Separation of Church from State in the USSR

The present period in the development of society is characterized by a further weakening of the influence of religious ideology upon the public mind and an acceleration of the process of secularization of governmental and societal relationships. At the same time, in many capitalist countries as well as countries liberated from colonial dependence, religion and religious organizations continue to retain very firm positions and exercise a considerable influence upon the shaping of social relations and the content of legal systems. In a number of countries, religion, its canons, and dogmas are the principal source of law. The clerical movement also exercises a serious influence on the character of norms of public law in capitalist countries.     

Tolerance and Law in Countries with an Established Church

The author argues that the co-habitation of an established Church and non-established ones is bound to generate unfair discrimination and abridges religious tolerance which is a European achievement and an indispensable part of Western political and constitutional culture. In defiance of the strong traditions that survive in certain European countries, the institution of the established Church should wither away.     

‘Burqa Avenger’: Law and Religious Practices in Secular Space

The current debate over the hijab is often understood through the lens of a ‘clash of civilizations’ between a tolerant ‘secular’ ‘West’ and a chauvinist ‘religious’ ‘East’. The article argues that this polarization is the result of a specific secular semiotic understanding of religion and religious practices which is nowadays embedded in western law. In my analysis, secular’s normative assumptions, played around the control of women’s bodies and the definition of religious symbols in the public sphere, work as a marker of ‘citizenship’ and ‘racialized religious belonging’. Through women’s bodies, western/secular law creates a link between gender, religion, ethnicity and belonging which forms a specific law and religious subject. Thus, secularism emerges not as the separation between private and public, state and religion, but as the reconfiguration of religious practices and sensitivities in the public secular space through the control of the visible.     

Escaping from the crime of inner cities: Church attendance and religious salience among disadvantaged youth

With the theoretical backdrop of social disorganization and “resilient youth” perspectives, we hypothesize that individual religiosity is protective in helping at-risk youths such as those living in poor inner-city areas to escape from drug use and other illegal activities. To test this hypothesis, we draw data from an interview survey of 2,358 youth black males from tracts in poverty in Boston, Chicago, and Philadelphia, conducted in 1979 and 1980. Results from a series of multilevel analyses indicate that church attendance (the frequency of attending religious services) has significant inverse effects on nondrug illegal activities, drug use, and drug selling among disadvantaged youths. Religious salience (the perceived importance of religion in one's life), however, is not significantly linked to reductions in juvenile delinquency. We discuss the implications of our findings, focusing on individual religiosity as a potentially important protective factor for disadvantaged youths.     

Orthodox Identity as Traditionalism: Construction of Political Meaning in the Current Public Discourse of the Russian Orthodox Church

This article reviews the articulation of traditional political values in the contemporary discourse of the Russian Orthodox Church (ROC). As an empirical basis, the article takes the ROC’s official documents reflecting its position on social and political issues, the statements of various Synodal departments and Church hierarchs, as well as the statements of those representatives of the Orthodox intelligentsia, who promote an alternative agenda for Church-state dialogue. The author analyses the discursive forms deployed for the use of two key concepts, related to two markers of traditionalist worldview (opinions about liberalism, and positions taken with regard to the rights of sexual minorities), and studies the context in which these confessional ethical norms are politicized. This allows the author to move from interpreting Orthodox identity as merely a confessional/religious affiliation, expressing itself in a range of practices (attending services, etc), to an interpretation of Orthodox identity as traditionalist in the political sense of that word, involving the formation of a distinctive political theology and the politicization of confessional ideas of morality.     

Racial differences in desistance from substance abuse: the impact of religious involvement on recovery

This study examines variations by race in the relationship between religiosity and desistance from substance abuse. Although most studies have included race as a control variable, only a few studies compared the equivalence of associations among religiosity, delinquency, recovery from substance abuse, and other variables between Black and White samples. Using data from the intake and 12-month follow-up survey of the Drug Abuse Treatment Outcome Study, this study examines levels of religious involvement of Black and White drug treatment clients. In addition, it empirically tests whether religious involvement exerts differential effects on Black and White clients' recovery from substance abuse. It was found that Black clients reported higher levels of religious involvement (measured by church attendance) than did White clients. Data indicated that religious behavior at 1-year follow-up was positively associated with Black clients' recovery from substance abuse. In contrast, religious behavior was not a significant predictor of White clients' desistance from substance abuse. Directions for future research and policy implications are discussed.     

Voting from the Pew: The Effect of Senators' Religious Identities on Partisan Polarization in the U.S. Senate

Partisan polarization in the Senate is in part a product of the increased sorting of evangelical Christians into the Republican caucus. The relationship between senators' religious identities, party affiliation, and ideology has changed since the 1970s. Whereas congressional party caucuses in the past were more diverse in their religious composition, evangelical Christian senators have sorted themselves into the party that most closely resembles the values of their religious identities, leading to greater overall polarization.     

Deprogramming: from private self-help to governmental organized repression

This paper examines deprogramming, a multi-faceted form of derecruitment from unpopular religious groups (“cults”) developed in the United States and then spreading to other nations, as a form of social control of new religious movements. The early history of deprogramming in the United States is discussed, and then its more recent application in Japan against members of the Unification Church is detailed. A continuum is presented that has self-help remedies at one end, and governmental repression at the other. Self-help forms of deprogramming are illustrated mainly by the United States which has First Amendment protections for religious groups which afford some protection from governmental intervention. Governmental forced derecruitment is illustrated by China’s effort to stamp out the Falun Gong through a very systematic official governmental program involving many institutions operating with full support of the government and the Chinese Communist Party. In between these extremes are cases such as Japan’s social control efforts, and some within the United States, where governmental officials and agencies turn a “blind eye” to self-help remedies, allowing them to operate, or even engage in covert activities to suppress unpopular religious groups.     

Youth crime victimization and religion: observations from Finland and Switzerland

European nations are undergoing increasing cultural and religious pluralization. Yet, we know little about how crime victimization relates to religion. Different theories suggest that religion might protect from or, on the contrary, be a risk factor for victimization. Drawing on a youth survey (ISRD–3), we examine Finland and Switzerland, two nations with different histories with respect to religious pluralism. We did not observe associations suggesting that membership in minority religions would protect from victimization. The risk of hate crime victimization was elevated among Finnish Muslim youths, while in Switzerland, there appears to be a more general association between ‘other’ religious identification and victimization risk. We conclude by discussing avenues for future research.     

The Russian Orthodox Church as the Church of the Majority

The author examines the evolution of relations among Church, state, and society in Russia over recent years in the light of comparisons with other predominantly Orthodox Christian countries.     

Muslims in prison: a case study from Ohio state prisons

The present study explores core issues related to the understudied population of Muslim inmates. Mail questionnaires were sent to the full-time chaplains employed by religious services in thirty Ohio state male prisons. The survey examines: (1) characteristics of Muslim inmates, (2) patterns of identification with Islam, (3) religious behavior inside the prisons, and (4) relations between conversion to Islam and crime committed. Our findings indicate that while the vast majority of Muslim inmates are African-American, they are otherwise similar to the incarcerated population in terms of age, education, and marital status. Most of the Muslims in our sample converted while incarcerated. The devotion of Muslim prisoners in the sample tends to be high as demonstrated by adherence to central religious practices. Finally, we found no relationship between crime and conversion to Islam inside prison. Although our data must be understood as tentative, it offers a basis for further investigation of this population of inmates.     

The Georgian Church

The Georgian Orthodox Church is guided by the striving to embody the unity of the nation, but it constantly comes up against the diversity of society.     

Freedom of Speech as an Expressive Mode of Existence

This paper adopts Deleuze’s reading of Spinoza’s expressionism and pure semiotics to argue that Spinoza’s Ethics offers an alternative notion of freedom of speech that is based on the potentia of the individual. Its aim is to show how freedom of thought is connected to the problem of individuation that connects our mode of being with our power to speak and think. Rather than treating freedom of speech as an enlightened idea that is in opposition to, for example, religious authority, or the suppression of human rights, this paper argues that freedom of speech should be understood by what Spinoza calls ‘an adequate idea’: an idea that explains the cause of its own production. What is to be considered is: who wants this freedom, in what situation, why, what is at stake? No freedom in itself is ever given. This paper argues for speech as an assembled body that is always in connection with other bodies. It is argued that to understand the power and value of the freedom of speech, we should study the praxis of the utterance as an assembled body, its causal dimensions, and its affective immanent relations with other bodies, and other modes of speaking.     

目的财产学说对我国宗教财产立法的影响与实践

目的财产学说,兼具解释与建构的价值。在我国民事法制现代化的历史和现实中,宗教财产立法都没有能够摆脱目的财产学说的影响。在民初的近代私法转型中,目的财产说成为屡次寺庙财产立法的主流学说。在当前的宗教财产立法中,《民法通则》所规定的社会团体(宗教团体)所有说已经被《物权法》和《宗教事务条例》所抛弃。《物权法》对宗教财产规制的策略性回避立场,为对宗教财产法制的整体反思与建构提供了充分的时间和空间。《宗教事务条例》开创的宗教财产的法制正在沿着目的财产学说的轨迹运动。     

世界三大宗教法之比较研究

世界三大宗教法--古印度法、教会法和伊斯兰教法最初根源于对神的信仰,在表现形式上与宗教本身密不可分,在内容上与宗教教规教义和宗教典籍密切相联,但是其内涵与价值各不相同.在一定的历史条件下,三大宗教法对社会生活发挥了极其重要的作用,对后世世俗立法产生了不同的影响.在当今世界法制史苑里,三大宗教法独具特色,在经历了改革浪潮的洗礼后,逐步走上现代文明法制的轨道,这种改革留给我们深深的思索.     

Immunity from criminal prosecution for parents who withhold medically necessary treatment from children on religious grounds

Because child endangerment laws and their judicial interpretation are different in each state, healthcare providers should familiarize themselves with the law in their particular jurisdiction. In situations in which parents refuse on religious grounds to consent to medical treatment for their children, health care providers should consult local counsel as to the legal options available.     

The right of the child to be heard in education litigation: an analysis of the ‘intelligent design’ Pennsylvania case on the separation of Church and State in the public schools

This paper examines a seminal case in US education law regarding the separation of Church and State in the public schools. The issue decided was whether it is constitutional under American law for a school district to mandate reference to ‘intelligent design’ (ID) as an alternative to the theory of evolution whilst instructing students only in the latter. ID theory postulates an unspecified ‘master intelligence’ as being responsible for the origins of life. A Pennsylvania court found that ID was a religious theory and held the school district had officially endorsed ID contrary to constitutional requirements. The issue of children's participation rights was not raised by the parties or the Court and student views were not solicited. The reasons for this failure to allow students to be heard in the judicial proceedings are explored as are the implications for how the notion of children's rights is understood in North America.     

Planning the archaeological recovery of evidence from recent mass graves

Mass graves commonly contain hundreds of putrefying bodies, which bear evidence of torture and extrajudicial execution. These require careful excavation using archaeological techniques to recover the bodies for identification and to obtain associated evidence which document human rights abuses. In order to derive forensically defensible conclusions, exhumation of a mass grave may take weeks or months. Specialized protective suits and breathing apparatus will permit the investigating team to take the time required to retrieve even subtle evidence from repellent remains. Strategies for sampling tissues and bodies which reduce the magnitude of the recovery operation are described.     

The Dead, the Law, and the Politics of the Past

This article explores the role of law in cultural and political disputes concerning dead bodies. It uses three interconnecting legal frameworks: cultural and moral ownership, commemoration, and closure. It begins with a critique of the limitations of the private law notion of 'ownership' in such contexts, setting out a broader notion of cultural and moral ownership as more appropriate for analysing legal disputes between states and indigenous tribes. It then examines how legal discourses concerning freedom of expression, religious and political traditions, and human rights and equality are utilized to regulate the public memory of the dead. Finally, it looks at the relationship between law and notions of closure in contexts where the dead have either died in battle or have been 'disappeared' during a conflict, arguing that law in such contexts goes beyond the traditional retributive focus of investigation and punishment of wrongdoers and instead centres on broader concerns of societal and personal healing.