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The Sociology of Religion and Law in Order to Make a This Is a Free Event with Lunch Provided A symposium hosted by the Religion and Society Research Centre and School of Social THE SOCIOLOGY OF Sciences and Psychology (UWS) and The Australian Sociological Association’s Sociology of RELIGION AND LAW: Religion Thematic Group LEGAL PLURALISM, This symposium examines the impact of various laws on religions, religious diversity and legal pluralism, and religious conflict. ANTI-DISCRIMINATION Evaluating the social consequences of legal innovations is critical in the context LAWS AND RELIGIOUS of on-going concerns about terrorism and ethical conflicts that often overlap with religious identities. They can also DIVERSITY IN LATE facilitate the constructive inclusion of religious groups into civil society. These MODERNITY issues remain active political concerns. For example, the Victorian Racial and Religious Tolerance Act is now 12 years old, and 5 December 2013 the Federal Government’s consolidation 10:00–15:00 of anti-discrimination legislation has been University of Western Sydney delayed after considerable debate and Bankstown Campus controversy. Sociological analyses on legal Venue: Building 3 Room 55 pluralism in late modernity will be discussed in light of these tensions. The symposium builds momentum in the sociology of religion and law in order to make a This is a free event with lunch provided. positive contribution to these debates. For catering purposes, RSVP to [email protected] by 28 November (please indicate any special dietary requirements) The Australian Sociological Association’s Sociology of Religion (TASA SoR) Thematic Group was launched in November 2011 and currently has 52 members. Its inaugural Seminar, 2012- End Times or New Beginnings? was held in May 2012, in partnership with the Centre for Citizenship and Globalisation. The TASA SoR Group aims to continue their track record of running well-received events in partnership with research centres at Australian Universities. Its second Seminar is co-hosted by the Religion and Society Research Centre at the University of Western Sydney. for his racist views of Muslims, Sennels him they loved him, and offered him relief 10:00 believes that “massive inbreeding within the through the application of wet towels and Muslim culture during the last 1,400 years words of consolation. The complainant later OPENING OF THE EVENT may have done catastrophic damage to telephoned police and on trial claimed that BY PROFESSOR DEBORAH STEVENSON, ASSOCIATE PRO their gene pool.” Muslims are genetically he had consented to some but not all of the VICE-CHANCELLOR (RESEARCH) unable to integrate into European society lashes for the sake of religious purification. and they possess an in born capacity to Drawing on these facts garnered be violent. As I have shown in Casting Out, through my own intermittent courtroom 10:20–12:40 this biological view of Muslim degeneracy observations of the trial, trial transcripts has gained currency in European and North and judgments, this paper will reflect on the Session 1: Religion and Legal Diversity American courts and parliaments, often legal arguments raised in relation to cultural in as openly racist a form as in Sennels’ contexts where violence is consensual. ‘GOOD’ AND ‘BAD’ SHARI’A IN opinions, but also disguised as moderate More broadly, it will consider the SYDNEY, NEW YORK AND GENEVA arguments about Muslim cultural incapacity association of punishment with civilisation Stephane Lathion, GRIS Switzerland to integrate. In this paper I consider how in comparing the motives for violent Adam Possamai, University law’s contemporary preoccupation with sanction in the current case, to what some of Western Sydney the Muslim psyche renders all Muslims as scholars have called the current revenge Joshua Roose, University less than human. I explore the logic of this driven demands of Western punitiveness. of Western Sydney eviction both from law and from humanity. Drawing on methodologies used to “I DID IT BECAUSE I LOVE FOUCAULT AND BUDDHISM: analyse the negative portrayals of New YOU”: SHARI’A, (UN)CIVILISED A RECONSIDERATION OF THE Religious Movements in the press, this VIOLENCE AND JUSTICE APPROACH OF ‘BUDDHIST presentation analyses the way Shari’a Selda Dagistanli, University VINAYA AS LAW’ AND AS has been reported in key newspapers in of Western Sydney NORMATIVE FORM OF ETHICS. Sydney, New York, and Geneva over the Malcolm Voyce, Macquarie University. last 5 years. It differentiates perceptions In a recent Sydney court trial, defence of Islamic law in the global cities as well as counsel and prosecutors spent some This paper considers the recent debate in foreign countries and discovers various time deliberating on whether consent over the nature of Buddhist ethics largely ideal-types of negativity. The presentation was present in the assault of a 32 year- conducted by European scholars such also investigates the perception of ‘good’ old man who knew and befriended two as Keown, Goodman and Olson. These Shari’a (Islamic banking) as opposed to of his four attackers. The complainant, scholars have argued in different ways ‘bad’ Shari’a (family and criminal law). Cristian Martinez, who was lashed forty that Buddhist ethics may be assimilated times with an electric cord, had recently or may correspond with different LAW’S PREOCCUPATION WITH THE converted to a conservative sect of Islam forms of western ethical theory. MUSLIM PSYCHE: HOW MUSLIMS which observed Sharia law. On the night ARE BODIES OUTSIDE THE LAW of the attack, Martinez telephoned his I show this approach to Buddhist ethics Sherene Razack, University of Toronto spiritual mentor Wassim Fayad to request and law makes presumptions about the assistance after his relapse into the drug universal nature of rationality that offer a Asked to offer an opinion of Omar Khadr’s and alcohol abuse that had motivated the universal criterion of moral judgment. My “risk of dangerousness as a violent complainant’s religious conversion in the approach follows Foucault’s argument jihadist,” state appointed psychiatrist first place. Fayad warned Martinez that and his skepticism with regard to the Welner conducted a seven hour interview he would need to be tied up and whipped notions of a universal nature or universal with Khadr at Guantanamo. Having no ‘brother, because that’s what you need’. rationality. I argue that there are no prior experience in assessing “jihadists,” Throughout the whipping Fayad and his generalized standards to regard ethics Welner consulted with Danish psychologist collaborators embraced the complainant as a system of transformation in that Nicolai Sennels. Well known in Europe between segments of his punishment, told ethical considerations create a space for the ethical, not in a normative sense in June 2007, the Victorian Equal but one arising from critical practice. 13:15 – 15:00 Opportunities Commission conciliated the case; the details remain confidential. To expand on this claim I examine offences Session 2: Anti-Discrimination Laws and in the Vinaya as regards sexual activities, Religious Diversity This paper is based on Hanifa Deen’s theft and rules as regard etiquette and book The Jihad Seminar (UWA Press deportment. As regards sexual activities FREEDOM OF SPEECH V. 2006). The author discusses the views of FREEDOM FROM VILIFICATION: I conclude that the Buddha was not so the pro and anti legislation groups facing A QUESTION OF BOUNDARIES much concerned about the acts itself but each other across the barricades, the Hanifa Deen, Author more the state of mind. Other offense fall out in terms of community relations such as theft show that the Buddha was and the fine line separating freedom of Our lives begin to end the day we concerned with the impact upon Hindu speech from hate speech. Can religious become silent about the things that communities such might occur through hate speech legislation set boundaries matter. masturbation. At the same time the of tolerance and respect or do these Martin Luther King. offences of etiquette were offences as laws exacerbate conflict? Why did this upset laity. At face value appears thus nightmare of a case, expected to be over Whichever God you support, may Buddha offered a form of consequentialism. in three days, take almost six years to He be with you. resolve? What lessons were learnt? Dave Allen, comedian. Should we follow the usual approach by scholars and see the vinaya as a form RELIGIOUS CONFLICT AND The Victorian Racial and Religious of law and ethics, the issues arise as ANTI-DISCRIMINATION Tolerance Act (2001) has been covered to how the ethical content in the vinaya LEGISLATION IN AUSTRALIA in controversy right from its inception as law ought to be regarded. I argue Douglas Ezzy, University of in 2000. Thirteen years on the debate that the imposition of these forms of Tasmania, Australia. continues amongst diverse groups as western theory on to the Vinaya and to whether this is a ‘good act ‘ or a ‘bad Buddhist texts in general creates a form This paper argues that anti-discrimination act’ and whether or not this State law of misunderstanding as in each case of a legislation constructively facilitates the undermines freedom of expression. supposed ethical dilemma Buddhist ethics nonviolent resolution of religious conflict through legislation and litigation. The should be seen as empirical as the ultimate In early 2002, the Islamic Council of Victoria religious anti-discrimination legislation point of reference lies in the purity and (ICV) initiated a complaint of religious in Victoria, Australia is examined to wholesomeness of each individual action. vilification against two Pentecostal pastors demonstrates this argument. I provide two and their para-church organisation, Catch detailed case studies of the 2002 complaint the Fire Inc. (CTF). The Islamic Council of by the Islamic Council of Victoria against Victoria v. Catch the Fire Ministries Inc. Catch the Fire Ministries, an evangelical (the first religious vilification case lodged Christian group, and the 2003 complaints under the new law) is still viewed as an by the Pagan Awareness Network and important test case that decides certain Olivia Watts, an Australian Witch.
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