Islam and the Legal Enforcement of Morality

Over sixty years ago, British high court judge Patrick Devlin and legal philosopher H.L.A. Hart fought out a famous debate over the legal enforcement of morality, which was generated by the question whether homosexuality should be legalized or not. Jurists agree that this debate was won by Hart, also evidenced in the fact that the state has since been retreating from its previous role of moral watchdog. I argue in this paper that the two most conflicted and essentially unresolved issues in the integration of Islam, the regulation of the female body and of free speech, have reopened this debate anew, pushing the liberal state toward the legal regulation of morality, thus potentially putting at risk its liberalness. I use the Hart-Devlin debate as a template for comparing and contrasting the Muslim quest for restricting free speech with the host-society quest for restricting the Islamic veil. Accordingly, there is a double threat to liberalism, which this paper brings into view in tandem, one originating from Islam and another from a hypertrophied defense of liberalism.

Europe and Islam: Alarmists, Victimists, and Integration by Law

This article reviews the minefield of Muslim integration in Europe, paying special attention to the legal integration of Islam, which has not yet found the attention that it deserves. In a first step, the article contrasts ‘victimist’ and ‘alarmist’ views on contemporary Muslim integration, both of which are found misleading. Instead, as argued in the second part, significant progress has been made through the legal route. The conclusion provides a reflection on the role of Islam for Europe’s ‘liberal identity’ today.

Catching Reality or Bowing Disciplines: How to Move the Study of Citizenship

In his contribution, Joppke justifies his selection of foundational scholars by linking each to what he sees as the three key facets of citizenship: status, rights and identity. Maarten Vink explicitly links his research agenda to the first, status, and outlines why it is so important. In identifying three facets of citizenship, Joppke acknowledges that some academics would include political participation, but he ultimately decides against it. But here we can, and should, broaden citizenship studies by bringing in insights from the behavioral politics tradition in domestic politics - when and why people engage in political acts - and from the social movements literature in sociology. I believe that the American debate on immigration reform, admittedly stalled, would not have advanced as far as it has without the social movement activism of DREAMers - unauthorized young people pushing for a path to citizenship - and the belief that Barack Obama won re-election in part because of the Latino vote. Importantly, one type of political activism demands formal citizenship, the other does not. As many contributors note, the “national models” approach has had a significant impact on citizenship studies. Whether one views such models through a cultural, institutional or historical lens, this tends to be a top-down, macro-level framework. What about immigrants’ agency? In Canada, although the ruling Conservative government is shifting citizenship discourse to a more traditional language - as Winter points out - it has not reduced immigration, ended dual citizenship, or eliminated multiculturalism, all goals of the Reform Party that the current prime minister once helped build. “Lock-in” effects (or policy feedback loops) based on high immigrant naturalization and the coming of age of a second-generation with citizenship also d emands study, in North America and elsewhere. Much of the research thus far suggests that political decisions over citizenship status and rights do not seem linked to immigrants’ political activism. State-centered decision-making may have characterized policy in the early post-World War II period in Europe (and East Asia?), but does it continue to hold today? Majority publics and immigrant-origin residents are increasingly politicized around citizenship and immigration. Does immigrant agency extend citizenship status, rights and identity to those born outside the polity? Is electoral power key, or is protest necessary? How is citizenship practiced, and contested, irrespective of formal status? These are important and understudied empirical questions, ones that demand theoretical creativity - across sub-fields and disciplines - in conceptualizing and understanding citizenship in contemporary times.

"Neither Villains nor Heroes": Making Hispanics in America

Review of G. Cristina Mora, Making Hispanics: How Activists, Bureaucrats and Media Constructed a New American (Chicago, Chicago University Press, 2014)

European Immigrant Integration after Multiculturalism

This paper takes the recent abdication of multiculturalism by the leaders of Europe’s most powerful nations (Germany, France, and Britain) as hub for a reflection on common themes in Europe’s crisis of multiculturalism. The most obvious common theme in this crisis is Islam and problems of Muslim integration. Accordingly, this paper addresses the role of religion and Islam in Europe’s multiculturalism crisis, and elaborates on the “muscular liberalism” or “civic integration” policies that have appeared in lieu of a discarded multiculturalism. In a final step, I tackle, in a forward-looking mode, some “critical issues” that will shape European immigrant integration after multiculturalism: the need to fight discrimination despite multiculturalism’s ebb, a greater concern for majority culture, the importance of robust debate and democracy as medium of integration, the often-neglected factor of immigrant selection, and a recognition that institutions matter more than policy in the process of integration.

Cleverer than we thought: the change in discourse of the Georgian Orthodox Church

This paper will focus on three episodes of contemporary church-state relations in Georgia, in particular, the conflicting interaction between law and religion in the public space. The first episode will be an open confrontation between the church and the state over the law on Registration of Religious Minority organizations (2011) which allowed the religious minorities to freely register; second: the Law on Self-governance (2013) which Georgian Orthodox Church considered “a threat to territorial integrity of Georgia”; and lastly: the Law on Anti-discrimination (2014) which was deemed “legitimization of Sodomic sin”. By reflecting on the three examples where for the first time after the collapse of Soviet Union, the Georgian state openly confronted the church and made a decision notwithstanding its position, I will attempt to argue that the role of the Orthodox Church in influencing the law making process is in gradual decline. However, on the other hand, by presenting the results of an ethnographic study conducted in 23 eparchies and perishes in 7 regions of Georgia in 2014, I will also show that church has adapted to its declining role over policy making, and to regain its political influence it gradually started to employ a civic rather than ethno nationalist discourse on matters of religious freedom while engaging with government. The paper will suggest that both unilateral decision-making of the state and civic shift in the discourse of the church constitute an important change in understanding church-state dynamics in the post-communist Orthodox Christianity dominated society.

Christian-Muslim Relations. A Bibliographical History Volume 6: Western Europe (1500-1600)

Christian-Muslim Relations. A Bibliographical History, volume 6 (CMR 6), covering the years 1500-1600, is a continuing volume in a history of relations between followers of the two faiths as it is recorded in their written works. Together with introductory essays, it comprises detailed entries on all the works known from this century. This volume traces the attitudes of Western Europeans to Islam, particularly in light of continuing Ottoman expansion, and early despatches sent from Portuguese colonies around the Indian Ocean. The result of collaboration between numerous leading scholars, CMR 6, along with the other volumes in this series, is intended as a fundamental tool for research in Christian-Muslim relations.