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Religion, Race, Rights

Landmarks in the History of Modern Anglo-American Law

Eve Darian-Smith

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English
Hart Publishing
20 May 2010
The book highlights the interconnections between three framing concepts in the development of modern western law: religion, race, and rights. The author challenges the assumption that law is an objective, rational and secular enterprise by showing that the rule of law is historically grounded and linked to the particularities of Christian morality, the forces of capitalism dependent upon exploitation of minorities, and specific conceptions of individualism that surfaced with the Reformation in the sixteenth century and rapidly developed in the Enlightenment in the seventeenth and eighteenth centuries. Drawing upon landmark legal decisions and historical events, the book emphasises that justice is not blind because our concept of justice changes over time and is linked to economic power, social values, and moral sensibilities that are neither universal nor apolitical. Highlighting the historical interconnections between religion, race and rights aids our understanding of contemporary socio-legal issues. In the twenty-first century, the economic might of the USA and the west often leads to a myopic vision of law and a belief in its universal application. This ignores the cultural specificity of western legal concepts, and prevents us from appreciating that, analogous to previous colonial periods, in a global political economy Anglo-American law is not always transportable, transferable, or translatable across political landscapes and religious communities.
By:  
Imprint:   Hart Publishing
Country of Publication:   United Kingdom
Dimensions:   Height: 234mm,  Width: 156mm,  Spine: 17mm
Weight:   324g
ISBN:   9781841137292
ISBN 10:   1841137294
Pages:   332
Publication Date:  
Audience:   Professional and scholarly ,  Undergraduate
Format:   Paperback
Publisher's Status:   Active
Introduction: Connecting Religion, Race and Rights I: Moving toward Separation of Church and State Chapter 1: Martin Luther and the Challenge to the Catholic Church (1517) Religion: Protest and Reform Race: The Infidel Turk Rights: Demanding Secular Law Conclusion Chapter 2: Executing the King: The Trial of Charles I (1649) Religion: Protestant and Catholic Violence Race: Religious Intolerance and Legalizing Racism Rights: Defining the Rights of King, Parliament and Subject Conclusion Chapter 3: Revolution and Thomas Paine's Rights of Man (1791) Religion: The Age of Reason and the Challenge of Science Race: Questioning Slavery and Discrimination Rights: Law's Coming of Age in Rights of Man Conclusion II: Capitalism, Colonialism and Nationalism Chapter 4: Sugar, Slaves, Rebellion, Murder (1865) Religion: The 'Divine Institution' of Slavery Race: Scientific Racism Rights: Empire's Right to Massacre Conclusion Chapter 5: Demanding the Eight-Hour Workday (1886) Religion: Law as Faith Race: Racializing Labor 161 Rights: Workers versus Laissez-Faire Capitalism Conclusion Chapter 6: Civilizing Native Americans—The Dawes Act (1887) Religion: Missionaries and Heathens Race: Determining the Race Within Rights: Limiting Native Sovereignty Conclusion III: Religion, Race and Rights in a Global Era Chapter 7: Nuremberg's Legacy (1945–49) Religion: Confronting Religious Pluralism Race: Rethinking Race Rights: Implementing Human Rights Conclusion Chapter 8: Democracy, Neoliberalism, and the New Crusades Religion: Exploiting God Race: 'Saving Brown Women' Rights: The Challenges of Neoliberalism Conclusion Conclusion: The Resurgence of Faith

Eve Darian-Smith is Professor of Global & International Studies at the University of California Santa Barbara, USA, and the author of Bridging Divides: The Channel Tunnel and English Legal Identity in the New Europe (Winner of the Law and Society Association Herbert Jacob Book Prize).

Reviews for Religion, Race, Rights: Landmarks in the History of Modern Anglo-American Law

'Little torques public policy in modern America quite like race, rights, and religion. The mix is explosive, fodder for shock-jocks of all political stripes. Few however appreciate the historical forces that gave shape to contemporary culture wars. Fewer still perceive that vehemently opposed positions share common roots in the religious history of Europe and its cultural offspring. Brilliantly and concisely canvassing five hundred years of the history of the west, Darian-Smith accounts for the lineage of complex ideas that inform contemporary America. She does so with clarity, insight, and sensitivity. This outstanding work is essential reading for those who would understand our shared present.' W. Wesley Pue, Professor of Law and Nathan Nemetz Professor of Legal History, University of British Columbia 'Darian-Smith's new book is an example of what is most exciting about new scholarship in the humanities. It works across disciplinary and methodological boundaries in its attempt to deal with one of our most pressing current social problems - determining the consequences of the sometimes violent interaction of race, religion and law in times of social crisis. Darian-Smith explodes the myth of secularism in modern society, and the illusion of post-racialism, in her unblinking analysis of present dilemmas. Once you read this book you will never again think that the western concept of individual rights is sufficient to resolve the contradictions of modern existence. This is a genuinely important step forward in western scholarship.' Stanley Katz, President Emeritus of the American Council of Learned Societies and Professor, Woodrow Wilson School, Princeton University. 'Eve Darian-Smith takes us on an amazing journey covering four centuries that brilliantly illuminates the continuously evolving interplay of law, religion, and race in the Anglo-American experience. This wonderfully readable book is imaginatively organized around a series of eight landmark 'law moments' that ingeniously show how legal rights are always being subtly shaped by culturally prevailing ideas about religion and race, a process that still goes on in our supposedly 21st century secular world that claims to be free of racism.' Richard Falk, Albert G. Milbank Professor of International Law Emeritus, Princeton University. 'In this volume, Eve Darian-Smith offers a passionate, wide- ranging analysis of the complex, historically-vexed relations among religion, race, and rights over the past four plus centuries. The book begins, in 1517, with Martin Luther and ends, at the dawn of the new century, with the discriminatory labor practices of Walmart, the recent crusades of George Bush and his theocons, and the resurgence of religious faith. By way of a well-chosen sequence of 'legal landmarks' - each an historical drama in its own right, each a piece of theater in which judicial processes take center stage - Darian-Smith develops a compelling, complex critique of the law, of its inherent ambiguities, its violence, its possibilities. And its historical entailment in political, economic, social and ethical forces well beyond itself, forces that, repeatedly, have opened up a yawning gap between its ideological (self-)representation and the realities of its everyday practice. This is an ambitious work of scholarship, one which, by virtue of brush strokes at once deft and broad, challenges us to understand the legal underpinnings of our world in new ways.' John Comaroff, University of Chicago.


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