With religion at centre stage in conflicts worldwide, and in social, ethical and geo-political debates, this book takes a timely look at relations between law and religion. To what extent can religion play a role in secular legal systems? How do peoples of various faiths live successfully by both secular laws as well as their religious laws? Are there limits to freedom of religion? These questions are related to legal deliberations and broader discussions around secularism, multiculturalism, immigration, settlement and security. The book is unique in bringing together leading scholars and respected religious leaders to examine legal, theoretical, historical and religious aspects of the most pressing social issues of our time. In addressing each other's concerns, the authors ensure accessibility to interdisciplinary and non-specialist audiences: scholars and students in social sciences, human rights, theology and law, as well as a broader audience engaged in social, political and religious affairs. Five of the book's thirteen chapters address specific contemporary issues in Australia, one of the most ethnically diverse countries in the world and a pioneer of multicultural policies. Australia is a revealing site for contemporary studies in a world afraid of immigration and terrorism. The other chapters deal with political, legal and ethical issues of global significance. In conclusion, the editors propose increasing dialogue with and between religions. Law may intervene in or guide such dialogue by defending the free exchange of religious ideas, by adjudicating disputes over them, or by promoting a civil society that negotiates, rather than litigates.

With religion at centre stage in conflicts worldwide, and in social, ethical and geo-political debates, this book takes a timely look at relations between law and religion. To what extent can religion play a role in secular legal systems? How do peoples of various faiths live successfully by both secular laws as well as their religious laws? Are there limits to freedom of religion? These questions are related to legal deliberations and broader discussions around secularism, multiculturalism, immigration, settlement and security.

The book is unique in bringing together leading scholars and respected religious leaders to examine legal, theoretical, historical and religious aspects of the most pressing social issues of our time. In addressing each other's concerns, the authors ensure accessibility to interdisciplinary and non-specialist audiences: scholars and students in social sciences, human rights, theology and law, as well as a broader audience engaged in social, political and religious affairs. Five of the book's thirteen chapters address specific contemporary issues in Australia, one of the most ethnically diverse countries in the world and a pioneer of multicultural policies. Australia is a revealing site for contemporary studies in a world afraid of immigration and terrorism. The other chapters deal with political, legal and ethical issues of global significance. In conclusion, the editors propose increasing dialogue with and between religions. Law may intervene in or guide such dialogue by defending the free exchange of religious ideas, by adjudicating disputes over them, or by promoting a civil society that negotiates, rather than litigates.

This book analyses the right to religious freedom within international law. Analysing legal structures in a variety of both Western and non-Western jurisdictions, the book sets out a topography of the different constitutional structures of religion within the state and their compliance with international human rights law. The book also considers the position of women's religious freedom vis a vis community claims of religious freedom. Taking a rigorous approach to the right, Anat Scolnicov argues that the interpretation and application of religious freedom must be understood as a conflict between individual and group claims of rights, and argues for an individualistic interpretation of this right.

Black Muslims and the Law: Civil Liberties From Elijah Muhammad to Muhammad Ali examines the Nation of Islam's quest for civil liberties as what might arguably be called the inaugural and first sustained challenge to the suppression of religious freedom in African American legal history. Borrowing insights from A. Leon Higgonbotham Jr.'s classic works on American slavery jurisprudence, Black Muslims and the Law reveals the Nation of Islam's strategic efforts to engage governmental officials from a position of power, and suggests the federal executive, congressmen, judges, lawyers, law enforcement officials, prison administrators, state governments, and African American civic leaders held a common understanding of what it meant to be and not to be African American and religious in the period between World War II and the Vietnam War. The work raises basic questions about the rights of African descended people to define god, question white moral authority, and critique the moral legitimacy of American war efforts according to their own beliefs and standards.

The Tower of Babel narrative is one of the most memorable accounts of the Bible, and its interpretative potential has produced a vast array of literary adaptations. Undoing Babel is the first extensive examination of the development of the Babel narrative amongst Anglo-Saxon authors from late antiquity to the eleventh century. Tristan Major's illuminating and original insight into Anglo-Latin and Old English works, including the writings of Aldhelm, Bede, Alcuin, Aelfric, and Wulfstan, reveals the cultural ideologies and anxieties that transformed the Babel narrative. In doing so, Major argues that these Babel narratives provide a basis for understanding the world's ethnic and linguistic diversity as well as a theological stimulus to evangelize non-Christian and non-European people. Undoing Babel highlights the depth of literary innovation in this period and disproves any notion of a single Anglo-Saxon reception of biblical sources.

Although human rights belong to all persons on the basis of their humanity, this book demonstrates that in the practice of international human rights law, the freedom to be non-religious or atheist does not receive the same protection as the freedom to be religious. Despite the claimed universality of freedom of religion and belief contained in article 18 of the International Covenant on Civil and Political Rights, the key assertion made is that there is a hierarchy of religion and belief, with followers of major established religions enjoying high protection and low regulation at the top, and atheists and non-believers enduring high persecution and weaker protection at the bottom. The existence of this hierarchy is proven and critiqued through three case study chapters that respectively explore the extent to which non-religious and atheist rights-holders enjoy freedom from proselytism, freedom from hate and freedom from the religions of their parents.

Faith-based organizations play a major role in providing a host of health, educational, and social services to the public. Nearly all these efforts, however, have been accompanied by intense debate and numerous legal challenges. The right of faith-based organizations to hire based on religion, the presence of religious symbols and icons in rooms where government-subsidized services are provided, and the enforcement of gay civil rights to which some faith-based organizations object all continue to be subjects of intense debate and numerous court cases. In Pluralism and Freedom, Stephen Monsma explores the question of how much autonomy should faith-based organizations retain when they enter the public realm? He contends that pluralism and freedom demand their religious freedom be respected, but that freedom of all religious traditions and of the general public and secular groups be equally respected, ideals that neither the left nor the right live up to. In response, Monsma argues that democratic pluralism requires a genuine, authentic-but also a limited-autonomy for faith-based organizations providing public services, and offers practical, concrete public policy applications of this framework in practice.

This book examines the origins of Australia's constitutional religious freedom provision. It explores, on the one hand, the political activities and motives of religious leaders seeking to give the Australian Constitution a religious character and, on the other, the political activities and motives of a religious minority seeking to prevent the Australian Constitution having a religious character. The book also interrogates the argument advanced at the Federal Convention in favour of section 116, dealing with separation of religion and government, and argues that until now scholars and courts have misunderstood that argument. The book casts new light to show how the origins of the provision lead to section 116 being conceptualised as a safeguard against religious intolerance on the part of the Commonwealth. Written in an accessible style, the work has potential to influence the development of constitutional doctrine by the High Court through its challenge of historical assumptions on which the High Court's current doctrine is based. Given the ongoing political debates concerning the interaction of discrimination law and religious freedom, the book will be of interest to academics and policy-makers working in the areas of law and religion, constitutional law and comparative law.

'An indispensable account' - Sunday Times 'Moving and devastating' - The Literary Review 'An intimate, highly sensory self-portrait' - Sunday Telegraph (Five Stars) FIRST MEMOIR ABOUT CHINA'A 'RE-EDUCATION' CAMPS BY A UYGHUR WOMAN Since 2017, one million Uyghurs have been seized by the Chinese authorities and sent to 're-education' camps, in what the US Government and human rights groups describe as a genocide. Few have made it out to the West. One is Gulbahar Haitiwaji. For three years, she endured hundreds of hours of interrogations, freezing cold, forced sterilisation, and a programme of de-personalisation meant to destroy her free will and her memories. This intimate account reveals the long-suppressed truth about China's gulag. It tells the story of a woman confronted by an all-powerful state bent on crushing her spirit - and her battle for freedom and dignity. Extract 'In the camps, the 're-education' process applies the same remorseless method to destroying all its victims. It starts out by stripping you of your individuality. It takes away your name, your clothes, your hair. There is nothing now to distinguish you from anyone else. 'Then the process takes over your body by subjecting it to a hellish routine: being forced to repeatedly recite the glories of the Communist Party for eleven hours a day in a windowless classroom. Falter, and you are punished. So you keep on saying the same things over and over again until you can't feel, can't think anymore. You lose all sense of time. First the hours, then the days.' - Gulbahar Haitiwaji Reviews 'Gulbahar's memoir is an indispensable account, which makes vivid the stench of fearful sweat in the cells, the newly built prison's permanent reek of white pain. It closely corresponds with other witness statements, giving every indication of being very reliable. Most impressive is her psychological honesty.' - John Phipps, Sunday Times 'Huge efforts have been made to obfuscate the realities of life in the camps (even speaking openly in Xinjiang about them can lead to incarceration). Although their existence has been well documented abroad and grudgingly admitted by the Chinese state, relatively few first-hand accounts of what actually goes on inside them have emerged. One is Gulbahar Haitiwaji's moving and devastating How I Survived a Chinese 'Re-education' Camp.' - Roderic Wye, Literary Review 'There follows an intimate, highly sensory self-portrait, created with the help of Rozenn Morgat (a journalist with Le Figaro), of an educated woman passing through a system that appears at turns cruel, paranoid, capricious and devastatingly effective. It begins with the confiscation of Haitiwaji's passport and a police interrogation during which she is shown a photograph of her daughter attending a Uyghur demonstration in Paris. One of the interrogators starts bawling at her - "Your daughter's a terrorist!" and before long Haitiwaji is plunged into a bewildering world of shackles, bunks and beaten-earth floors; grey gruel and stale bread served up by deaf-mute cooks selected for their silence; the sounds and smells of the communal toilet-bucket; and the buzz of security camera motors as they scan the cell.' ***** - Christopher Harding, Sunday Telegraph Translated from the French book Rescapee du goulag chinois (Equateurs), How I Survived a Chinese Reeducation Camp is a riveting insight into an authoritarian world. A true story, it reads like a 21st Century version of George Orwell's 1984 set in modern China.

Goes beyond transgender to question the need for gender classification Beyond Trans pushes the conversation on gender identity to its limits: questioning the need for gender categories in the first place. Whether on birth certificates or college admissions applications or on bathroom doors, why do we need to mark people and places with sex categories? Do they serve a real purpose or are these places and forms just mechanisms of exclusion? Heath Fogg Davis offers an impassioned call to rethink the usefulness of dividing the world into not just Male and Female categories but even additional categories of Transgender and gender fluid. Davis, himself a transgender man, explores the underlying gender-enforcing policies and customs in American life that have led to transgender bathroom bills, college admissions controversies, and more, arguing that it is necessary for our society to take real steps to challenge the assumption that gender matters. He examines four areas where we need to re-think our sex-classification systems: sex-marked identity documents such as birth certificates, driver's licenses and passports; sex-segregated public restrooms; single-sex colleges; and sex-segregated sports. Speaking from his own experience and drawing upon major cases of sex discrimination in the news and in the courts, Davis presents a persuasive case for challenging how individuals are classified according to sex and offers concrete recommendations for alleviating sex identity discrimination and sex-based disadvantage. For anyone in search of pragmatic ways to make our world more inclusive, Davis' recommendations provide much-needed practical guidance about how to work through this complex issue. A provocative call to action, Beyond Trans pushes us to think how we can work to make America truly inclusive of all people.

This book analyzes the promotion and protection of freedom of religion in the international arena with a particular focus on the role and influence of the US International Religious Freedom Act, 1998. It also investigates the impact of the IRFA on the legislation and policies of third countries and the EU. The book develops the story of the protection of religious freedom through foreign policy by showing how religious laws affect and shape a more communitarian dimension of the notion of freedom of religion which stands in contrast with a traditionally Western individualistic understanding of the right. It is argued that it is still possible to defend the unstable category of freedom of religion or belief especially when major violations are at stake. The book presents a balanced contribution to the academic debate on the promotion and protection of religious freedom. The comparative approach and interdisciplinary methodology make it a valuable resource for academics, students and policy-makers in Law, International Relations and Strategic Studies.

The rights of lesbian, gay, bisexual, and transgender persons (LGBT) are strongly contested by certain faith communities, and this confrontation has become increasingly pronounced following the adjudication of a number of legal cases. As the strident arguments of both sides enter a heated political arena, it brings forward the deeply contested question of whether there is any possibility of both communities' contested positions being reconciled under the same law. This volume assembles impactful voices from the faith, LGBT advocacy, legal, and academic communities - from the Human Rights Campaign and ACLU to the National Association of Evangelicals and Catholic and LDS churches. The contributors offer a 360-degree view of culture-war conflicts around faith and sexuality - from Obergefell to Masterpiece Cakeshop - and explore whether communities with such profound differences in belief are able to reach mutually acceptable solutions in order to both live with integrity.

Islam is a growing presence practically everywhere in Europe. In Italy, however, Islam has met a unique model of state neutrality, religious freedom and church and state collaboration. This book gives a detailed description of the legal treatment of Muslims in Italy, contrasting it with other European states and jurisprudence, and with wider global tendencies that characterize the treatment of Islam. Through focusing on a series of case studies, the author argues that the relationship between church and state in Italy, and more broadly in Europe, should be reconsidered both to secure religious freedom and general welfare. Working on the concepts of religious freedom, state neutrality, and relationship between church and state, Andrea Pin develops a theoretical framework that combines the state level with the supranational level in the form of the European Convention of Human Rights, which ultimately shapes a unitary but flexible understanding of pluralism. This approach should better accommodate not just Muslims' needs, but religious needs in general in Italy and elsewhere.

The question of to what extent, manifestations of religious beliefs should be permitted in the European public sphere has become a salient and controversial topic in recent years. Despite the increasing interest however, debates have rarely questioned the conventional wisdom that an increase in the range of security measures employed by a government inevitably leads to a decrease in the human rights enjoyed by individuals. This book analyses the relationship between state security regime changes and the right to religious freedom in the EU. It presents a comparative analysis of the impact these regime changes have had on the politics, policies and protections of religious freedom across the EU member states in the post-2001 environment. The book provides a timely investigation into the role of national legislation, the European Court of Human Rights, and societal trends in the protection of religious freedom, and in so doing demonstrates why the relationship between state security and religious freedom is one of the most socially significant challenges facing policymakers and jurists in Europe at the present time.

The First Amendment to the United States Constitution begins: "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof." Taken as a whole, this statement has the aim of separating church and state, but tensions can emerge between its two elements-the so-called Nonestablishment Clause and the Free Exercise Clause-and the values that lie beneath them. If the government controls (or is controlled by) a single church and suppresses other religions, the dominant church's "establishment" interferes with free exercise. In this respect, the First Amendment's clauses coalesce to protect freedom of religion. But Kent Greenawalt sets out a variety of situations in which the clauses seem to point in opposite directions. Are ceremonial prayers in government offices a matter of free exercise or a form of establishment? Should the state provide assistance to religious private schools? Should parole boards take prisoners' religious convictions into account? Should officials act on public reason alone, leaving religious beliefs out of political decisions? In circumstances like these, what counts as appropriate treatment of religion, and what is misguided? When Free Exercise and Nonestablishment Conflict offers an accessible but sophisticated exploration of these conflicts. It explains how disputes have been adjudicated to date and suggests how they might be better resolved in the future. Not only does Greenawalt consider what courts should decide but also how officials and citizens should take the First Amendment's conflicting values into account.

Drawing on the critical and theoretical concepts of sovereignty, biopolitics, and necropolitics, this book examines how a normative liberal and secular understanding of India s religious identity is translatable by Hindu nationalists into discrimination and violence against minoritized religious communities. Extending these concepts to an analysis of historical, political and legal genealogies of conversion, the author demonstrates how a concern for sovereignty links past and present anti-conversion campaigns and laws.

The book illustrates how sovereignty informs the making of secularism as well as religious difference. The focus on sovereignty sheds light on the manner in which religious difference becomes a point of reference for the religio-secular idioms of Bombay cinema, for legal judgements on communal violence, for human rights organizations, and those seeking justice for communal violence. This wide-ranging examination and discussion of the trajectories of (anti) conversion politics through historical, legal, philosophical, popular cultural, archival and ethnographic material offers a cogent argument for shifting the stakes and rethinking the relationship between sovereignty and religious freedom. The book is a timely contribution to broader theoretical and political discussions of (post) secularism and human rights, and is of interest to students and scholars of postcolonial studies, cultural studies, law, and religious studies.

The global movement of culture and religion has brought about a serious challenge to traditional constitutional secularism. This challenge comes in the form of a political and institutional struggle against secular constitutionalism, and a two pronged assault on the very legitimacy and viability of the concept. On the one hand, constitutional secularism has been attacked as inherently hostile rather than neutral toward religion; and, on the other hand, constitutional secularism has been criticized as inevitably favouring one religion (or set of religions) over others. The contributors to this book come from a variety of different disciplines including law, anthropology, history, philosophy and political theory. They provide accounts of, and explanations for, present predicaments; critiques of contemporary institutional, political and cultural arrangements, justifications and practices; and suggestions with a view to overcoming or circumventing several of the seemingly intractable or insurmountable current controversies and deadlocks. The book is separated in to five parts. Part I provides theoretical perspectives on the present day conflicts between secularism and religion. Part II focuses on the relationship between religion, secularism and the public sphere. Part III examines the nexus between religion, secularism and women's equality. Part IV concentrates on religious perspectives on constraints on, and accommodations of, religion within the precincts of the liberal state. Finally, Part V zeroes in on conflicts between religion and secularism in specific contexts, namely education and freedom of speech.

An introduction to antiracism, a powerful tradition crucial for energizing American democracy On August 12, 2017, in Charlottesville, Virginia, a rally of white nationalists and white supremacists culminated in the death of a woman murdered in the street. Those events made clear that racism is alive and well in the United States of America. However, they also brought into sharp relief another American tradition: antiracism. While racists marched and chanted in the streets, they were met and matched by even larger numbers of protesters calling for racism's end. Racism is America's original and most enduring sin, with well-known historic and contemporary markers: slavery, lynching, Jim Crow, redlining, mass incarceration, police brutality. But racism has always been challenged by an opposing political theory and practice. Alex Zamalin's Antiracism tells the story of that opposition. The most theoretically generative and politically valuable source of antiracist thought has been the black American intellectual tradition. While other forms of racial oppression-for example, anti-Semitism, Islamophobia, and anti-Latino racism-have been and continue to be present in American life, antiblack racism has always been the primary focus of American antiracist movements. From antislavery abolition to the antilynching movement, black socialism to feminism, the long Civil Rights movement to the contemporary Movement for Black Lives, Antiracism examines the way the black antiracist tradition has thought about domination, exclusion, and power, as well as freedom, equality, justice, struggle, and political hope in dark times. Antiracism is an accessible introduction to the political theory of black American antiracism, through a study of the major figures, texts, and political movements across US history. Zamalin argues that antiracism is a powerful tradition that is crucial for energizing American democracy.

Since the early 2010s, an increasing number of European countries have passed laws that prohibit the wearing of various kinds of Islamic veil in particular circumstances. This insightful book considers the arguments used to justify such laws and analyses the legitimacy of these arguments both generally and in regards to whether such laws can be seen as justified interferences with the rights of women who wish to wear such garments. This timely book considers the most recently passed European laws that target Islamic veiling. The author situates the justifications for anti-veiling laws in the context of a careful analysis of the reasons why women wear veils, and considers these justifications by reference to emerging debates surrounding the relative value of liberalism and human rights, multiculturalism, and the need to protect 'traditional values'. The book concludes that these laws are best viewed as symbolic strikes at a recognizable symbol of an ideological opponent, theorising that their principal purpose is to enable particular countries to reaffirm traditional values in a context of increased domestic opposition to multiculturalism. This engaging work will be valuable reading for students and scholars of human rights law, Islamic law and those interested specifically in the laws and regulations surrounding Islamic veiling around the world.

Emma Goldman's Supreme Court appeal occurred during a transitional point for First Amendment law, as justices began incorporating arguments related to free expression into decisions on espionage and sedition cases. This project analyzes the communications that led to her arrest-writings in Mother Earth, a mass-mailed manifesto, and speeches related to compulsory military service during World War I-as well as the ensuing legal proceedings and media coverage. The authors place Goldman's Supreme Court appeal in the context of the more famous Schenck and Abrams trials to demonstrate her place in First Amendment history while providing insight into wartime censorship and the attitude of the mainstream press toward radical speech.

An introduction to antiracism, a powerful tradition crucial for energizing American democracy On August 12, 2017, in Charlottesville, Virginia, a rally of white nationalists and white supremacists culminated in the death of a woman murdered in the street. Those events made clear that racism is alive and well in the United States of America. However, they also brought into sharp relief another American tradition: antiracism. While racists marched and chanted in the streets, they were met and matched by even larger numbers of protesters calling for racism's end. Racism is America's original and most enduring sin, with well-known historic and contemporary markers: slavery, lynching, Jim Crow, redlining, mass incarceration, police brutality. But racism has always been challenged by an opposing political theory and practice. Alex Zamalin's Antiracism tells the story of that opposition. The most theoretically generative and politically valuable source of antiracist thought has been the black American intellectual tradition. While other forms of racial oppression-for example, anti-Semitism, Islamophobia, and anti-Latino racism-have been and continue to be present in American life, antiblack racism has always been the primary focus of American antiracist movements. From antislavery abolition to the antilynching movement, black socialism to feminism, the long Civil Rights movement to the contemporary Movement for Black Lives, Antiracism examines the way the black antiracist tradition has thought about domination, exclusion, and power, as well as freedom, equality, justice, struggle, and political hope in dark times. Antiracism is an accessible introduction to the political theory of black American antiracism, through a study of the major figures, texts, and political movements across US history. Zamalin argues that antiracism is a powerful tradition that is crucial for energizing American democracy.

Is religious freedom being curtailed in pursuit of equality, and the outlawing of discrimination? Is enough effort made to accommodate those motivated by a religious conscience? All rights matter but at times the right to put religious beliefs into practice increasingly takes second place in the law of different countries to the pursuit of other social priorities. The right to freedom of belief and to manifest belief is written into all human rights charters. In the United States religious freedom is sometimes seen as 'the first freedom'. Yet increasingly in many jurisdictions in Europe and North America, religious freedom can all too easily be 'trumped' by other rights. Roger Trigg looks at the assumptions that lie behind the subordination of religious liberty to other social concerns, especially the pursuit of equality. He gives examples from different Western countries of a steady erosion of freedom of religion. The protection of freedom of worship is often seen as sufficient, and religious practices are separated from the beliefs which inspire them. So far from religion in general, and Christianity in particular, providing a foundation for our beliefs in human dignity and human rights, religion is all too often seen as threat and a source of conflict, to be controlled at all costs. The challenge is whether any freedom can preserved for long, if the basic human right to freedom of religious belief and practice is dismissed as of little account, with no attempt to provide any reasonable accommodation. Given the central role of religion in human life, unnecessary limitations on its expression are attacks on human freedom itself.

This book examines the existing constitutional and legal system in England, Wales and Scotland, through the prism of its treatment of religion and belief. The study encompasses questions of Church/state relations, but pushes far beyond these. It asks whether the approach to religion which has spread out from establishment to permeate the whole legal framework is a cause of concern or celebration in relation to individual and collective freedoms. The primary focus of the work is the synergy between the religious dimension of the juridical system and the fundamental pillars of the Constitution (parliamentary sovereignty, the rule of law, separation of powers and human rights). Javier Garcia Oliva and Helen Hall challenge the view that separation between public and religious authorities is the most conducive means of nurturing a free and democratic society in modern Britain. The authors explore whether, counter-intuitively for some, the religious dynamic to the legal system actually operates to safeguard liberties, and has a role in generating an inclusive and adaptable backdrop for our collective life. They suggest that the present paradigm brings benefits for citizens of all shades of religious belief and opinion (including Atheist and Humanist perspectives), as well as secondary advantages for those with profound beliefs on non-religious matters, such as pacifism and veganism. In support of their contentions, Garcia Oliva and Hall examine how the religious dimension of the legal framework operates to further essential constitutional principles in diverse settings, ranging from criminal to family law. In a groundbreaking move, the authors also set the legal discussion alongside its social and cultural context. They consider how the theological perspectives of the larger faith traditions might influence members' ideas around the key constitutional precepts, and they include extracts from interviews which give the personal perspective of more than 100 individuals on contemporary issues of law and religious freedom. These voices are drawn from a range of fields and positions on faith. While the authors are at pains to stress that these sections do not support or advance their legal or theological conclusions, they do provide readers with a human backdrop to the discussion, and demonstrate its crucial importance in twenty-first century Britain.

A major American legal thinker, the late Ronald Dworkin also helped shape new dispensations in the Global South. In South Africa, in particular, his work has been fiercely debated in the context of one of the world's most progressive constitutions. Despite Dworkin's discomfort with that document's enshrinement of "socioeconomic rights," his work enables an important defense of a jurisprudence premised on justice, rather than on legitimacy. Beginning with a critical overview of Dworkin's work culminating in his two principles of dignity, Cornell and Friedman turn to Kant and Hegel for an approach better able to ground the principles of dignity Dworkin advocates. Framed thus, Dworkin's challenge to legal positivism enables a theory of constitutional revolution in which existing legal structures are transformatively revalued according to ethical mandates. By founding law on dignity, Dworkin begins to articulate an ethical jurisprudence responsive to the lived experience of injustice. This book, then, articulates a revolutionary constitutionalism crucial to the struggle for decolonization.

During the second half of the nineteenth century and the first half of the twentieth, insurgencies erupted in imperial states and colonies around the world, including Britain's. As Nicole Rizzuto shows, the writings of Ukrainian-born Joseph Conrad, Anglo-Irish Rebecca West, Jamaicans H. G. de Lisser and V. S. Reid, and Kenyan Ng gi wa Thiong'o testify to contested events in colonial modernity in ways that question premises underlying approaches in trauma and memory studies and invite us to reassess divisions and classifications in literary studies that generate such categories as modernist, colonial, postcolonial, national, and world literatures. Departing from tenets of modernist studies and from methods in the field of trauma and memory studies, Rizzuto contends that acute as well as chronic disruptions to imperial and national power and the legal and extra-legal responses they inspired shape the formal practices of literatures from the modernist, colonial, and postcolonial periods.