law and Religion","volume":"8 1","pages":"290 - 313"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86929138","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract The belief in witchcraft and sorcery is a significant cause of intentional homicide in Kenya. Moreover, those who kill people suspected of being witches often employ as a defense for their actions the so-called provocation by witchcraft argument: the homicide was purportedly committed under the influence of belief in witchcraft and sorcery. One major legal difficulty that the Kenyan courts have frequently been invited to resolve is thus the question as to whether the belief in witchcraft and sorcery avails to an accused person the defense of grave provocation and, if so, under what circumstances. Drawing largely on pertinent case law, statutes, and academic literature, the author explores the controversy over provocation by witchcraft. The author first offers an exposition of the concept of witchcraft and sorcery in Africa and critically discusses the evolution of the Kenyan courts’ interpretation of the country’s law on provocation in relation to witchcraft beliefs since the 1930s. The author establishes that under the current Kenyan common law, defenses of heat of passion and sudden provocation may apply in instances where there is no real provocation and that the courts have exceeded the boundaries of the provocation defense without well-grounded reasons. The author cautions that giving the doctrine of provocation such a broad construction and application may increase the already rampant killings of suspected witches in Kenya.
{"title":"Provocation by Witchcraft: Exploring the Evolution of the Kenyan Courts’ Interpretation of the Doctrine of Provocation in Relation to Witchcraft Beliefs","authors":"E. Owusu","doi":"10.1017/jlr.2023.4","DOIUrl":"https://doi.org/10.1017/jlr.2023.4","url":null,"abstract":"Abstract The belief in witchcraft and sorcery is a significant cause of intentional homicide in Kenya. Moreover, those who kill people suspected of being witches often employ as a defense for their actions the so-called provocation by witchcraft argument: the homicide was purportedly committed under the influence of belief in witchcraft and sorcery. One major legal difficulty that the Kenyan courts have frequently been invited to resolve is thus the question as to whether the belief in witchcraft and sorcery avails to an accused person the defense of grave provocation and, if so, under what circumstances. Drawing largely on pertinent case law, statutes, and academic literature, the author explores the controversy over provocation by witchcraft. The author first offers an exposition of the concept of witchcraft and sorcery in Africa and critically discusses the evolution of the Kenyan courts’ interpretation of the country’s law on provocation in relation to witchcraft beliefs since the 1930s. The author establishes that under the current Kenyan common law, defenses of heat of passion and sudden provocation may apply in instances where there is no real provocation and that the courts have exceeded the boundaries of the provocation defense without well-grounded reasons. The author cautions that giving the doctrine of provocation such a broad construction and application may increase the already rampant killings of suspected witches in Kenya.","PeriodicalId":44042,"journal":{"name":"Journal of Law and Religion","volume":"17 1","pages":"265 - 289"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85207872","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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