One of the most welcome aspects of this collection of writings on law and religion is the level of co-operation and shared commitment demonstrated in the desire to achieve a volume of such diverse perspectives. What makes this book unique, and may also have contributed to the sense of collaboration and common purpose, is that it originates from a distinctively Australian context, the initial inspiration being a seminar series and workshop at the University of Wollongong in 2007–2008. The authors include scholars and religious leaders who share a common concern that issues in the contemporary debate about the place of religion in public life should be brought to a wider intellectual audience. As a consequence, this book is not solely for those involved in the study of law and religion but is written in a way accessible to those working in a range of other disciplines including social sciences, theology and politics. The book focuses on the main Abrahamic religions and national law from a number of jurisdictions, especially Australia. It is in four parts with an introduction and substantial afterword. Five of the book's thirteen chapters address contemporary issues in Australia.
In Part One ‘Law, state and secularism’, Darryn Jensen quickly moves the reader beyond the narrow confines of church–state classifications. Initially, using the European context, he investigates how pluralism has allowed a variety of state postures towards religion, before discussing its limits in relation to constitutional litigation involving the Jehovah's Witnesses under both Australian and US law. Richard Mohr's chapter is historical and endeavours to reveal how the main constitutional doctrines underpinning democracy are of Christian origin. A very welcome feminist perspective is brought by Margaret Davies, who argues that ‘a pluralist or participatory secularism is in the interests of promoting diversity, and allowing dissent to emerge both within and beyond religious communities’ (p 53). She is both firm and fair in her criticism of traditional organised religion's male-dominated hierarchies and their propensity to perpetuate patriarchal discrimination. While accepting that conservative discourses can work against women, she concludes with a model of pluralist secularism, arguing that excluding the religious voice from public space can disempower dissident voices as well as provide a ‘secular cover story for – frequently conservative – religiously motivated public actors’ (p 65).
The contributors to Part Two, ‘Religion and speech in a pluralist society’, argue in favour of the religious voice being heard in a democratic and plural society. The themes are relevant to the Australian context: this is a country that has one of the most ethnically diverse populations and is dynamic in implementing multicultural policies. Katharine Gelber provides a comprehensive overview of anti-vilification laws in Australia but questions their success in combating religious hatred. Massimo Leone examines the symbolic and value-laden ‘legal ideologies’ present in the language of freedom of religion disputes. Frank Brennan's concern is for a greater accommodation of Australian Muslims. His is the only contribution to make reference to Aboriginal culture: in a book from an Australian perspective, it might have been expected that this aspect would feature more widely.
Collectively, the arguments presented in the very different topics discussed in Part Three, ‘Religion as a factor in legal processes and decisions’, demonstrate that the religious voice can have a beneficial and potentially important role in public discourse. In considering the law's response to terrorism, Nadirsyah Hosen attempts to locate and dispute the relationship between religion and terrorism, currently a lively topic of public debate in Australian society since the Sydney hostage crisis at the end of 2014. Cassandra Sharp's discussion of atonement in Christian thought is both conceptual and historical and alerts the reader to the availability of theological veins of thought that can critique contemporary notions underpinning systems of justice. Paul Babie offers a prophetic piece passionately arguing that a Christian narrative of sacrifice has something positive to offer modern liberal understandings of private property and can help reshape the choices needed to combat climate change. While it is unlikely that these authors expect complete adoption of their ideas, democratic deliberation is enhanced through public engagement with them.
Part Four, ‘Negotiating religious law and personal beliefs’, recognises that religions have their own internal legal systems and considers how, in very specific circumstances, they interact with national law and the desire to maintain a notion of the rule of law applicable to all citizens. Jeremy Lawrence provides an informative account of Jewish law in the Australian context, particularly explaining the sources of Jewish legal practice and the place and purpose of the beth din. Mohamad Abdalla considers the narrow topic of the institution of ifta (an act of issuing a fatwa (legal opinion) by an authoritative consultant in matters of law) and whether Australian Muslims need a mufti to do so. The juxtaposition of these two chapters illustrates the technical intricacy of two parallel religious legal systems with concepts and procedures that can make inter-religious dialogue difficult.
The ‘Afterword’, which attempts to bring together issues raised in the foregoing chapters, could have been more incisive. It is over-reliant on a 2008 report by Bouchard and TaylorFootnote 1 and contains an extended discussion of legal pluralism, including a description of the millet system under the Ottoman Empire, which could itself have been a chapter. Nevertheless, the common vision of this volume is to encourage dialogue with religions and between religions. Its strength is its diversity, which shows how the religious voice can speak through democratic pluralism to a wider public, and it raises questions of how models of pluralism can more readily accommodate religion. It will reach a liberal readership but it should also reach those in organised religions who may need to do things to accommodate accommodation.
