The Rule of Law and the Rule of God
This book examines the competing regimes of law and religion an offers a multidisciplinary approach to demonstrate the global scope of their influence. It argues that the tension between these two institutions results from their disagreements about the ki
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The Rule of Law and the Rule of God Edited by
Simeon O. Ilesanmi, Win-Chiat Lee, and J. Wilson Parker
the rule of law and the rule of god Copyright © Simeon O. Ilesanmi, Win-Chiat Lee, and J. Wilson Parker Softcover f reprint off the hardcover 1st edition 2014 978-1-137-44775-3 All rights reserved.
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First published in 2014 by PALGRAVE MACMILLAN in the United States—a division of St. Martin’s Press LLC, 175 Fifth Avenue, New York, NY 10010. Where this book is distributed in the UK, Europe and the rest of the world, this is by Palgrave Macmillan, a division of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire RG21 6XS. Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world.
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Palgrave and Macmillan are registered trademarks in the United States, the United Kingdom, Europe and other countries.
ISBN 978-1-349-49631-0 ISBN 978-1-137-44776-0 (eBook) DOI 10.1057/9781137447760 Library of Congress Cataloging-in-Publication Data The rule of law and the rule of God / [edited by] Simeon O. Ilesanmi, Win-Chiat Lee, J. Wilson Parker. pages cm Includes bibliographical references and index. 1. Religion and law. I. Ilesanmi, Simeon O., 1963- editor. BL65.L33R85 2014 201’.7—dc23 2014012990 A catalogue record of the book is available from the British Library. Design by Amnet. First edition: October 2014 10 9 8 7 6 5 4 3 2 1
Contents
Acknowledgment The Rule of Law and the Rule of God: An Introduction Simeon O. Ilesanmi, Win-Chiat Lee, and J. Wilson Parker
vii 1
I
Fundamental Concerns
1
The Return of Political Theology Mark Lilla
15
2
Monotheistic Faith and the Cosmopolitan Conscience William Schweiker
31
II
Limits in the Construction and Application of Free Exercise and Establishment Doctrine
3
Grappling with Neutrality and Liberty under the Religion Clauses Frank S. Ravitch
4
5
A Unique Religious Exemption from Antidiscrimination Laws in the Case of Gays? Putting the Call for Exemptions for Those Who Discriminate against Married or Marrying Gays in Context Michael Kent Curtis Accommodation as Establishment: State Sponsorship of Religious Pilgrimages in Nigeria Simeon O. Ilesanmi
53
83
115
III The Challenge of Islam 6
Theocrats Living under Secular Law: An External Engagement with Islamic Legal Theory Andrew F. March
145
vi
Contents
7
The Just War Argument in Islam (Who’s Up? Who’s Down?) John Kelsay
8
Veiled Women in the American Courtroom: Is the Niqab a Barrier to Justice? Anita L. Allen
189
Terror(izing) the “Veil”: American Muslim Women Caught in the Crosshairs of Intersectionality Sahar F. Aziz
207
9
IV
Concluding Thoughts
10
Rules of Law and God: Liberal Democratic Reflections on Freedom, Equality, and Religion Richard B. Miller
173
235
Postscript: The “Arab Spring” of 2011 and Case of Lautsi and Others v. Italy J. Wilson Parker
253
List of Contributors
271
Bibliography
275
Index
281
Ackno
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