After Secular Law
After Secular Law
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Abstract
Many people today place great hope in law as a vehicle for the transformation of society and accept that law is autonomous, universal, and above all, secular. Yet recent scholarship has called into question the simplistic narrative of a separation between law and religion and blurred the boundaries between these two categories, enabling new accounts of their relation that do not necessarily either collapse them together or return law to a religious foundation. This book gives special attention to the secularism of law, exploring how law became secular, the phenomenology of the legal secular, and the challenges that lingering religious formations and other aspects of globalization pose for modern law's self-understanding. Bringing together scholars with a variety of perspectives and orientations, it provides a deeper understanding of the interconnections between law and religion and the unexpected histories and anthropologies of legal secularism in a globalizing modernity.
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Front Matter
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Introduction
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Part I Histories of the Legal Secular
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One
Moses' Veil: Secularization as Christian Myth
Robert A. Yelle
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Two
Secular Law and the Realm of False Religion
Jakob De Roover
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Three
Assenting to the Law: Sacrifice and Punishment at the Dawn of Secularism
Jonathan Sheehan
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Four
National Security and Secularization in the English Revolution of 1688
Rachel Weil
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Five
“intolerance of Intolerance” in the Unitarian Controversy: The Theology of Baker v. Fales
Stephanie L. Phillips
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Six
The University and the Advent of the Academic Secular: The State's Management of Public Instruction
Tomoko Masuzawa
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Seven
Stasiology: Political Theology and the Figure of the Sacrificial Enemy
Banu Bargu
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Eight
Against Sovereign Impunity: The Political Theology of the International Criminal Court
Bruce Rosenstock
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One
Moses' Veil: Secularization as Christian Myth
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Part II Ethnographies of the Legal Secular
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Nine
Sovereign Power and Secular Indeterminacy: Is Egypt a Secular or a Religious State?
Hussein Ali Agrama
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Ten
The Ruse of Law: Legal Equality and the Problem of Citizenship in a Multireligious Sudan
Noah Salomon
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Eleven
The Religio-Secular Continuum: Reflections on the Religious Dimensions of Turkish Secularism
Markus Dressler
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Twelve
“The Spirits Were Always Watching”: Buddhism, Secular Law, and Social Change in Thailand
David M. Engel
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Thirteen
Secular Speech and Popular Passions: The Antinomies of Indian Secularism
Thomas Blom Hansen
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Fourteen
Courting Culture: Unexpected Relationships between Religion and Law in Contemporary Hawai̒i
Greg Johnson
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Fifteen
The Peculiar Stake U.S. Protestants Have in the Question of State Recognition of Same-Sex Marriages
Mary Anne Case
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Sixteen
Sacred Property: Searching for Value in the Rubble of 9/11
Mateo Taussig-rubbo
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Seventeen
When Is Religion, Religion, and a Knife, a Knife—and Who Decides? The Case of Denmark
Tim Jensen
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Nine
Sovereign Power and Secular Indeterminacy: Is Egypt a Secular or a Religious State?
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End Matter
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