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The essays brought together in Islam, Law and Identity are the product of a series of interdisciplinary workshops that brought together scholars from a plethora of countries. Funded by the British Academy the workshops convened over a period of two years in London, Cairo and Izmir. The workshops and the ensuing papers focus on recent debates about the nature of sacred and secular law and most engage case studies from specific countries including Egypt, Israel, Kazakhstan, Mauritania, Pakistan and the UK. Islam, Law and Identity also addresses broader and over-arching concerns about relationships between religion, human rights, law and modernity. Drawing on a variety of theoretical and empirical approaches, the collection presents law as central to the complex ways in which different Muslim communities and institutions create and re-create their identities around inherently ambiguous symbols of faith. From their different perspectives, the essays argue that there is no essential conflict between secular law and Shari`a but various different articulations of the sacred and the secular. Islam, Law and Identity explores a more nuanced and sophisticated understanding of the tensions that animate such terms as Shari`a law, modernity and secularization
Emmanuel Levinas' re-formulation of subjectivity, responsibility and the good has radically influenced post-structuralist thought. Political and legal theory, however, have only marginally profited from his moral philosophy. Levinas' theme of one's infinite responsibility for the other has often been romanticized by some advocates of multiculturalism and natural justice. In this volume, political theorists, philosophers and legal scholars critically engage with this idealization of Levinas' ethics. The authors show that his crucial formulation of the idea of 'the other in me' does not offer a quick cure for today's nationalist, racist and religious divides. Nor does his notion of anarchic responsibility provide immediate relief for the agony of dealing with matters of life and death. The rebelliousness of Levinas' thought is rediscovered here and used to challenge preconceptions of social, legal and individual responsibility.
The essays brought together in Islam, Law and Identity are the product of a series of interdisciplinary workshops that brought together scholars from a plethora of countries. Funded by the British Academy the workshops convened over a period of two years in London, Cairo and Izmir. The workshops and the ensuing papers focus on recent debates about the nature of sacred and secular law and most engage case studies from specific countries including Egypt, Israel, Kazakhstan, Mauritania, Pakistan and the UK. Islam, Law and Identity also addresses broader and over-arching concerns about relationships between religion, human rights, law and modernity. Drawing on a variety of theoretical and empirical approaches, the collection presents law as central to the complex ways in which different Muslim communities and institutions create and re-create their identities around inherently ambiguous symbols of faith. From their different perspectives, the essays argue that there is no essential conflict between secular law and Shari`a but various different articulations of the sacred and the secular. Islam, Law and Identity explores a more nuanced and sophisticated understanding of the tensions that animate such terms as Shari`a law, modernity and secularization
Emmanuel Levinas' re-formulation of subjectivity, responsibility
and the good has radically influenced post-structuralist thought.
Political and legal theory, however, have only marginally profited
from his moral philosophy. Levinas' theme of one's infinite
responsibility for the other has often been romanticized by some
advocates of multiculturalism and natural justice. In this volume, political theorists, philosophers and legal scholars critically engage with this idealization of Levinas' ethics. The authors show that his crucial formulation of the idea of 'the other in me' does not offer a quick cure for today's nationalist, racist and religious divides. Nor does his notion of anarchic responsibility provide immediate relief for the agony of dealing with matters of life and death. The rebelliousness of Levinas' thought is rediscovered here and used to challenge preconceptions of social, legal and individual responsibility.
Populism in politics and policy orientations in law have thrown the jurisdiction of the academy and the disciplines of interpretation into disarray. Critique flounders in abstraction and negativity, law loses itself in particularity. Administering Interpretation brings together philosophers, humanists, and jurists from both continental and Anglophone jurisdictions to reassess the status and trajectory of interpretative theory as applied in the art of law. Tracking the thread of philosophical influences upon the community of legal interpretation, the essays move from the translation and wake of Derrida to the work of Agamben, from deconstruction to oikononmia. Sharing roots in the philological excavation of the political theology of modern law, contributors assess the failure of secularism and the continuing theological borrowings of juridical interpretation. The book brings contemporary critique to bear upon the interpretative apparatuses of exclusion, the law of spectacular sovereignty, and the bodies that lie in its wake. Contributors: Giovanna Borradori, Marinos Diamantides, Allen Feldman, Stanley Fish, Pierre Legrand, Bernadette Meyler, Michel Rosenfeld, Bernhard Schlink, Jeanne Schroeder, Laurent de Sutter, Katrin Trüstedt, Marco Wan
This book provides a genealogical mapping of the universalisation/secularisation thesis that is both widely saluted and mistrusted as master narrative of modern political and normative history. While accepting that foundational issues of religions weigh heavier than political philosophy's aspirations, the authors question the outdated suggestions of Carl Schmitt's political theology, building instead upon a refined version of Giorgio Agamben's close-reading of Christian government as management. The book identifies Western-Christian tensions within jurisprudence and concludes that the West's secular universality is passing off as politics or law what is really the management of its own dwindling primacy.
Populism in politics and policy orientations in law have thrown the jurisdiction of the academy and the disciplines of interpretation into disarray. Critique flounders in abstraction and negativity, law loses itself in particularity. Administering Interpretation brings together philosophers, humanists, and jurists from both continental and Anglophone jurisdictions to reassess the status and trajectory of interpretative theory as applied in the art of law. Tracking the thread of philosophical influences upon the community of legal interpretation, the essays move from the translation and wake of Derrida to the work of Agamben, from deconstruction to oikononmia. Sharing roots in the philological excavation of the political theology of modern law, contributors assess the failure of secularism and the continuing theological borrowings of juridical interpretation. The book brings contemporary critique to bear upon the interpretative apparatuses of exclusion, the law of spectacular sovereignty, and the bodies that lie in its wake. Contributors: Giovanna Borradori, Marinos Diamantides, Allen Feldman, Stanley Fish, Pierre Legrand, Bernadette Meyler, Michel Rosenfeld, Bernhard Schlink, Jeanne Schroeder, Laurent de Sutter, Katrin Trustedt, Marco Wan
This book provides a genealogical mapping of the universalisation/secularisation thesis that is both widely saluted and mistrusted as master narrative of modern political and normative history. While accepting that foundational issues of religions weigh heavier than political philosophy's aspirations, the authors question the outdated suggestions of Carl Schmitt's political theology, building instead upon a refined version of Giorgio Agamben's close-reading of Christian government as management. The book identifies Western-Christian tensions within jurisprudence and concludes that the West's secular universality is passing off as politics or law what is really the management of its own dwindling primacy.
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