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The Rule of Law and the Rule of God examines the competing regimes of law and religion, using the concept of rule to illustrate the patterns of their interactions, and a multidisciplinary approach to demonstrate the global scope of their influence. It argues that the tension that often characterizes the relationship between these two cultural institutions results from their disagreements about the kinds of rule that should govern human life and society, and from where they should be derived. By combining theoretical analyses with tradition-specific and regional case studies, the book aims to advance our understanding of how the rule of law and the rule of religion should properly relate to each other, not only in a general way, but also in the context of addressing conflicts that may arise from their inevitable interaction. In addition to legal academics, the humanities scholars and students as well as the general public, will benefit from this book.
Simeon O. Ilesanmi is the Washington M. Wingate Professor of Religion at Wake Forest University, USA. A former Laurance S. Rockefeller Visiting Fellow at Princeton University, he is the author of Religious Pluralism and the Nigerian State (1997), and has published extensively on human rights, ethics of war, and religion and law.
Win-chiat Lee is Professor of Philosophy and Chair of the Philosophy Department at Wake Forest University, USA. His published work is mostly on legal and political philosophy, including global justice and the philosophy of international criminal law. His most recent article, 'The Judgeship of All Citizens: Dworkin's Protestantism about Law,' appears in Law and Philosophy.
J. Wilson Parker is a Professor of Law at the Wake Forest University School of Law, USA. His scholarship and teaching focuses on Constitutional Law, Comparative Constitutional Law, and the History of the United States Supreme Court. He is a primary author, with Michael Kent Curtis, of Constitutional Law In Context (3rd ed., 2011).
Table of Contents
Acknowledgment Introduction; Simeon O. Ilesanmi, Win-Chiat Lee and J. Wilson Parker PART I: FUNDAMENTAL CONCERNS 1. The Return of Political Theology; Mark Lilla 2. Monotheistic Faith and the Cosmopolitan Conscience; William Schweiker PART II: LIMITS IN THE CONSTRUCTION AND APPLICATION OF FREE EXERCISE AND ESTABLISHMENT DOCTRINE 3. Religion, Neutrality, and Liberty: Epistemology and Judicial Interpretation; Frank Ravitch 4. A Unique Religious Exemption from Anti-discrimination 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 5. Accommodation as Establishment: State Sponsorship of Religious Pilgrimages in Nigeria; Simeon O. Ilesanmi PART III: THE CHALLENGE OF ISLAM 6. Theocrats Living Under Secular Law: An Engagement with Islamic Legal Theory; Andrew March 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 9. Terror(izing) the 'Veil': American Muslim Women Caught in the Crosshairs of Intersectionality; Sahar F. Aziz Concluding Thoughts 10. Rules of Law and God: Liberal Democratic Reflections on Freedom, Equality, and Religion; Richard B. Miller Postscript: The 'Arab Spring' of 2011 and Case of Lautsi and Others v. Italy; J. Wilson Parker