Download After Secular Law (The Cultural Lives of Law) by Winnifred Fallers Sullivan, Robert A. Yelle, Mateo PDF

By Winnifred Fallers Sullivan, Robert A. Yelle, Mateo Taussig-Rubbo

Many this day position nice wish in legislation as a motor vehicle for the transformation of society and settle for that legislations is self sustaining, common, and notably, secular. but contemporary scholarship has referred to as into query the simplistic narrative of a separation among legislation and faith and blurred the bounds among those different types, allowing new money owed in their relation that don't unavoidably both cave in them jointly or go back legislation to a non secular foundation.This paintings supplies unique cognizance to the secularism of legislation, exploring how legislations grew to become secular, the phenomenology of the felony secular, and the demanding situations that lingering spiritual formations and different features of globalization pose for contemporary law's self-understanding. Bringing jointly students with various views and orientations, it offers a deeper knowing of the interconnections among legislations and faith and the unforeseen histories and anthropologies of felony secularism in a globalizing modernity.

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For an overview of contemporary discussions of political theology, see Hent de Vries, “Introduction: Before, Around, and Beyond the Theologico-Political,” in Political Theologies: Public Religions in a Post-Secular World, ed. Hent de Vries and Lawrence Sullivan (New York: Fordham University Press, ), –. . For a classic account of this hope, see Thomas Jefferson’s Virginia Statute for Religious Freedom. . See Gil Anidjar, “Secularism,” Critical Inquiry  (): –; see also the essay by Yelle, this volume.

Immanuel Kant, What Is Enlightenment? html (accessed //). . Mark Lilla, The Stillborn God (New York: Knopf, ). . Lilla here is clearly invoking Carl Schmitt. See Schmitt, Political Theology: Four Chapters on the Concept of Sovereignty, trans. George Schwab (Chicago: University of Chicago Press, ). . Eric Nelson, The Hebrew Republic: Jewish Sources and the Transformation of European Political Thought (Cambridge: Harvard University Press, ), , , also refers specifically to Lilla’s account of the “Great Separation” as a form of a common and “serious misconception” concerning the rise of toleration.

These developments exhibit two related characteristics of secularization: both the repudiation of ritual and the privatization of religion. The reservation of religion to the space of the home, if not the individual conscience, coordinated with the rejection of a definition of tradition in terms of performance, or orthopraxy, such as we find in the Hindu texts. The privatization of religion in this case created the space for a “secular” law. However, this privatization was itself the result of a redefinition of religion in accordance with understandings drawn, in part, from Protestant Christianity.

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