Studies in Law, Politics, and Society

Austin Sarat

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9781789737288

10 June 2019

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10 June 2019

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10 June 2019

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This special issue of Studies in Law, Politics and Society contains two sections. In the first, 'Religious Inspirations and Legal Responses', contributors examine the interaction between law and religion. They consider the liberal tradition in which the law stands in stark opposition to religion, as well as traditions in which the law is inseparable from the sacred, revealing the complex and often controversial relationship between law and religion. Case studies include religious education, Sharia debates in Australia, Canada and the U.K., and same-sex marriage in the U.S.

The second section, 'Law and Social Change: Old Questions, New Answers', examines the ways in which the law simultaneously enhances and inhibits projects of social change. The varied ways in which legal institutions respond to social movements are analyzed, along with the cultural contingencies associated with law's ability to promote change, and what we can learn about law and social change by examining societies across the globe. Case studies include refugee and asylum seeker detention and the political risks of litigation in the U.S.

Section I: Law and ReligionChapter 1. For God's Sake, Don't Segregate! Two Kinds of Religious Schools and Equality in Education; Tammy Harel Ben Shahar Chapter 2. "Honorable Religious Premises" and Other Affronts: Disputing Free Exercise in the Era of Trump; Jenna Reinbold Chapter 3. An Uneasy Encounter: Male circumcision, Jewish difference, and German law; Mareike Riedel Chapter 4. Religious Accommodation in the Secular State: The Sharia Debates in Australia; Canada, and the United Kingdom; Amira Aftab Section II: Law and Social Change: Old Questions, New Answers Chapter 5. How Legal Intermediaries Facilitate or Inhibit Social Change; Shauhin Talesh and Jérôme Pélisse Chapter 6. The Politics of Litigation; Jeb Barnes Chapter 7. But is it a harm and who is responsible? Refugees and asylum seeker detention: law, courts and social change; Jennifer Balint

This volume brings together seven essays contributed by political science, law, and religion scholars from Europe, Australia, Israel, and the US, who consider law in the context of religion and social change. In the first section, they examine the interaction between law and religion in terms of religious schools and equality in education in various countries; the Obergefell v. Hodges decision and religious free exercise in the era of Donald Trump; male circumcision, Jewish difference, and German law; and the Sharia debates, religious accommodation, and informal institutional norms in Australia, Canada, and the UK. The second section focuses on how the law enhances and inhibits projects of social change, with discussion of the role of legal intermediaries, the political risks of litigation in American policymaking, and the use of law and legal institutions by the social movement seeking to end Australia's policy of mandatory detention for refugees and asylum seekers.
- Annotation ©2019

Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College, USA. He is also a Five College Fortieth Anniversary Professor. He has written, co-written, or edited more than fifty books in the fields of law and political science.