Slandering the Sacred


Book Description

"Although blasphemy is as old as religion itself, its history has begun a new chapter in recent years. Slanders of the sacred are everywhere, as in the highly visible Charlie Hebdo case, with "religion" sometimes appearing as little more than a membrane for giving and receiving offense. Where some explain the contemporary preoccupation with blasphemy by pointing to the interconnectedness of twenty-first-century media, J. Barton Scott argues that we need to look deeper into the past at the colonial-era infrastructures that continue to shape our globalized world. Slandering the Sacred examines one such powerful and widely influential legal infrastructure: Section 295A of the Indian Penal Code. What would it look like to take Section 295A as a text in, of, and for religion-a connective tissue interlinking multiple religious worlds? To answer this question, Scott explores the cultural, intellectual, and legal pre-history of this law, moving between colonial India and imperial Britain as well as between secular law and modern religion. Section 295A reveals a set of problems with no easy solution. It places a chill on free speech, extends the power of the state over civil society, and exacerbates the culture of religious controversy that it was designed to fix. The legislators who enacted the law foresaw the damage it could do and they enacted it anyway, as a half-despairing measure to curb injurious speech. Their problems are still our problems. The twenty-first century has compounded modernity's free-speech headache. Section 295A opens a useful window onto these problems precisely because it is a problem, too. Its history is a tale about the afterlives of the holy dead, the legal definition of the anglophone category "religion," and the transmissibility of outrage as bureaucratized affect"--




Spiritual Despots


Book Description

Spiritual Despots by historian of religion J. Barton Scott zeroes in on the quaint term "priestcraft" to track anticlerical polemics in Britain and South Asia during the colonial period. Scott's aim is to show how anticlerical rhetoric spread through the colonies alongside ideas about modern secular subjectivity. Through close readings of texts in English, Hindi, and Gujarati, he shows in compelling detail how the critique of priestly conspiracy gave rise to a new ideal of the self-disciplining subject and a vision of modern Hinduism that was based on unmediated personal experience and self-regulation rather than priestly tutelary power. Spiritual Despots offers a new perspective on what some scholars have called "Protestant Hinduism," and, more broadly, contributes to the emerging field of "post-secular" studies by shedding light on the colonial genealogy of secular subjectivity.




Negotiating the Sacred II


Book Description

Blasphemy and other forms of blatant disrespect to religious beliefs have the capacity to create significant civil and even international unrest. Consequently, the sacrosanctity of religious dogmas and beliefs, stringent laws of repression and codes of moral and ethical propriety have compelled artists to live and create with occupational hazards like uncertain audience response, self-censorship and accusations of deliberate misinterpretation of cultural production looming over their heads. Yet, in recent years, issues surrounding the rights of minority cultures to recognition and respect have raised new questions about the contemporariness of the construct of blasphemy and sacrilege. Controversies over the aesthetic representation of the sacred, the exhibition of the sacred as art, and the public display of sacrilegious or blasphemous works have given rise to heated debates and have invited us to reflect on binaries like artistic and religious sensibilities, tolerance and philistinism, the sacred and the profane, deification and vilification. Endeavouring to move beyond 'simplistic' points about the rights to freedom of expression and sacrosanctity, this collection explores how differences between conceptions of the sacred can be negotiated. It recognises that blasphemy may be justified as a form of political criticism, as well as a sincere expression of spirituality. But it also recognises that within a pluralistic society, blasphemy in the arts can do an enormous amount of harm, as it may also impair relations within and between societies. This collection evolved out a two-day conference called 'Negotiating the Sacred: Blasphemy and Sacrilege in the Arts' held at the Centre for Cross Cultural Research at The Australian National University in November 2005. This is the second volume in a series of five conferences and edited collections on the theme 'Negotiating the Sacred'. The first conference, 'Negotiating the Sacred: Blasphemy and Sacrilege in a Multicultural Society' was held at The Australian National University's Centre for Cross-Cultural Research in 2004, and published as an edited collection by ANU E Press in 2006. Other conferences in the series have included Religion, Medicine and the Body (ANU, 2006), Tolerance, Education and the Curriculum (ANU, 2007), and Governing the Family (Monash University, 2008). Together, the series represents a major contribution to ongoing debates on the political demands arising from religious pluralism in multicultural societies.




Slandering the Jew


Book Description

As Christian leaders in the first through fifth centuries embraced ascetic interpretations of the Bible and practices of sexual renunciation, sexual slander—such as the accusations Paul leveled against wayward Gentiles in the New Testament—played a pivotal role in the formation of early Christian identity. In particular, the imagined construct of the lascivious, literal-minded Jew served as a convenient foil to the chaste Christian ideal. Susanna Drake examines representations of Jewish sexuality in early Christian writings that use accusations of carnality, fleshliness, bestiality, and licentiousness as strategies to differentiate the "spiritual" Christian from the "carnal" Jew. Church fathers such as Justin Martyr, Hippolytus of Rome, Origen of Alexandria, and John Chrysostom portrayed Jewish men variously as dangerously hypersexual, at times literally seducing virtuous Christians into heresy, or as weak and effeminate, unable to control bodily impulses or govern their wives. As Drake shows, these carnal caricatures served not only to emphasize religious difference between Christians and Jews but also to justify increased legal constraints and violent acts against Jews as the interests of Christian leaders began to dovetail with the interests of the empire. Placing Christian representations of Jews at the root of the destruction of synagogues and mobbing of Jewish communities in the late fourth and early fifth centuries, Slandering the Jew casts new light on the intersections of sexuality, violence, representation, and religious identity.




Second-Best Justice


Book Description

It’s long been known that Japanese file fewer lawsuits per capita than Americans do. Yet explanations for the difference have tended to be partial and unconvincing, ranging from circular arguments about Japanese culture to suggestions that the slow-moving Japanese court system acts as a deterrent. With Second-Best Justice, J. Mark Ramseyer offers a more compelling, better-grounded explanation: the low rate of lawsuits in Japan results not from distrust of a dysfunctional system but from trust in a system that works—that sorts and resolves disputes in such an overwhelmingly predictable pattern that opposing parties rarely find it worthwhile to push their dispute to trial. Using evidence from tort claims across many domains, Ramseyer reveals a court system designed not to find perfect justice, but to “make do”—to adopt strategies that are mostly right and that thereby resolve disputes quickly and economically. An eye-opening study of comparative law, Second-Best Justice will force a wholesale rethinking of the differences among alternative legal systems and their broader consequences for social welfare.




Blasphemy and Freedom of Expression


Book Description

This book details the legal ramifications of existing anti-blasphemy laws and debates the legitimacy of such laws in Western liberal democracies.




Faking Liberties


Book Description

Religious freedom is a founding tenet of the United States, and it has frequently been used to justify policies towards other nations. Such was the case in 1945 when Americans occupied Japan following World War II. Though the Japanese constitution had guaranteed freedom of religion since 1889, the United States declared that protection faulty, and when the occupation ended in 1952, they claimed to have successfully replaced it with “real” religious freedom. Through a fresh analysis of pre-war Japanese law, Jolyon Baraka Thomas demonstrates that the occupiers’ triumphant narrative obscured salient Japanese political debates about religious freedom. Indeed, Thomas reveals that American occupiers also vehemently disagreed about the topic. By reconstructing these vibrant debates, Faking Liberties unsettles any notion of American authorship and imposition of religious freedom. Instead, Thomas shows that, during the Occupation, a dialogue about freedom of religion ensued that constructed a new global set of political norms that continue to form policies today.




The Popol Vuh


Book Description




Polluting the Sacred


Book Description

The influence of Christianity on 'the history of violence' is often exemplified by famous instances of interfaith conflict, like 'The Crusades'. However, as religions develop, they usually marginalize violence against fellow believers long before they ever, if at all, question violence against 'others'. Through an investigation of spiritual and legal sources, this book details how Christian teachings about charity, sin and purity problematized late medieval parishioners' use of violence, and how parishioners actually tried to reconcile these teachings with cultural norms that often honored violent conduct. By illuminating the impact of lessons concerning the sinfulness of violence and piety of self-restraint, this book provides a fresh perspective on the important role of religion in the 'civilizing process' of European history.




Imagining the Public in Modern South Asia


Book Description

In South Asia, as elsewhere, the category of ‘the public’ has come under increased scholarly and popular scrutiny in recent years. To better understand this current conjuncture, we need a fuller understanding of the specifically South Asian history of the term. To that end, this book surveys the modern Indian ‘public’ across multiple historical contexts and sites, with contributions from leading scholars of South Asia in anthropology, history, literary studies and religious studies. As a whole, this volume highlights the complex genealogies of the public in the Indian subcontinent during the colonial and postcolonial eras, showing in particular how British notions of ‘the public’ intersected with South Asian forms of publicity. Two principal methods or approaches—the genealogical and the typological—have characterised this scholarship. This book suggests, more in the mode of genealogy, that the category of the public has been closely linked to the sub-continental history of political liberalism. Also discussed is how the studies collected in this volume challenge some of liberalism’s key presuppositions about the public and its relationship to law and religion.