A symposium hosted by the and Society Research Centre and School of Social THE OF Sciences and Psychology (UWS) and The Australian Sociological Association’s AND : Religion Thematic Group

LEGAL PLURALISM, This symposium examines the impact of various on , 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 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 , 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 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 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. I draw on boundaries affecting free speech. Judith Butler’s Levinasian analysis of policy responses to conflict to argue that the The original decision, handed down by the ethical moment of discourse is inherently Victorian Civil and Administrative Tribunal violent as the other both threatens me (VCAT), in December 2005, found in favour and potentially transforms me. Anti- of the ICV complainants. Nevertheless, discrimination legislation encourages almost a year later, the Victorian Court people to live with the discomfort of Appeal reversed the decision, allowed created by apparently threatening CTF’s application and referred the case religious others. Anti-discrimination back to VCAT to begin again. However, legislation contains religious tensions Rights and Equal Opportunity Commission and reduces the likelihood of violence. BIOS of Australia, and also on the Board of Directors, Special Broadcasting Services AITKEN & ORS VS. STATE Selda Dagistanli’s research explores (SBS). She was the Director of Community OF VICTORIA: EDUCATION the intersections of Western multicultural Education at the Victorian Ethnic Affairs AND RELIGIOUS DIVERSITY politics, criminal justice and law. Her Commission as well as the Deputy Director IN AUSTRALIA overarching research priority is to at the Multicultural Affairs Commission „„Anna Halafoff, Deakin University interrogate the ways in which unpopular WA. Currently she is Chair of the Institute minorities are morally, politically and of Cultural Diversity and is also the Editor This paper focusses on the recent culturally marginalised in legal and broader of Sultana’s Dream, an online magazine Victorian Civil and Administrative Tribunal community arenas. Specific interests written and produced by Australian Muslim (VCAT) case, Aitken and Others vs. State include how the politics of exclusion, women which she founded in 2011. of Victoria - Department of Education especially through both overt anti- and Early Childhood Development, Muslim racism and the liberal premises Douglas Ezzy is an Associate Professor which reignited the ‘religion in schools of law, can lead to punitive criminal of Sociology at the University of Tasmania. debate’ in Victoria. Parents claimed justice practices and the appropriation of His research is driven by a fascination that their children, who had been opted victims’ and womens’ rights movements with how people make meaningful out of Special Religious Instruction by conservative agendas. She is currently and dignified lives. His books include (SRI) programs, experienced direct and working on a manuscript entitled ‘Trialling Qualitative Analysis (2002) and Teenage ongoing discrimination as a result of being Culture, Protecting Women: Racialising Witches (2007, with Helen Berger). segregated from their classmates, given Sexual Violence in Legal and Political that they weren’t provided with adequate Discourses’ with Ashgate Publishing, UK, Dr Anna Halafoff is a Lecturer in Sociology alternative instruction. While VCAT rejected due for publication in 2014. She is also and a member of the Centre for Citizenship this claim, the controversy surrounding a chief investigator, alongside Associate and Globalisation, at Deakin University. Aitken and Ors vs. State of Victoria led to Professor Adam Possamai (University Previously, Anna was a lecturer at the widespread media debate and a number of Western Sydney), Professor Malcolm School of Political and Social Inquiry, and of significant policy changes pertaining Voyce (Macquarie University) and Professor a researcher for the UNESCO Chair in to the way religion is taught in Victorian Bryan Turner (University of Western Interreligious and Intercultural Relations schools. Despite numerous previous Sydney/City University of New York), – Asia Pacific, at Monash University. In calls for reforms to SRI programs, it took on an ARC Discovery project exploring 2011, Anna was named a United Nations a ‘court case’ to bring these issues to Shari’a in the everyday life of Muslim Alliance of Civilizations’ Global Expert the public mind, and to the attention of communities in Sydney and New York. in the fields of multifaith relations, and state actors. This paper examines the religion and peacebuilding. Her book significance of this VCAT case in assisting Hanifa Deen is an award-winning author on The Multifaith Movement: Global the State of Victoria to meet the needs who writes narrative non-fiction and Risks and Cosmopolitan Solutions, of an increasingly multifaith and secular lives in Melbourne. Her books include: was published by Springer in 2013. society, and identifies several issues with Caravanserai: A Journey Among Australian SRI programs that remain to be resolved. Muslims, for which she won a NSW Stéphane Lathion was a lecturer at the Premier’s Literary Award; Broken Bangles, University of Fribourg in Switzerland and short listed for a WA Premier’s Award, The is the coordinator of the Research Group Jihad Seminar (UWA Press) short listed for on Islam in Switzerland, (GRIS). GRIS has the Australian Human Rights Commission, strong links with the Religions Observatory Literature Non-Fiction Award; Ali Abdul in Switzerland (ORS) and Lausanne vs. The King,(UWA Publishers, 2011). Her University. GRIS/ORS conducts research latest book On the Trail of Taslima was and analysis on Islam in Switzerland, released in June 2013. Deen has also proposes training courses for social served as a Hearing Commissioner, Human workers and professionals dealing with Muslim populations on topics associated Peacekeeping and the New Imperialism He recently published in Law & Critique, with their day-to-day experiences. His (University of Toronto Press, 2004), an The Journal of Legal Pluralism, Journal recent publications are Muslims, a threat edited collection Race, Space and the of Law and Religion and The Australian to the Republic ? with O. Bobineau Law: Unmapping A White Settler Society Review of Religious Studies. Currently (DDB, , 2011), Islam and Modernity, (Toronto: Between the Lines, 2002), he is working on Foucault and Buddhism Identities between City Hall and Mosque Looking White People in the Eye: Gender, (forthcoming June with Ashgate Press). (DDB, Paris, 2010) and The Swiss Race, and Culture in Courtrooms and Minaret Ban : Islam in Question, with P. Classrooms (Toronto: University of Toronto Haenni (Religioscope, Fribourg, 2011). Press, 1998,1999, 2000) and Canadian Feminism and the Law: The Women’s Adam Possamai is Associate Professor Legal and Education Fund and the Pursuit in Sociology. He is the current President of Equality (Toronto: Second Story Press, of Research Committee 22 on the 1991). Dr. Razack is a founding member Sociology of Religion from the International of the feminist and anti-racist network of Sociological Association and the co- scholars Researchers and Academics Director of the Centre for the Study of of Colour for Equality (R.A.C.E.) Contemporary Muslim Societies at the University of Western Sydney. He has Dr Joshua M. Roose is the Senior recently published as an editor, the Research Officer at the Religion and Handbook of Hyper-Real Religions (2012, Society Research Centre at the University Brill) and with H. Onnudottir and B. of Western Sydney, Australia. He is also Turner, Religious Change and Indigenous a co-convenor of the Migration, Ethnicity Peoples (2013, Ashgate). He is also and Multiculturalism thematic group at the author of Sociology of Religion for The Australian Sociological Association Generations X and Y (2009, Equinox) (2013-2014) and a visiting scholar at the and the fiction book, Le XXIe Siècle de Graduate Centre, City University of New Dickerson et Ferra (2011, Asgard). York. His two most recent publications are ‘The Special Broadcasting Service Sherene Razack is a full professor in the and the Future of Multiculturalism: An Department of Humanities, Social Sciences Insight into contemporary challenges and Social Justice Education, the Ontario and future directions’, Journal of Politics, Institute for Studies in Education of the Culture and Communication, Vol.41, No.1, University of Toronto. Her research and 2013 (with Shahram Akbarzadeh) and teaching interests lie in the area of race ‘Young Muslims of Australia: Anatomy and gender issues in the law. Her courses of a Multicultural Success Story’, The include: ‘Race, Space and Citizenship;’ Latrobe Journal, No.89, 2012, pp.151-163. Race and Knowledge Production’ and ‘Racial Violence and the Law.’ Her most Dr Malcolm Voyce (LLB (Auck), MA, recent book is an edited collection with PhD (Lond), PhD (Macq)) is an Associate Malinda Smith and Sunera Thobani entitled Professor of Law at Macquarie University States of Race: Critical Race Feminism involved in teaching succession law for the 21st Century (Toronto: Between and law and religion. He completed a the Lines, 2010). She has also published Doctorate at the School of African and Casting Out: The Eviction of Muslims From Oriental Studies, London University Western Law and Politics. (University in 1982 and a second Doctorate from of Toronto Press, 2008), Dark Threats Macquarie University in 2001. Dr. Voyce and White Knights: The Somalia Affair, has published widely on law and religion. BOOK LAUNCH Following the Symposium, the Religion and Society Research Centre will celebrate the recent publication of books by staff and members. The event will be launched by Professor Gary Trompf, University of Sydney. RSVP to [email protected] by 28 November.