DOCSLIB.ORG

A Foundational Approach to Faith-Based Legal Exceptionalism

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

PEACE, ORDER & GOOD GOVERNMENT: A FOUNDATIONAL APPROACH TO FAITH-BASED LEGAL EXCEPTIONALISM IN ENGLAND, CANADA & THE UNITED STATES by TAMARA R. REID-MCINTOSH A thesis submitted to the University of Birmingham for the degree of DOCTOR OF PHILOSOPHY Department of International & Comparative Law College of Arts and Law Birmingham Law School University of Birmingham January 2020 University of Birmingham Research Archive e-theses repository This unpublished thesis/dissertation is copyright of the author and/or third parties. The intellectual property rights of the author or third parties in respect of this work are as defined by The Copyright Designs and Patents Act 1988 or as modified by any successor legislation. Any use made of information contained in this thesis/dissertation must be in accordance with that legislation and must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the permission of the copyright holder. ABSTRACT This study analyzes the connection between the Peace, Order & Good Government doctrine (‘POGG’) and responses to requests for faith-based legal exceptionalism in England, Canada, and the United States. By assessing certain aspects of the three nations’ imperial/colonial heritage, the study demonstrates that POGG acts as the catalyst for their disparate approaches to constitutionalism (i.e., church-state arrangements). The connection is significant since the concept of multiculturalism has seemingly become the basis for justifying extraordinary accommodation requests that include not only non- democratic political ideologies but also constitutionally-challenging religious choice of law preferences. The prevalence of requests for accommodation has been more recently linked to migrants from nations where religion and government are inextricably bound. As such, this study demonstrates the imprudence of relying on multiculturalism when responding to constitutional inquiries that necessitate a return to foundational principles. By revisiting more recent requests for Islamic law exceptionalism, this study assesses POGG’s foundational connection to the national rejoinders of England and Canada. This study then advocates for the United States to return to foundational principles to frame a prudent rejoinder to similar requests, which will likely prevent an unprecedented enlargement of the 1st Amendment to the U.S. Constitution. [ii] DEDICATION I dedicate this project to Him! “Lord, turn my heart and my mind toward You and toward the role You have chosen for me to live out. Help me to put Your will and Your purpose ahead of my own. I humbly bow before You and ask for Your direction and guidance, as well as Your courage to live out the calling I’ve been given ‘for such a time as this’. In Your Son’s Mighty Name I Pray, Amen.”1 1 Tony Evans, ‘Devotional: For Such a Time as This’ (Proverbs 31 Ministries, 2019) <https://www.proverbs31.org/read/devotions/full-post/2019/01/14/for-such-a-time-as-this>. [iii] ACKNOWLEDGMENTS I am profoundly thankful to my Family for understanding why I wanted to take this leap of faith and relocate to England to attempt a PhD. Nothing compares to their Support. Knowing that You wanted this for me as much as I wanted it…made all the difference. I thank my Mom for being my Best Friend on this journey; I am so proud to be her Daughter. You became more tech savvy in order to keep the lines of communication open and literally wore two watches to remain abreast of the time difference to support my research and writing schedule. Mom—I love you to the Moon and Back! Likewise, I could not have finished this without the support and prayers of my family in Christ: they are Home…and there’s no place like Home. I am also profoundly indebted to my two Mentors, Prof. Jackson and Prof. Walters. Both consistently answered, not only the questions I knew to ask, but also the ones I did not. That’s called exceptional mentoring: ‘Iron sharpens Iron’. I don’t know what I did to deserve either of You, but I am eternally grateful. And to ‘My People’...and You know who You are…your Love, Support, and unwavering Friendship is absolutely Everything. Lastly, I am so appreciative of the opportunity provided by the University of Birmingham Law School to see my research project to fruition. It has been an absolute Honor to hash, rehash, revise, and finalize this project under the critical eye of Dr. Hakeem Yusuf. His extensive work in the area of ‘Peace, Order and Good Government’ laid the foundation for substantiating discernible colonial and post-colonial connections between POGG and the constitutional perspectives in England, Canada, and the United States. I could not have asked for more in the way of responsiveness, forthrightness, and guidance. I do not believe in chance…only Divine providence. Therefore, I have no doubt that Dr. Yusuf’s role as my primary supervisor was a prayer answered to compel me to be the best version of myself and rise to the challenge of completing this study. For that, You have my deepest gratitude…this entire experience has been ‘the bee's knees’! [iv] TABLE OF CONTENTS Introduction ......................................................................................................................... 01 Chapter 1: Methodology: Relevant Concepts & Theories .................................................. 04 1.1 Muslim Immigration & Islamic Law in the Post-9/11 Context .......................................... 06 1.2 Distinguishing between Islamic Law Exceptionalism & Multiculturalism ......................... 07 1.3 Contextualizing the Question of Islamic Law Exceptionalism ........................................... 12 1.4 The Imperativeness of Constitutionalism in an Era of Human Rights Debate ................. 16 1.5 Differentiating Constitutionalism in England, Canada & the United States ..................... 20 1.6 Contextualizing the Concept of Peace, Order & Good Government ................................. 24 1.7 Distinguishing ‘Originalism’ & its Connection to Foundational History ............................ 27 1.8 A Theoretical Framework for Evaluating Religious Plurality & Secularism ....................... 32 Chapter 2: The Conception of POGG: England’s Established Church Regime ................... 37 2.1 ‘The Mea Culpa’: Obligatory Accommodation of Faith-Based Legal Exceptionalism? ..... 37 2.2 The King’s Peace & the Genesis of the POGG Doctrine .................................................... 45 2.3 The ‘Henrician’ Reformation: Framing England’s Approach to Establishment ................ 52 2.4 The Crown & the Anglican Church in ‘Post-Christian’ England ......................................... 56 2.5 A Theory on the Illusion of Religious Equilibrium in England ............................................ 60 2.6 The Islamic Law Inquiry & Recurring Imperial Commitments ........................................... 68 2.7 The Socio-Legal Consequences of Attempting to Regulate Exceptionalism .................... 71 2.8 Conclusion ............................................................................................................................ 75 Chapter 3: The Rejection of POGG: America’s Approach to Disestablishment .................. 77 3.1 Mainland Britain: Foreshadowing the Effects of POGG in North America ........................ 77 3.2 POGG in British-America: The Impetus for Disestablishment in the U.S. ......................... 83 3.3 The Principal Imperative: Religiosity Clauses in American Colonial Charters .................. 87 3.3.1 The Colony of Massachusetts—A Sign of Divine Consent? ...................................... 92 3.3.2 Safe Haven Colonies—Maryland & Connecticut ....................................................... 94 3.3.3 A Charter Notwithstanding!—The Duke of York’s Land Grant ................................. 96 3.3.4 The Last British-American Colony—Georgia’s Latent Religiosity Clause ................. 97 3.4 The Political & Legal Imperatives: ‘Civil Order’ and ‘Settled & Quiet Government’ ....... 102 3.4.1 The Colony of Virginia—Colonial America’s Bastion of POGG? .............................. 105 3.4.2 The Colony of New Jersey—A Bumper-Crop of Constituting Documents .............. 110 3.5 The Rejection of POGG for ‘Life, Liberty & the Pursuit of Happiness’ ............................ 120 3.6 Conclusion .......................................................................................................................... 123 Chapter 4: The Bastion of POGG: Canada’s Approach to Disestablishment .................. 125 4.1 When Freedom Finally Rings: Proclaiming Disestablishment in Canada ....................... 126 4.2 British-Canadian Compliance & Embracing the POGG Doctrine ..................................... 129 4.3 ‘Le Pays des Canadas’: Substitution of Colonizers & Enforcement of Belief................. 133 4.4 The Canadian Colonial Paradigm: Conquest under the 1763 Treaty of Paris ............... 137 4.4.1 Nova Scotian Expulsion—The First Iteration of POGG in British-Canada .............. 139 4.4.2 Treaty of 1763—Not a Game-Changer for the Quebecois ..................................... 141 4.4.3 The Quebec Act of 1774—The Carrot/Stick Stratagem? ...................................... 142 4.4.4 The Prospect of Canadian Independence & the Practicality of Aid....................... 148 [v] TABLE OF CONTENTS (CONT’D) 4.5 POGG versus LLPH: The Importance of Remaining British ............................................. 153 4.6 The Antithesis to The King’s Peace: Canada’s
Recommended publications
  • Contracting Into Religious Law: Anti-Sharia Enactments and the Establishment and Free Exercise Clauses

    Contracting Into Religious Law: Anti-Sharia Enactments and the Establishment and Free Exercise Clauses

    2013] 937 CONTRACTING INTO RELIGIOUS LAW: ANTI-SHARIA ENACTMENTS AND THE ESTABLISHMENT AND FREE EXERCISE CLAUSES Muhammad Elsayed INTRODUCTION Muneer Awad, an American Muslim resident of Oklahoma, wrote his last will and testament.1 However, unlike the wills of most Americans, his might not be probated by the courts of Oklahoma because it is based on his Muslim faith.2 Under Oklahoma’s “Save Our State Amendment,”3 state courts are prohibited from considering the legal precepts of foreign nations or religions.4 This amendment, which was overwhelmingly approved by voters in 2010,5 is part of a recent wave of anti-Sharia enactments6 targeting foreign and religious laws, many of which particularly target Islamic law (Sharia).7 While these enactments have yet to receive much judicial scrutiny be- cause of their novelty,8 they have created a firestorm of public controversy George Mason University School of Law, J.D. Candidate, May 2013; George Mason Universi- ty, B.S., Administration of Justice, May 2010. I would like to thank Professor Neomi Rao and Professor Laura Walker for helping me to write this Comment. 1 Abdus Sattar Ghazali, Federal Court Deals Blow to “Anti-Muslim” Bigots, AM. MUSLIM PERSP. (JAN. 11, 2012), http://www.amperspective.com/?page_id=2256. 2 Awad v. Ziriax, 754 F. Supp. 2d 1298, 1304,1308 (W.D. Okla. 2010) (granting preliminary injunction on the certification of Oklahoma’s referendum results that would bar courts from considering Sharia law), aff’d, 670 F.3d 1111 (10th Cir. 2012). 3 H.R.J. Res. 1056, 52d Leg., 2d Reg.
  • Jedi Perspectives W. Changes.Pages

    Jedi Perspectives W. Changes.Pages

    PRISM - Jedi Perspectives The many colours of the Jedi perspective Edited by Edan June 2016 Introduction .........................................................1 From the Editor ...................................................2 Peace ....................................................................3 Wisdom ................................................................6 Guardianship .......................................................9 Fear ....................................................................12 Jediism ...............................................................15 Justice ................................................................19 Teaching ............................................................22 The Force ...........................................................26 Service ................................................................32 Love ....................................................................36 Focus.................................................................. 40 Courage ..............................................................44 Training .............................................................48 Practice ..............................................................52 Patience ..............................................................55 Notes and references .........................................58 Introduction This book is a collection of views contributed by members from The Temple of the Jedi Order. In order that you, the reader, may absorb and reflect
  • University of Oklahoma Libraries Western History Collections Ralph

    University of Oklahoma Libraries Western History Collections Ralph

    University of Oklahoma Libraries Western History Collections Ralph H. Records Collection Records, Ralph Hayden. Papers, 1871–1968. 2 feet. Professor. Magazine and journal articles (1946–1968) regarding historiography, along with a typewritten manuscript (1871–1899) by L. S. Records, entitled “The Recollections of a Cowboy of the Seventies and Eighties,” regarding the lives of cowboys and ranchers in frontier-era Kansas and in the Cherokee Strip of Oklahoma Territory, including a detailed account of Records’s participation in the land run of 1893. ___________________ Box 1 Folder 1: Beyond The American Revolutionary War, articles and excerpts from the following: Wilbur C. Abbott, Charles Francis Adams, Randolph Greenfields Adams, Charles M. Andrews, T. Jefferson Coolidge, Jr., Thomas Anburey, Clarence Walroth Alvord, C.E. Ayres, Robert E. Brown, Fred C. Bruhns, Charles A. Beard and Mary R. Beard, Benjamin Franklin, Carl Lotus Belcher, Henry Belcher, Adolph B. Benson, S.L. Blake, Charles Knowles Bolton, Catherine Drinker Bowen, Julian P. Boyd, Carl and Jessica Bridenbaugh, Sanborn C. Brown, William Hand Browne, Jane Bryce, Edmund C. Burnett, Alice M. Baldwin, Viola F. Barnes, Jacques Barzun, Carl Lotus Becker, Ruth Benedict, Charles Borgeaud, Crane Brinton, Roger Butterfield, Edwin L. Bynner, Carl Bridenbaugh Folder 2: Douglas Campbell, A.F. Pollard, G.G. Coulton, Clarence Edwin Carter, Harry J. Armen and Rexford G. Tugwell, Edward S. Corwin, R. Coupland, Earl of Cromer, Harr Alonzo Cushing, Marquis De Shastelluz, Zechariah Chafee, Jr. Mellen Chamberlain, Dora Mae Clark, Felix S. Cohen, Verner W. Crane, Thomas Carlyle, Thomas Cromwell, Arthur yon Cross, Nellis M. Crouso, Russell Davenport Wallace Evan Daview, Katherine B.
  • Jediism in Second Life Helen Farley Under a Pink Sky

    Jediism in Second Life Helen Farley Under a Pink Sky

    Virtual Knights and Synthetic Worlds: Jediism in Second Life Helen Farley Under a pink sky dominated by the giant red planet Yavin, a seeker, head bowed, climbs the steep stairs to the great stone temple. He walks to the front, falling to one knee before the Jedi Master. No words are exchanged but in those moments the seeker pledges to begin the long journey from Padawan to Jedi Knight (see Lukas 2015). This is not a scene from one of the Star Wars movies, this is a ritual enacted many times over, on the small moon of Yavin IV recreated in the Second Life universe. Seekers from far and wide are drawn here to begin their spiritual quest or to dip a toe into another way of being. The experience is direct, and the seeker forges the path. Introduction Almost every manifestation of religion finds expression in the virtual world of Second Life. Established religions have a presence; for example, Epiphany Cathedral is home to Anglicans in the virtual world (Hutchings 2011). Geographically dispersed adherents gather for communion, Bible study and regular services. Those manifestations of the numinous bordering on religion, depending on the definition employed, can be found in every corner. Masonic temples abound and all the paraphernalia required for the mysterious rituals of Freemasonry can be bought from the Second Life Marketplace (Farley 2010). There are some religions that only find expression in this virtual space. There are all manner of temples, churches, sacred grottoes, simulated stone circles and the opportunity for religious pilgrimage. Some of these expressions can be seen as virtual missionary activity, taking religion to a new frontier.
  • New Errands: the Undergraduate Journal of American Studies

    New Errands: the Undergraduate Journal of American Studies

    New Errands: The Undergraduate Journal of American Studies Volume 5, Issue 2 June 2018 Welcome to New Errands! Te Eastern American Studies Association and the American Studies Program at Penn State Harrisburg are pleased to present the Spring 2018 issue of New Errands, an online journal that publishes exemplary American Studies work by undergraduate students. Seeking to develop the next generation of Americanists, New Errands’ mission is both to provide a venue for the publication of important original scholarship by emerging young scholars and to provide a teaching resource for instructors of American Studies looking for exemplary work to use in the classroom. New Errands is published semi-annually, afer the end of each academic semester. Te goal of this timetable will be to collect and publish essays produced during the previous term, so that they can be made available as quickly as possible for use in the following term. We encourage both selfsubmission by undergraduate students and nominated submissions by instructional faculty. Tey must have an American focus, but can employ a variety of disciplinary methods. Submissions can be emailed as Word documents to: [email protected]. Essays can be of any length, but they must have a research focus. Any visual images should be placed at the end of the manuscript, and tags should be placed in the text to indicate the intended placement of each image. Manuscripts should conform to MLA guidelines. New Errands Staf: Supervising Editor– Anthony Bak Buccitelli Co-managing Editors– Brittany Clark and Caitlin Black For further information about the Eastern American Studies Association, including the annual undergraduate roundtable and the EASA undergraduate honors society, please visit: http://harrisburg.psu.edu/ eastern-american-studies-association.
  • Sixth Oic Observatory Report on Islamophobia

    Sixth Oic Observatory Report on Islamophobia

    Original: English SIXTH OIC OBSERVATORY REPORT ON ISLAMOPHOBIA October 2012 – September 2013 PRESENTED TO THE 40 TH COUNCIL OF FOREIGN MINISTERS Conakry, Republic of Guinea 9–11 December 2013 i OIC-CS-6th OBS-REP-Final-October-2013 TABLE OF CONTENTS FOREWORD by the OIC Secretary General 1 EXECUTIVE SUMMARY 3 INTRODUCTION 7 1: ISLAMOPHOBIA, INTOLERANCE AND DISCRIMINATION AGAINST MUSLIMS 10 2: MANIFESTATIONS OF ISLAMOPHOBIA 12 2.1. Islamophobia in USA 12 a) Islamophobia during the US Presidential Campaign 13 b) Islamophobic Ads by Pamela Geller 15 c) Islamophobia in the aftermath of the Boston Bombings 17 2.2. Islamophobia in Europe 19 a) Highlight of Islamophobic trends in Europe 20 b) Islamophobia in the Post- Woolwich murder attack 23 2.3. Islamophobia in the Media 25 3: SOME POSITIVE DEVELOPMENTS 27 4: OIC Initiatives and Activities to Counter Islamophobia 29 4.1. Brainstorming Session at the 39 th CFM 29 4.2. Panel of Eminent Persons for combating discrimination against Muslims 30 4.3. Istanbul Process Follow-up 31 4.4. Istanbul International Conference on Islamophobia 31 CONCLUSIONS AND RECOMMENDATIONS 33 ANNEXES . 36 A: SOME ISLAMOPHOBIC INCIDENTS 36 I. Incidents Related to Mosques 36 II. Desecration of Muslim Graves 53 III. Political and Social Campaigns against Islam and Muslims 54 IV. Intolerance against Islam and its Sacred Symbols 63 ii OIC-CS-6th OBS-REP-Final-October-2013 V. Discrimination against Muslim Individuals in Educational Institutions, Workplaces, Airports, etc 71 VI. Incidents Related to Hijab (Veil) 79 B: CFM RES. NO 41/39-P ON AN OIC APPROACH FOR COMBATING DISCRIMINATION AND INTOLERANCE AGAINST MUSLIMS 84 C: STATEMENT BY H.E.
  • Will Parties Take to Tahkim?: the Use of Islamic Law and Arbitration in the United States

    Will Parties Take to Tahkim?: the Use of Islamic Law and Arbitration in the United States

    Chicago-Kent Journal of International and Comparative Law Volume 13 Issue 2 Article 4 1-1-2013 Will Parties Take to Tahkim?: The Use of Islamic Law and Arbitration in the United States Cristina Puglia Follow this and additional works at: https://scholarship.kentlaw.iit.edu/ckjicl Part of the Law Commons Recommended Citation Cristina Puglia, Will Parties Take to Tahkim?: The Use of Islamic Law and Arbitration in the United States, 13 Chi.-Kent J. Int'l & Comp. Law 151 (2013). Available at: https://scholarship.kentlaw.iit.edu/ckjicl/vol13/iss2/4 This Article is brought to you for free and open access by Scholarly Commons @ IIT Chicago-Kent College of Law. It has been accepted for inclusion in Chicago-Kent Journal of International and Comparative Law by an authorized editor of Scholarly Commons @ IIT Chicago-Kent College of Law. For more information, please contact [email protected], [email protected]. Article Will Parties Take to Tahkim?: The Use of Islamic Law and Arbitration in the United States Cristina Puglia* Table of Contents Introduction ............................................................................................... 152 I. Islamic Law: A Brief Introduction ........................................................ 153 II. Islamic Law in American Courts ......................................................... 158 A. Award v. Ziriax ................................................................................. 158 B. In re Marriage of Ahmad and Sherifa Shaban v. Sherifa Shaban .... 163 C. El-Farra v. Sayyed
  • Book Reviews

    Book Reviews

    BOOK REVIEWS EDITED BY MICHAEL P. WEBER The Good Provider: H. J. Heinz and His 57 Varieties. By Robert C. Alberts. (Boston: Houghton Mifflin Company, 1973. Pp. 297. $10.00.) Who has not at some time sampled one of Heinz's 57 Varieties? Everyone who likes to eat will be interested in this biography of H. J. Heinz by Robert Alberts, who gave such an entertaining talk on William Bingham at the an- nual meeting of the Pennsylvania Historical Association a few years ago. This particular volume is the outgrowth of an article in American Heritage magazine and still shows signs of being intended for a popular rather than a scholarly audience. It is a sympathetic account of a simple, honest, hardworking, deeply religious son of German immigrants who embodied the Horatio Alger tradition without being an especially complex or interesting person. Nevertheless, it reminds us how many of today's famous firms were originally such personal enterprises. It is a little surprising, however, that Mr. Alberts places Heinz on the same level as other Pittsburgh magnates like Carnegie, Frick, Mellon, and Westinghouse, with whom he seems to have had relatively little communication. Yet certainly the story of the Heinz company is a significant aspect of nineteenth-century social history, reflecting as it does changes in the American diet made possible by new developments in transportation, re- frigeration, and the preservation of food in cans. The book shows that the company's success was based on a combination of large-scale production and skillful techniques in public relations and advertising.
  • Comparison of Constitutionalism in France and the United States, A

    Comparison of Constitutionalism in France and the United States, A

    A COMPARISON OF CONSTITUTIONALISM IN FRANCE AND THE UNITED STATES Martin A. Rogoff I. INTRODUCTION ....................................... 22 If. AMERICAN CONSTITUTIONALISM ..................... 30 A. American constitutionalism defined and described ......................................... 31 B. The Constitution as a "canonical" text ............ 33 C. The Constitution as "codification" of formative American ideals .................................. 34 D. The Constitution and national solidarity .......... 36 E. The Constitution as a voluntary social compact ... 40 F. The Constitution as an operative document ....... 42 G. The federal judiciary:guardians of the Constitution ...................................... 43 H. The legal profession and the Constitution ......... 44 I. Legal education in the United States .............. 45 III. THE CONsTrrTION IN FRANCE ...................... 46 A. French constitutional thought ..................... 46 B. The Constitution as a "contested" document ...... 60 C. The Constitution and fundamental values ......... 64 D. The Constitution and nationalsolidarity .......... 68 E. The Constitution in practice ...................... 72 1. The Conseil constitutionnel ................... 73 2. The Conseil d'ttat ........................... 75 3. The Cour de Cassation ....................... 77 F. The French judiciary ............................. 78 G. The French bar................................... 81 H. Legal education in France ........................ 81 IV. CONCLUSION ........................................
  • Loyalists in War, Americans in Peace: the Reintegration of the Loyalists, 1775-1800

    Loyalists in War, Americans in Peace: the Reintegration of the Loyalists, 1775-1800

    University of Kentucky UKnowledge University of Kentucky Doctoral Dissertations Graduate School 2008 LOYALISTS IN WAR, AMERICANS IN PEACE: THE REINTEGRATION OF THE LOYALISTS, 1775-1800 Aaron N. Coleman University of Kentucky, [email protected] Right click to open a feedback form in a new tab to let us know how this document benefits ou.y Recommended Citation Coleman, Aaron N., "LOYALISTS IN WAR, AMERICANS IN PEACE: THE REINTEGRATION OF THE LOYALISTS, 1775-1800" (2008). University of Kentucky Doctoral Dissertations. 620. https://uknowledge.uky.edu/gradschool_diss/620 This Dissertation is brought to you for free and open access by the Graduate School at UKnowledge. It has been accepted for inclusion in University of Kentucky Doctoral Dissertations by an authorized administrator of UKnowledge. For more information, please contact [email protected]. ABSTRACT OF DISSERATION Aaron N. Coleman The Graduate School University of Kentucky 2008 LOYALISTS IN WAR, AMERICANS IN PEACE: THE REINTEGRATION OF THE LOYALISTS, 1775-1800 _________________________________________________ ABSTRACT OF DISSERTATION _________________________________________________ A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the College of Arts and Sciences at the University of Kentucky By Aaron N. Coleman Lexington, Kentucky Director: Dr. Daniel Blake Smith, Professor of History Lexington, Kentucky 2008 Copyright © Aaron N. Coleman 2008 iv ABSTRACT OF DISSERTATION LOYALISTS IN WAR, AMERICANS IN PEACE: THE REINTEGRATION OF THE LOYALISTS, 1775-1800 After the American Revolution a number of Loyalists, those colonial Americans who remained loyal to England during the War for Independence, did not relocate to the other dominions of the British Empire.
  • From Machiavellism to the Holocaust the Ethical-Political Historiography of George L

    From Machiavellism to the Holocaust the Ethical-Political Historiography of George L

    From Machiavellism to the Holocaust The Ethical-Political Historiography of George L. Mosse Inauguraldissertation der Philosophisch-historischen Fakultät der Universität Bern zur Erlangung der Doktorwürde vorgelegt von Karel Plessini Italien Akademisches Jahr 2008/2009 Hauptgutachterin: Prof. Dr. Marina Cattaruzza Zweitgutachter: Prof. Dr. Emilio Gentile 1 Contents INTRODUCTION: THE SERPENT AND THE DOVE...................................................................... 6 The Link Between Life and Work..................................................................................................... 11 The Devil's Advocate.......................................................................................................................... 13 Mosse the Scholar................................................................................................................................ 15 Pioneering Cultural History................................................................................................................ 18 Machiavellism and the Holocaust...................................................................................................... 19 I – FROM MACHIAVELLISM TO TOTALITARIANISM.................................................................... 23 At the Edge of Catastrophe: George Mosse and Politics............................................................ 26 Sir Edward Coke and the Fate of Liberalism: A Fighter in a Lost Cause?................................. 30 The New Leviathan...........................................................................................................................
  • Digital Religion – Blessed Are the Heretics!

    Digital Religion – Blessed Are the Heretics!

    Digital Religion – Blessed are the heretics! ISSN: 1705-6411 Volume 16, Number 1 (January 2020) Author: Jon Baldwin The best thing about religion is that it spawns heretics. Ernst Bloch1 (2009: 122) The consideration of religion, especially when entwined with technology, has as Bloch suggests, spawned much heresy, and this paper considers the constructive heresies of Jean Baudrillard, as well as Ernst Bloch, Byung-Chul Han, and Peter Sloterdijk. Whether it be it be oral, notches on bone, clay engraving, handwritten scrolls, codices, illuminated manuscripts, print books, audio recordings, or more recently, software and mobile applications, religion has been continually mediated by technologies to various degrees. The recent coupling of the terms digital and religion, brought about by the merging of the digital, internet, and forms of religiosity, attests to this. Indeed, religion itself might often be regarded as mediation between god(s) and man, the heaven and earth, the sacred and the profane, and so forth. This paper discusses the notion of digital religion and attendant theoretical approaches. It indicates how Baudrillard’s work might contribute to this configuration and methodology with a consideration of the academic field of ‘digital religion’ and ideas from Marshall McLuhan. Against a somewhat utopian vision and drive, the poverty of a networked digital religion is advanced. The possibility that a form of religion somewhat influenced the advancement of the internet is outlined with focus on Unitarianism and Tim Berners-Lee. Attention turns to Baudrillardian motifs and notions of potlatch, defiance, and challenge as they might inform the developments of certain elements of religion.