Abstract Over the first two decades of the twenty-first century, John Witte, Jr. has not only carefully documented but also creatively promoted in many ways three very important developments: (1) the almost revolutionary worldwide reawakening of cooperation in the fields of law and religion after the termination of their long, fruitful history of cooperation in the mid-1800s; (2) the efforts to strengthen a justice-oriented legal culture in democratic societies and the legal, academic, and political appreciation of human rights (also in disputes with human rights skeptics); and (3) the reconciliation of traditional values and new needs for freedom in the ethos and law of marriage and family.
{"title":"A Magnum Opus","authors":"M. Welker","doi":"10.1017/jlr.2022.46","DOIUrl":"https://doi.org/10.1017/jlr.2022.46","url":null,"abstract":"Abstract Over the first two decades of the twenty-first century, John Witte, Jr. has not only carefully documented but also creatively promoted in many ways three very important developments: (1) the almost revolutionary worldwide reawakening of cooperation in the fields of law and religion after the termination of their long, fruitful history of cooperation in the mid-1800s; (2) the efforts to strengthen a justice-oriented legal culture in democratic societies and the legal, academic, and political appreciation of human rights (also in disputes with human rights skeptics); and (3) the reconciliation of traditional values and new needs for freedom in the ethos and law of marriage and family.","PeriodicalId":44042,"journal":{"name":"Journal of Law and Religion","volume":"39 1","pages":"108 - 117"},"PeriodicalIF":0.0,"publicationDate":"2022-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89215597","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}
For a journal of law and religion, the decision to confront changes and challenges imposed by novel technologies is no trivial one, yet it is one the Journal of Law and Religion is undertaking.1 Whether the perspective of law and religion is even of any use in comprehending and contending with these technologies is a valid question. Contemporary technologies have reshaped our lifestyles, and their ubiquitous impact on our erstwhile habits and perceptions is intently studied and investigated from every angle. Yet bringing the perspective of law and religion to these challenges demands an especial measure of explanation. To justify the grouping of law, religion, and technology, we must demonstrate a potential unique contribution that the lens of law and religion might make and identify the topics or themes that stand to benefit.
{"title":"Law, Religion, and Technology: A Viable Triad?","authors":"Joseph David","doi":"10.1017/jlr.2022.44","DOIUrl":"https://doi.org/10.1017/jlr.2022.44","url":null,"abstract":"For a journal of law and religion, the decision to confront changes and challenges imposed by novel technologies is no trivial one, yet it is one the Journal of Law and Religion is undertaking.1 Whether the perspective of law and religion is even of any use in comprehending and contending with these technologies is a valid question. Contemporary technologies have reshaped our lifestyles, and their ubiquitous impact on our erstwhile habits and perceptions is intently studied and investigated from every angle. Yet bringing the perspective of law and religion to these challenges demands an especial measure of explanation. To justify the grouping of law, religion, and technology, we must demonstrate a potential unique contribution that the lens of law and religion might make and identify the topics or themes that stand to benefit.","PeriodicalId":44042,"journal":{"name":"Journal of Law and Religion","volume":"146 1","pages":"429 - 431"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91378510","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 Although diverging influences have always characterized the relation between religion and democracy, in Italy, tensions arising from these divergences are especially exacerbated by the country’s current religious diversity and plurality, and they are magnified when combined with chronic emergencies such as immigration and international terrorism. These critical factors complicate the application of freedom of religion and the supreme principle of secularism (principio supremo di laicità), which are essential parts of the Italian legal system. This article analyzes these aspects of the law by considering the relation between Islamic communities and the state. In particular, the article focuses on both endogenous influences (Italy’s traditional system of state-church relationship) and exogenous influences (immigration and international terrorism). These factors muddle the interpretation of constitutional rights, including the right of Muslims and Islamic groups to be equal and equally free before the law.
{"title":"The Legal Treatment of Muslims in Italy in the Age of Fear and Insecurity","authors":"F. Alicino","doi":"10.1017/jlr.2022.42","DOIUrl":"https://doi.org/10.1017/jlr.2022.42","url":null,"abstract":"Abstract Although diverging influences have always characterized the relation between religion and democracy, in Italy, tensions arising from these divergences are especially exacerbated by the country’s current religious diversity and plurality, and they are magnified when combined with chronic emergencies such as immigration and international terrorism. These critical factors complicate the application of freedom of religion and the supreme principle of secularism (principio supremo di laicità), which are essential parts of the Italian legal system. This article analyzes these aspects of the law by considering the relation between Islamic communities and the state. In particular, the article focuses on both endogenous influences (Italy’s traditional system of state-church relationship) and exogenous influences (immigration and international terrorism). These factors muddle the interpretation of constitutional rights, including the right of Muslims and Islamic groups to be equal and equally free before the law.","PeriodicalId":44042,"journal":{"name":"Journal of Law and Religion","volume":"24 1","pages":"478 - 500"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87380888","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":"JLR volume 37 issue 3 Cover and Back matter","authors":"","doi":"10.1017/jlr.2022.55","DOIUrl":"https://doi.org/10.1017/jlr.2022.55","url":null,"abstract":"","PeriodicalId":44042,"journal":{"name":"Journal of Law and Religion","volume":"68 1","pages":"b1 - b2"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73570474","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 Over recent decades, several global tech giants have gained enormous power while at the same time generating various disputes with their end-users, local governments, and regulators. We propose that the Jewish concept of covenant can help the above parties, legal scholars, and wider society in addressing this complex legal reality. We present the challenge of disequilibrium between the above four parties against the main points of conflict: the requirement of customer consent; clear contractual provisions upon entry; options for reasonable customer exit; limitations on the platform’s ability to exercise unilateral termination; profile-based discrimination; and liability for mere intermediation. We introduce the biblical concept of covenant, and we review its unfolding in Jewish tradition. Further, we conceptualize three main covenantal principles: (1) responsibility—God and humans are both conceived as moral agents; (2) reciprocity—God as a caring law giver, open to human appeals; and (3) reasonability—divine instruction as initially intelligible. We demonstrate how the latter principle of explainability is exercised in the biblical law narratives and how the story of Balaam stresses the significance of moral agency that cannot hide behind “mere intermediary” claims. In light of this analysis, we revisit the relationship between tech giants and tech users to demonstrate how covenantality offers novel ways to conceptualize the noted conflicts between the parties.
{"title":"What Is the Juxtaposition between Silicon Valley and Mount Sinai? Covenantal Principles and the Conceptualization of Platform-User Relations","authors":"Nadav S. Berman, Tal Z. Zarsky","doi":"10.1017/jlr.2022.35","DOIUrl":"https://doi.org/10.1017/jlr.2022.35","url":null,"abstract":"Abstract Over recent decades, several global tech giants have gained enormous power while at the same time generating various disputes with their end-users, local governments, and regulators. We propose that the Jewish concept of covenant can help the above parties, legal scholars, and wider society in addressing this complex legal reality. We present the challenge of disequilibrium between the above four parties against the main points of conflict: the requirement of customer consent; clear contractual provisions upon entry; options for reasonable customer exit; limitations on the platform’s ability to exercise unilateral termination; profile-based discrimination; and liability for mere intermediation. We introduce the biblical concept of covenant, and we review its unfolding in Jewish tradition. Further, we conceptualize three main covenantal principles: (1) responsibility—God and humans are both conceived as moral agents; (2) reciprocity—God as a caring law giver, open to human appeals; and (3) reasonability—divine instruction as initially intelligible. We demonstrate how the latter principle of explainability is exercised in the biblical law narratives and how the story of Balaam stresses the significance of moral agency that cannot hide behind “mere intermediary” claims. In light of this analysis, we revisit the relationship between tech giants and tech users to demonstrate how covenantality offers novel ways to conceptualize the noted conflicts between the parties.","PeriodicalId":44042,"journal":{"name":"Journal of Law and Religion","volume":"18 1","pages":"446 - 477"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74119880","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 Indian Constitution guarantees that individuals have the freedom to choose their partners free from state interference. However, the Uttar Pradesh Vidhi Virudh Dharma Samparivartan Pratishedh Adhyadesh, 2020 (Uttar Pradesh Prohibition of Unlawful Religious Conversion Law, 2020) prohibits religious conversion to the extent that it assumes all conversions are illegal, which may have a negative impact on interfaith marriages involving consenting adults. The author argues that the provisions of the Uttar Pradesh Ordinance forbidding religious conversion are vague and inadequate for addressing forceful or unlawful conversion for marriages, do not demonstrate any reasonable relation to the object of the legislation, and are constitutionally repugnant. The author concludes that by conferring police powers on state agencies to intervene in interfaith marriages, the Uttar Pradesh Ordinance erodes citizens’ freedom to choose a partner and their individual autonomy, privacy, and personal liberty—rights that are enshrined under India’s constitution.
{"title":"Policing Interfaith Marriages: Constitutional Infidelity of the Love Jihad Ordinance","authors":"S. Sonkar","doi":"10.1017/jlr.2022.37","DOIUrl":"https://doi.org/10.1017/jlr.2022.37","url":null,"abstract":"Abstract The Indian Constitution guarantees that individuals have the freedom to choose their partners free from state interference. However, the Uttar Pradesh Vidhi Virudh Dharma Samparivartan Pratishedh Adhyadesh, 2020 (Uttar Pradesh Prohibition of Unlawful Religious Conversion Law, 2020) prohibits religious conversion to the extent that it assumes all conversions are illegal, which may have a negative impact on interfaith marriages involving consenting adults. The author argues that the provisions of the Uttar Pradesh Ordinance forbidding religious conversion are vague and inadequate for addressing forceful or unlawful conversion for marriages, do not demonstrate any reasonable relation to the object of the legislation, and are constitutionally repugnant. The author concludes that by conferring police powers on state agencies to intervene in interfaith marriages, the Uttar Pradesh Ordinance erodes citizens’ freedom to choose a partner and their individual autonomy, privacy, and personal liberty—rights that are enshrined under India’s constitution.","PeriodicalId":44042,"journal":{"name":"Journal of Law and Religion","volume":"20 1","pages":"432 - 445"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88073860","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 According to Böckenförde’s interpretation in his famous essay “The Rise of the State as a Process of Secularization” (1967), in the formation of modern statehood religious freedom and, more generally, freedom of conscience played a central role. It was “for love of such freedom” that the modern state set inviolable limits on the exercise of its own coercive force vis-à-vis citizens relying on its protection. Nobody may be forced through the coercive tools of political power to hold true something that they do not believe. This dynamic of freedom is further taken up in Böckenförde’s analysis of church history and theological traditions, as this essay demonstrates. The conception of religious freedom as a right of the human person, contained in the Second Vatican Council declaration Dignitatis Humanae, is a real “Copernican turn.” It represents a true revolution in Catholic interpretation of democracy, public ethos, and natural law, which aims at reconciling modern freedom, democracy, and religion through a revised doctrine of the common good.
{"title":"Religious Freedom and the Ethos of Democracy in Ernst-Wolfgang Böckenförde","authors":"Michele Nicoletti","doi":"10.1017/jlr.2022.41","DOIUrl":"https://doi.org/10.1017/jlr.2022.41","url":null,"abstract":"Abstract According to Böckenförde’s interpretation in his famous essay “The Rise of the State as a Process of Secularization” (1967), in the formation of modern statehood religious freedom and, more generally, freedom of conscience played a central role. It was “for love of such freedom” that the modern state set inviolable limits on the exercise of its own coercive force vis-à-vis citizens relying on its protection. Nobody may be forced through the coercive tools of political power to hold true something that they do not believe. This dynamic of freedom is further taken up in Böckenförde’s analysis of church history and theological traditions, as this essay demonstrates. The conception of religious freedom as a right of the human person, contained in the Second Vatican Council declaration Dignitatis Humanae, is a real “Copernican turn.” It represents a true revolution in Catholic interpretation of democracy, public ethos, and natural law, which aims at reconciling modern freedom, democracy, and religion through a revised doctrine of the common good.","PeriodicalId":44042,"journal":{"name":"Journal of Law and Religion","volume":"74 1","pages":"508 - 518"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74161229","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 In the essay “A Christian in the Office of Constitutional Judge,” Ernst-Wolfgang Böckenförde addresses the dilemma of the Catholic judge who is sworn to apply a secular constitution yet who confesses to a “spirituality [that] knows no separation between the personal-private and the occupational spheres.” Böckenförde faced that dilemma in the 1993 abortion decision of the German Constitutional Court, which—with Böckenförde voting with the majority—held that abortion, while still punishable, allowed exceptions subject to certain conditions and counselling requirements. In this essay, the author situates that issue within the nature of judicial power and the ethical duties of the judge; the jurisdictional constraints that in other jurisdictions are available to avoid normative conflicts; and, finally, the challenges to judicial power when called upon to validate laws that go beyond the traditional punitive approach that merely prohibits and condemns, and that instead use welfare measures to actualize substantive norms taking into account social and historical realities.
{"title":"On Böckenförde’s “A Christian in the Office of Constitutional Judge”","authors":"Raul C. Pangalangan","doi":"10.1017/jlr.2022.38","DOIUrl":"https://doi.org/10.1017/jlr.2022.38","url":null,"abstract":"Abstract In the essay “A Christian in the Office of Constitutional Judge,” Ernst-Wolfgang Böckenförde addresses the dilemma of the Catholic judge who is sworn to apply a secular constitution yet who confesses to a “spirituality [that] knows no separation between the personal-private and the occupational spheres.” Böckenförde faced that dilemma in the 1993 abortion decision of the German Constitutional Court, which—with Böckenförde voting with the majority—held that abortion, while still punishable, allowed exceptions subject to certain conditions and counselling requirements. In this essay, the author situates that issue within the nature of judicial power and the ethical duties of the judge; the jurisdictional constraints that in other jurisdictions are available to avoid normative conflicts; and, finally, the challenges to judicial power when called upon to validate laws that go beyond the traditional punitive approach that merely prohibits and condemns, and that instead use welfare measures to actualize substantive norms taking into account social and historical realities.","PeriodicalId":44042,"journal":{"name":"Journal of Law and Religion","volume":"16 1","pages":"541 - 546"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79071085","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 In 1995, the German legislature introduced the rule that a woman who terminates her pregnancy in the first trimester, which is illegal, would not be punished if she had previously undergone a legally prescribed counseling session. The counseling session, while oriented toward the protection of unborn life, is also open-ended, respectful of the decision-making right and duty of the pregnant woman. At the request of the pope, the German bishops instructed the existing counseling centers of the Catholic welfare organizations not to issue any written certificates of such counseling, as such certificates could ultimately be used to evade punishment. In order to continue to be able to offer counseling, Catholics, among them Ernst-Wolfgang Böckenförde, founded the association Donum Vitae (Gift of Life), which continues to issue certificates when requested. For the German bishops, the association, founded by Catholics for Catholics and non-Catholics alike, is external to the church. But what precisely is Donum Vitae? What does it stand for? Why are assessments of the association divided until this day? The essay examines these questions theologically and legally.
{"title":"Donum Vitae: An Association External to the Church? A Rebuttal from a Personal and Theological Perspective","authors":"Sabine Demel","doi":"10.1017/jlr.2022.39","DOIUrl":"https://doi.org/10.1017/jlr.2022.39","url":null,"abstract":"Abstract In 1995, the German legislature introduced the rule that a woman who terminates her pregnancy in the first trimester, which is illegal, would not be punished if she had previously undergone a legally prescribed counseling session. The counseling session, while oriented toward the protection of unborn life, is also open-ended, respectful of the decision-making right and duty of the pregnant woman. At the request of the pope, the German bishops instructed the existing counseling centers of the Catholic welfare organizations not to issue any written certificates of such counseling, as such certificates could ultimately be used to evade punishment. In order to continue to be able to offer counseling, Catholics, among them Ernst-Wolfgang Böckenförde, founded the association Donum Vitae (Gift of Life), which continues to issue certificates when requested. For the German bishops, the association, founded by Catholics for Catholics and non-Catholics alike, is external to the church. But what precisely is Donum Vitae? What does it stand for? Why are assessments of the association divided until this day? The essay examines these questions theologically and legally.","PeriodicalId":44042,"journal":{"name":"Journal of Law and Religion","volume":"1 1","pages":"530 - 540"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91353606","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 In comparing the works of two major Catholic thinkers, John Courtney Murray (1904–1967) and Ernst-Wolfgang Böckenförde (1930–2019), one finds an example of the divergences between European-continental Catholic and US Catholic concepts of the state and society. This divergence has become more evident in the context of the rise of American Catholics in politics and in the context of the crisis of the post–World War II liberal political order, but they have been at the heart of different Catholic intellectual traditions for quite some time. A comparative analysis of Murray and Böckenförde helps to explain the role of US Catholicism in the crisis of American democracy and the complexity of the reception of Vatican II in political theology in different Catholic Churches around the world.
{"title":"Transatlantic Catholic Gap: Ernst-Wolfgang Böckenförde and John Courtney Murray on State and Society","authors":"M. Faggioli","doi":"10.1017/jlr.2022.36","DOIUrl":"https://doi.org/10.1017/jlr.2022.36","url":null,"abstract":"Abstract In comparing the works of two major Catholic thinkers, John Courtney Murray (1904–1967) and Ernst-Wolfgang Böckenförde (1930–2019), one finds an example of the divergences between European-continental Catholic and US Catholic concepts of the state and society. This divergence has become more evident in the context of the rise of American Catholics in politics and in the context of the crisis of the post–World War II liberal political order, but they have been at the heart of different Catholic intellectual traditions for quite some time. A comparative analysis of Murray and Böckenförde helps to explain the role of US Catholicism in the crisis of American democracy and the complexity of the reception of Vatican II in political theology in different Catholic Churches around the world.","PeriodicalId":44042,"journal":{"name":"Journal of Law and Religion","volume":"272 1","pages":"519 - 529"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79928014","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：