Introduction to volume ‘The Powers That Be. Rethinking the Separation of Powers’ now available online

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Abstract:

‘The idea of the separation of powers has been subjected to criticism and competition ever since it first came to be during the upheaval of the English Civil War. In recent years the case has once again been stated that the idea of the separation of powers has lost its significance in a globalised world, with a power constellation in which the distinctions between different types of “powers” have blurred and even so-called constituted power holders have become more and more diffuse. Yet even its fiercest opponents cannot deny that the idea of the separation of powers as a theory of government has, in the words of M.J.C. Vile, “in modern times, been the most significant, both intellectually and in terms of its influence upon institutional structures”.

The idea of the separation of powers reached its zenith in the United States and France in the late 19th century. In the two centuries that separate us from this zenith, the doctrine has suffered almost endless criticism, but endured nonetheless. The tenacity of the idea of the separation of powers is partly due to the fact that it is still widely held to be a procedural and institutional prerequisite for providing the state and its laws with legitimacy. It was, and is, considered by many a guarantor of liberty, in the absence of which power cannot be legitimately exercised.

However, both democratic legitimacy and the separation of powers as concepts have very much evolved alongside the state and over the last decades the state has been giving up ground to other power holders. This brings up the question of whether the combination of these concepts is still viable outside a traditional state context, and if so, in what form? This is the central question the current volume seeks to answer.’

See for the full text:

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2194851.

See for order information:

http://www.lup.nl/product/the-powers-that-be/;

http://press.uchicago.edu/ucp/books/book/distributed/P/bo25134025.html.

Presentation during Second National Conference of Christians in Political Science, Calvin College, Grand Rapids, MI (1999)

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About the Conference:

‘The Paul Henry Institute will host the second national conference of Christians in Political Science, June 17-20, 1999. Christian political scientists from the United States, Canada, the Netherlands, and Australia have already registered to attend the event. More than twenty different panels, each addressing different thematic issues, have been organized, with more than sixty papers being given by different scholars in the field. On Friday, June 18, the Rev. Richard John Neuhaus will deliver an address that will be open to the public.’

Source: http://henry.calvin.edu/dotAsset/182cb684-4848-4d40-8150-9476e78b335d.pdf.

About the Henry Institute:

‘The Paul B. Henry Institute for the Study of Christianity and Politics was created in 1997 to continue the work of integrating Christian faith and politics advanced by its namesake, educator and public servant Paul B. Henry.

The Institute is dedicated to providing resources for scholarship, encouraging citizen involvement and education, structuring opportunities to disseminate scholarly work, seeking avenues to communicate and promote information about Christianity and public life to the broader public, and motivating and training future scholars and leaders.’

About Christians in Political Science:

‘Christians in Political Science aims to encourage students of politics to integrate their Christian faith into their research and writing; stimulate and assist members to bring insights and perspectives from their faith to classroom teaching; and provide a forum for fellowship. We recognize that Christians of good faith may disagree about how Christianity should inform our professional, political, and other activities. Indeed, a major goal of CPS is to encourage discussion of these matters among believers from different traditions and with divergent views.’

My own presentation was entitled ‘The Fall of Christian Democracy in Europe’.

Co-editor, Regulating Morality. A Comparison of the Role of the State in Mastering the Mores in the Netherlands and the United States (2000)

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About the book:
‘The purpose of this volume is to compare the experiences of state efforts to control moral behavior in two countries (The Netherlands and the United States of America) by exploring the historical developments in regulating morality and the contemporary efforts to implement moral policies. The volume opens with an overview of the theoretical and historical setting of the debate about moral developments in the Netherlands and the United States. Various hypotheses are then tested by comparing the histories of prostitution and abortion policies in both countries in the nineteenth and twentieth centuries, the jurisprudence and legislation with respect to euthanasia, and the course and contents of family law (divorce, adoption, homo marriage). Apart from the comparative aspect, these case studies are highly informative and fascinating to read in and by themselves.’

Table of contents:
‘Preface (Paul Cliteur) On Common Patterns and Compelling Differences: Introduction to Regulating Morality (Hans Krabbendam and Hans-Martien ten Napel) Part I Historical and Theoretical Framework The Moral State: How Much Do the Americans and the Dutch Differ? (James Kennedy) Legal Moralism, Liberal Legalism, and the Tangled Web of Law and Morality (Paul C.M. van Seters) Dutch Democracy: The Burden of the Sixties (Paul Cliteur and René van Wissen) The Ancients, the Moderns, and Morality (Andreas Kinneging) Part II Prostitution A Short History of American Prostitution and Prostitution Policy (David J. Langum) The History of Policing Prostitution in Amsterdam (Lotte van de Pol) Part III Abortion Cultural Individualism, Marginalized Policy, and Abortion in the United States (Raymond Tatalovich) Abortion in the Netherlands: The Successful Pacification of a Controversial Issue (Joyce Outshoorn) Part IV Euthanasia The Euthanasia Debate in the United States: Conflicting Claims about the Netherlands (Margaret P. Battin) Self-Regulation by the Dutch Medical Profession of Medical Behavior that Potentially Shortens Life (John Griffiths) Part V Family Law A Rendez-Vous in the Marketplace?: Transformations in Family Law in the United States (Janet L. Dolgin) The Influence of the 1960s on Developments in Family Law in the United States and the Netherlands (Gerda A. Kleijkamp) Notes on Contributors.’

Order information:

http://www.maklu.be/MakluEnGarant/BookDetails.aspx?ID=9789062157365;

http://www.bol.com/nl/p/regulating-morality/1001004010189762/

A Test of Faith? Religious Diversity and Accommodation in the European Workplace

Pleased to learn, upon my return from vacation, that the above book, edited by Katayoun Alidadi, Marie-Claire Foblets and Jogchum Vrielink, all at the Catholic University of Leuven, Belgium, is now available from Ashgate Publishing. The flyer of the book, to which I contributed a chapter entitled ‘Beyond Lautsi: An Alternative Approach to Limiting the Government’s Ability to Display Religious Symbols in the Public Workplace’, contains the following information: 

‘Religion and modernity meet in the European workplace. The implications are many and varied. The contributions to this timely volume are concerned with the legal dimensions of these encounters. They merit very careful scrutiny.’ – Grace Davie, University of Exeter, UK

‘Throughout Europe, religion in the workplace is perceived as self-evident in some contexts, and as hugely problematic in others. The increasing number of legal scholars and practitioners who confront this issue, will find in this book numerous pathways along which to form their own legal opinion, and to help shape the as yet undecided legal approaches in many European countries.’ – Eva Brems, Ghent University, Belgium

Issues of religious diversity in the workplace have become very topical and have been raised before domestic courts and the European Court of Human Rights. Examining the controversial and constantly evolving position of religion in the workplace, this collection brings together chapters by legal and social science scholars and provides a wealth of information on legal responses across Europe, Turkey and the United States to conflicts between professional and religious obligations involving employees and employers.

Contributors: Katayoun Alidadi, Marie-Claire Foblets, Jogchum Vrielink, Lucy Vickers, Saïla Ouald Chaib, Kristin Henrard, Hans-Martien ten Napel, Titia Loenen, Yves Stox, Mine Yildirim, Rim-Sarah Alouane, Efrat Tzadik, Gabrielle Caceres, Amandine Barb, Julie Ringelheim.

To order, please visit: www.ashgate.com. All online orders receive a discount. Alternatively, contact our distributor: Bookpoint Ltd, Ashgate Publishing Direct Sales, 130 Milton Park, Abingdon, Oxon, OX14 4SB, UK. Tel: +44 (0)1235 827730 Fax: +44 (0)1235 400454. Email: ashgate@bookpoint.co.uk.

August 2012, 382 pages, Hardback, 978-1-4094-4502-9, £75.00, www.ashgate.com/, isbn/9781409445029. Sample pages for published titles are available to view online at: www.ashgate.com

Contents: Introduction; Part I European Components of the Religion and Workplace Debate: Section I Religion, Workplace Accommodations and the Case Law of the European Court of Human Rights: Section II New Player Joining In: the European Union and Religious Discrimination: Part II Identity, Neutrality, Secularism: Case Studies and Comparative Perspectives: Section I Country Studies: Turkey, France and Belgium: Section II Comparative Perspectives In the Public and Private Workplace: Index.

Full contents listing is available on the website: http://www.ashgate.com/default.aspx?page=637&calctitle=1&pageSubject=501&title_id=11755&edition_id=15297 .’