Paper presentation during panel on ‘Religion & Pluralism in a Changing World’, BYU Law School, Provo, Utah

From October 1-3, 2017, the 24th Annual International Law and Religion Symposium was held at Brigham Young University Law School in Provo, Utah, USA. The Symposium was attended by 100 participants, from 50 different countries, while interpretation at the venue was available in 11 languages (Arabic, French, Italian, Korean, Laotian, Mongolian, Portuguese, Russian, Spanish, Ukrainian, and Vietnamese).

During the Symposium I had the honor of presenting a paper during the panel on ‘Religion & Pluralism in a Changing World’, and to find my recent book on Constitutionalism, Democracy and Religious Freedom. To Be Fully Human exhibited on the book table.

During the final session of the Symposium my book was generously presented by Prof. Brett G. Scharffs, Director of the International Center for Law and Religion Studies, as one of several new ‘Books of Note’.

Before the official start of the conference, delegates attended a session of the General Conference of The Church of Jesus Christ of Latter-day Saints in Salt Lake City, and heard the Mormon Tabernacle Choir perform their weekly broadcast Music and the Spoken Word.

See for more information about the Symposium:

Upcoming Speaking Engagement: 24th Annual International Law and Religion Symposium, Brigham Young University, Provo, Utah, 1-4 October 2017

See also:

Twelve posts introducing my new book on Constitutionalism, Democracy and Religious Freedom. To Be Fully Human

Press Release: ‘Hans-Martien ten Napel has book published “Constitutionalism, Democracy and Religious Freedom. To Be Fully Human”’

Visit Amazon’s Hans-Martien ten Napel Page

Secretary, Board of Trustees, Stichting De Honderd Gulden Reis (George Puchinger Foundation) (1999 – Present)

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‘Introduction
Stichting De Honderd Gulden Reis was founded by the Reformed historian dr. G. Puchinger on 23 September 1996. Since his death in 1999, this Foundation has been governed by a board of trustees.

What can you apply for?
Grants for studies abroad (travel, study and/or accomodation expenses) by students or graduates of (art) history, the arts, law, theology or philosophy at one of the Dutch universities, hogeschool or similar institution. The grants are intended for those who have an affinity with the Protestant-Christian tradition or with studies that relate to Protestant Christianity.

Conditions

The Stichting only deals with a request if it satisfies each of the following four conditions:
1. The applicant receives an education at a Dutch university, or has done so and wants to broaden his/her horizon.
2. The applicant is a student or a graduate in (art) history, the arts, law, theology or philosophy.
3. The applicant and/or study deals with Protestant Christianity.
4. The study in question is offered outside the regular Bachelor or Master curriculum.

Who can apply?
Students or graduates in (art) history, the arts, law, theology or philosophy at a Dutch university or similar institution, in particular they who have an affinity with the Protestant-Christian tradition.

How to submit a request.
We would like to receive your application through email. In addition to your email and this request form, please enclose a budget estimate and a curriculum vitae. The extent to which you want to study Protestant Christianity and/or have affinity with the Protestant-Christian tradition must appear from the written motivation as submitted in the application form.’

See for more information, and to download the application form, here:

http://www.hdc.vu.nl/nl/over-het-hdc/stichtingen/honderdgulden/Honderguldenengels.aspx.

Upcoming Speaking Engagement: The Cardiff Festival of Law and Religion 2016

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‘Registration is now open for the Cardiff Festival of Law and Religion on May 5th and 6th at Cardiff University. This celebrates the twenty-fifth anniversary of the LLM in Canon Law at Cardiff University, the first degree of its type in a British University since the Reformation.

A number of events are being held to reflect upon how the study of Law and Religion has developed over the last twenty-five years and the likely future trajectory. This includes the 2016 Law and Religion Scholars Network (LARSN) Conference, a keynote address by Professor David Little, a celebratory dinner and the launch of F Cranmer, M Hill, C Kenny and R Sandberg (ed) The Confluence of Law and Religion: Interdisciplinary Reflections on the Work of Norman Doe (Cambridge University Press, 2016).’

The paper I will be presenting is entitled: ‘The “New Critics of Religious Freedom” and the Inspiration they Unintentionally Provide’:

The ‘New Critics of Religious Freedom’ have become increasingly vocal of late. The first part of the proposed paper will summarise their main criticisms, some of which contain a considerable amount of truth, such as that the right to freedom of religion or belief has historically been heavily influenced by Christianity in general and Protestantism in particular.

The second part of the paper will argue that at first sight there also appears to be one major downside to the criticisms. As it turns out to be hardly possible to isolate the right to freedom of religion or belief from the general idea of a democratic constitutional state, what the critics are really questioning is the current state of Western liberal democracy as a whole.

The third part of the paper will propose that the reason for this close connection between religious freedom and the democratic constitutional state lies in the fact that the latter has clearly been influenced by Christianity as well. Still, the new critics of religious freedom may on closer inspection also serve as a source of inspiration for a necessary, theologically driven reform of the central tenets of liberal democracy as it has developed in recent decades.

For the full program of the Festival, see: http://www.law.cf.ac.uk/clr/networks/The%20Cardiff%20Festival%20for%20Law%20and%20Religion%20Full%20Programme.pdf.

For registration, and other information, see: http://www.law.cf.ac.uk/clr/.

Participant, Conference on Law and the Culture of Liberty, James Madison Program (May 18-19, 2015)

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This Robert J. Giuffra ’82 Conference was co-sponsored by The Association for the Study of Free Institutions, Texas Tech University and the Bouton Law Lecture Fund:

‘What is the relationship among law, culture, and human freedom? Is freedom to be found primarily where law is kept to a minimum and culture is therefore mostly the spontaneous reflection of the choices of largely autonomous individuals? Or does true freedom require law to provide a kind of moral discipline, a habituation in the virtues, with a view to promoting a culture in which freedom is directed toward the ourishing of our nature, and not just toward whatever may appear desirable to the individual? To what extent can law shape culture in this way, and to what extent is it rather shaped by a culture that already exists?

In order to foster re ection on these issues, the James Madison Program in American Ideals and Institutions and the Association for the Study of Free Institutions are pleased to announce a conference entitled “Law and the Culture of Liberty.” The program includes scholars from a variety of disciplines in the social sciences and humanities. We seek to address a number of questions. What is the proper relationship between law and liberty in the natural-law jurisprudence of John Finnis and his colleagues? To what extent does our ourishing according to nature require freedom from legal constraint, and to what extent does it require the discipline of legal sanctions? How does contemporary American popular culture shape our understanding of law and liberty? Is pop culture a powerful force for freedom, or does it undermine the virtues of character and mind necessary for the preservation of the free society? What is the role of marriage in fostering a culture of liberty? To what extent does a healthy marriage culture require the support of law? What is the role of freedom of thought and speech in maintaining a free and decent culture? Should law permit an untrammeled right of self-expression, or must it rather set limits on what may be said in order to protect civility and other important social values? Most fundamentally, can we attain rational knowledge of the true character of law, of culture, and of liberty, and of their proper relation to one another?’

For source, and conference schedule, see:

http://web.princeton.edu/sites/jmadison/calendar/documents/Program%202015%20051819%20May%20Conf.pdf.

About the James Madison Program:

‘Founded in the summer of 2000, the James Madison Program in American Ideals and Institutions in the Department of Politics at Princeton University is dedicated to exploring enduring questions of American constitutional law and Western political thought. The Program is also devoted to examining the application of basic legal and ethical principles to contemporary problems. To realize its mission, the James Madison Program implements a number of initiatives. The Program awards visiting fellowships and postdoctoral appointments each year to support scholars conducting research in the elds of constitutional law and political thought. The Program supports the James Madison Society, an international community of scholars, and promotes civic education by its sponsorship of conferences, lectures, seminars, and colloquia. The Program’s Undergraduate Fellows Forum provides opportunities for Princeton undergraduates to interact with Madison Program Fellows and speakers. The success of the James Madison Program depends on the support of foundations and private individuals who share its commitment in advancing the understanding and appreciation of American ideals and institutions.’

Participant, The Ninth Annual John F. Scarpa Conference on ‘Catholic Legal Theory: Aspirations, Challenges, and Hopes’, Villanova University School of Law (2015)

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‘The Ninth Annual John F. Scarpa Conference on Law, Politics, and Culture will explore the topic “Catholic Legal Theory: Aspirations, Challenges, and Hopes.” The symposium will take place on Friday, April 24, from 9:15 a.m. to 4:15 p.m., in Room 201 of the Law School. This program is approved by the Pennsylvania Continuing Legal Education Board for 5 CLE credits (4 substantive, 1 ethics). (…)

CONFERENCE AGENDA

Welcome and Introduction: 9:15 a.m.

Patrick McKinley Brennan, Professor of Law and John F. Scarpa Chair in Catholic Legal Studies, Villanova University School of Law

Session 1: 9:30-10:45 a.m.

Robert Vischer, Dean and Mengler Chair in Law, University of St. Thomas School of Law: “How Should Catholic Legal Theory Matter to Catholic Legal Eduction in a Time of Retrenchment?”

John Breen, Professor of Law, Loyola University Chicago School of Law: “Catholic Legal Theory in Catholic Law Schools: Past and Present”

Elizabeth Schiltz, Professor, Thomas J. Abood Research Scholar, and Co-Director of the Terrence J. Murphy Institute for Catholic Thought, Law and Public Policy, University of St. Thomas School of Law: “‘You Talkin’ to Me?’ Who Are We Talking to? And Why Should They Listen to Us?”

Break

Session 2: 11:00 a.m.-12:15 p.m.

Michael A. Scaperlanda, Professor of Law and Gene and Elaine Edwards Family Chair in Law, The University of Oklahoma College of Law: “Challenging the Common Assumptions regarding Liberty”

Michael Moreland, Vice Dean and Professor of Law, Villanova University School of Law: “Pope Francis and the Project of Catholic Legal Theory”

Patrick McKinley Brennan: “Problematics of Catholic Legal Theory under the Roman Regime of Novelty (since 1965 or so)”

Lunch

Session 3: 1:15-2:45 p.m.

Thomas C. Berg, James L. Oberstar Professor of Law and Public Policy, University of St. Thomas School of Law: “The Relevance and Irrelevance of the Reformation to the Catholic Legal Theory Project”

Marc O. DeGirolami, Associate Professor of Law & Associate Dean for Faculty Scholarship, St. John’s University School of Law: “Tradition and Catholic Legal Theory”

Susan Stabile, Professor of Law and Faculty Fellow for Spiritual Life, University of St. Thomas School of Law: “Evangelii Gaudium and Catholic Legal Theory”

Kevin C. Walsh, Associate Professor of Law, University of Richmond School of Law: “Marius Victorinus at MOJ”

Break

Roundtable: 3:00-4:15 p.m.
The Catholic Legal Theory Project: Concepts and Goals

The annual Conference on Law, Politics, and Culture is named for John F. Scarpa, in recognition of his generous support of Villanova University School of Law through the John F. Scarpa Chair in Catholic Legal Studies.’

Source: https://www1.villanova.edu/villanova/law/newsroom/webstories/2015/0325.html.

About Villanova University:

‘Villanova University is a Roman Catholic institution of higher learning founded by the Order of Saint Augustine in 1842. Villanova provides a comprehensive education rooted in the liberal arts; a shared commitment to the Augustinian ideals of truth, unity and love; and a community dedicated to service to others.’

Commentator, Conference on ‘Religion, Rights, and Institutions’, Princeton University (2014)

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‘The Conference on Religions, Rights, and Institutions will focus on how institutional design, of both religions and political regimes, affects the relationship between religious practice and activity and human rights. It will examine how the internal organization (formal and informal structures and rules) of religions and religious communities affect therights of members of religious communities and the functioning of religion as a source of human rights. It will investigate the scope of, and limits upon, a just state’s authority to compel changes in the internal aspects of organized religion in the name of human rights. Among the questions it will ask is how do social and political institutions shape religious behavior and affect the human rights of members of religious communities and the society at large.

The conference is co-sponsored by Princeton University’s Program in Law and Public Affairs and the Israel Democracy Institute. It will take place on November 23-24, 2014. Attendance is by invitation only.’

My contribution took place during Session 8 (‘Secular Carve-outs in a Religious World; Religious Carve-outs in a Secular World’. Check out the full conference schedule here:

https://lapa.princeton.edu/content/religions-rights-and-institutions.

Chapter in volume on Religion, Politics and Law. Philosophical Reflections on the Sources of Normative Order in Society (2009)

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‘Modern, liberal democracies in the West living under the rule of law and protection of human rights cannot articulate the very values from which they derive their legitimacy. These pre-political and pre-legal preconditions cannot be guaranteed, let alone be enforced by the state, but constitute nevertheless its moral and spiritual infrastructure. Until recently, a common background and horizon consisted in Christianity, but due to secularisation and globalisation, society has become increasingly multicultural and multireligious. The question can and should be raised how religion relates to these sources of normative order in society, how religion, politics and law relate to each other, and how social cohesion can be attained in society, given the growing varieties of religious experiences. In this book, a philosophical account of this question is carried out, on the one hand historically from Plato to the Enlightenment, on the other hand systematically and practically.’

My own chapter, co-authored with Florian H. Karim Theissen, is entitled ‘Taking Pluralism Seriously: The US and the EU as Multicultural Democracies’.

See https://www.researchgate.net/publication/228283908_Taking_Pluralism_Seriously_The_US_and_the_EU_as_Multicultural_Democracies.

For order information, visit http://www.brill.com/religion-politics-and-law;

or http://www.amazon.com/Religion-Politics-Law-Bart-Labuschagne/dp/9004172076/ref=sr_1_1?ie=UTF8&qid=1452689366&sr=8-1&keywords=religion%2C+politics%2C+law+labuschagne.

Chapter in volume on Law and Religion in the 21st Century. Relations between States and Religious Communities (2010)

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‘This book brings together leading international scholars of law and religion to provide an overview of current issues in State-religion relations. The first part of the collection offers a picture of recent developments in key countries and regions. The second part is focused on Europe and, in particular, on the Nordic States and the post-communist countries where State-religion systems have undergone most profound change. The third and final part is devoted to four issues that are currently debated all over the world: the relations between freedom of expression and freedom of religion; proselytism and the right to change religion; the religious symbols; and the legal status of Islam in Europe and Canada.
The work will be a valuable resource for academics, students and policy-makers with an interest in the interaction between law and religion.’

My own chapter, co-authored with Florian H.K. Theissen, is entitled: ‘The European Court of Human Rights on religious symbols in public institutions – a comparative perspective: maximum protection of the freedom of religion through judicial minimalism?’.

Order information:

http://www.ashgate.com/isbn/9781409411437.

 

Member, Editorial Board, Journal for Religion, Law and Policy

Tijdschrift voor Recht, Religie en Beleid

Recently, I joined the editorial board of the Tijdschrift voor Religie, Recht en Beleid (TvRBB):

‘The Tijdschrift voor Religie, Recht en Beleid (TvRRB) [The Journal for Religion, Law and Policy] is an independent review. It provides a platform for debate, and for informing professionals and public opinion on issues at the intersection of religion, law and policy. TvRRB welcomes high-quality academic contributions written in an accessible style. It is open to a variety of disciplinary backgrounds and diversity of opinions.
TvRRB is a joint initiative of Boom Legal Publishers and FORUM, the Institute for Multicultural Affairs.’

For more information on the journal, see: http://www.boomlemmatijdschriften.nl/tijdschrift/religierechtenbeleid/2015/2.

Paper-presentation ‘Imaginations From the Other Side. Assessing the Juncture between Law, History and Sociology in the Study of State-Religion Interlocutions’

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The paper, co-authored with Leonard van ‘t Hul,  was presented during the inaugural conference of the International Society of Public Law on ‘Rethinking the Boundaries of Public Law and Public Space’, Florence, Italy, June 26-28, 2014.

See for more information: http://icon-society.org/site/conference.