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- Volume 6, Issue 1, 2018
Journal of Law, Religion and State - Volume 6, Issue 1, 2018
Volume 6, Issue 1, 2018
- Articles
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The Cultural Impact of Islamic Mass Immigration on the Italian Legal System
More LessAuthor: E. FallettiAlthough Italy is a country with a strong tradition of emigration, only in the last twenty- five years have Italians had to face new and pressing social, juridical and cultural problems related to a surge in immigration. The majority of immigrants during this period have been from areas steeped in with a Muslim majority such as Northern and Central Africa and the Middle East. The cultural encounter between the Italian Catholic tradition and the newcomers’ faith and customs has been very pronounced, and often problematic.
The aim of this paper is to investigate the most relevant issues that arise from the interface between the cultural and legal aspects of Islamic culture pertaining to immigrants living in Italy with the Italian legal system. The areas considered are related to self-determination, personal integrity and family law, and were selected for their relevance to analyzing the impact of cultural differences on public policies and social behavior. The methodology used draws from both a comparative and a multidisciplinary approach.
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God Who Curses is Cursed
More LessAuthor: Ibrahim S. BitrusUsing historical critical methods of interpretation, many Western and African scholars have dismissed the use of imprecation in Africa as an incantatory, uncritical, and above all, unwholesome Christian practice. But using an Afrocentric method of interpretation, I argue that African Christians’ use of imprecation is a legitimate Christian prayer that is consistent with God’s character of retributive justice, regardless of its unwholesomeness. For many African Christians, to imprecate is to participate in the ongoing and eschatological reality of God’s holy indignation, and judgment against systemic forces of oppression, injustice, and impunity perpetrated by the powers of the enemy.
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Political Theology between Reason and Will
More LessAuthor: Richard AmesburyContemporary practitioners of political theology make use of Carl Schmitt’s account of sovereignty to criticize liberal political theory. But whereas Schmitt focused on “states of exception,” the new decisionism holds that decision-making is a quotidian feature of jurisprudence: the interpretation of law depends upon judicial decisions that serve to impose meaning on otherwise semantically indeterminate norms. Ironically, it is possible to detect in the contemporary decisionist critique of liberal theory, with its focus on law’s meaning, a liberalizing tendency: by insisting on the ubiquity of decision-making, the exception is made to seem unexceptional. In this way, Schmitt is tamed, and sovereignty is diffused into the mundane world of administrative governance. I want to resist this normalizing account on philosophical grounds: if one is to appreciate the exceptional character of the decision, it is important to retain some background of regularity with which it can be contrasted.
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Dancing at Both Weddings
More LessAuthor: Jan FeldmanA new feminist movement is on the rise in Israel. It is led by haredi (ultra-Orthodox) women, usually known for their silent acquiescence to the rabbinate. They are not looking to create a revolution, but their activism may have implications not only for women, but for Israel in general. Based on interviews with haredi activists, Knesset (Parliament) members, secular and religious women heads of ngos, and academics, we contend that political activism, especially for haredi women with little education, experience, and resources, is not ironic, but rather, an appropriate vehicle for advancing their agenda. Other avenues of activity are closed for haredi women. Politics, which is assimilated into the category of “secular” activities, is likely to generate less opposition from their community. Haredi women and the state of Israel are trying to dance at two different weddings: at one, the tune being played is that of women’s rights and democracy; at the other, it is Jewish law, with its religious patriarchy.
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