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Religious Liberty in Western and Islamic Law: Toward a World Legal Tradition, by Kristine Kalanges
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In Religious Liberty in Western and Islamic Law: Toward a World Legal Tradition, Kristine Kalanges argues that differences between Western and Islamic legal formulations of religious freedom are attributable, in substantial part, to variations in their respective religious and intellectual histories. Kalanges suggests that while divergence between the two bodies of law challenges the characterization of religious liberty as a universal human right, the "dilemma of religious freedom" - the difficult choice between the universality of religious liberty rights and peaceful co-existence of diverse legal cultures - may yet be transformed through the cultivation of a world legal tradition. This argument is advanced through comparative analysis of human rights instruments from the Western and Muslim worlds, with attention to the legal-political processes by which religious and philosophical ideas have been institutionalized.
- Sales Rank: #3553128 in eBooks
- Published on: 2012-04-04
- Released on: 2012-04-04
- Format: Kindle eBook
About the Author
Kristine Kalanges is Assistant Professor of Justice, Law & Society in the School of Public Affairs at American University. She holds a JD from Yale Law School, where she was a John M. Olin Fellow in Law, Economics and Public Policy, and a PhD from Georgetown University, where she was a Graduate Fellow in International Relations. Previously, she practiced law in the New York office of Cleary Gottlieb Steen & Hamilton LLP and served in Washington, DC as a law clerk for the U.S. Department of Justice.
Most helpful customer reviews
4 of 4 people found the following review helpful.
Legal and religious comparative analysis at its creative best while avoiding a polarizing methodology
By ammoup
The author demonstrates a profound and accurate knowledge of the historic, religious and cultural personages, contexts and developments which gave rise to both the Western and the Islamic legal traditions, particularly as such critical Sitz im Leben nudged each tradition first one way and then another. But, far from being a mere historical-cultural review, the author, rooted firmly in the tradition of eminent Catholic comparative scholarship, is not content merely to discuss "how we got here". Instead, building on a solid foundation of those scholars who came before her, she forges a new path forward not just to where we might go but where we must go as well as how to get there. As an attempt to construct a theoretical framework (first comes theory, then practice) of universal human rights in the context of the two major diverse and competing religious and legal traditions, this is a work that is not just interesting and impressive. It is at once both pedagogical and, I think, right-minded. It is historical, legal and religious comparative analysis at its creative best while avoiding a polarizing methodology! And it is clear that the author is on to something viable. The wise among us would do well to pay attention.
3 of 3 people found the following review helpful.
This is a wonderfully learned account for readers who want to get to ...
By criminy
This is a wonderfully learned account for readers who want to get to the root of conflict between western and Islamic conceptions of religious freedom. So many analyses out there skim the surface of religious difference, making for poor insights and weak policy recommendations. This one, however, plumbs the depth of legal differences, finds their roots in religious concepts, and then suggests paths forward. Fantastic work and we'll worth the read.
2 of 2 people found the following review helpful.
A telling success in carving out the foundations for a world legal tradition
By Ardent11
A deep, affecting, and intensely vital inquiry into the forces of militant secularism, religious freedom, and the necessary binding of a christian tradition within the context of international jurisprudence to assert religious and socio-political integration in a globalized world. Society should never face a reality in which one is obliged to commit allegiance to a state at the cost of faith, or vice versa. Kalanges' inquiry is a telling success in answering the question: how do we commit toward a legal framework structured to support the common good and inherent human rights in an age dominated by both secular and religious militantism?
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