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For more than a century scholars of central and western mainland Southeast Asia have sought to characterise the status ofdhammasattha— the predominant genre of written law from the region before colonialism — and define its authority vis-à-vis Pali Buddhism. For some,dhammasatthatexts represent a predominantly 'secular' or 'customary' tradition, while for others they are seen as largely commensurate with, if not directly derived from, the religio-political ideas of a cosmopolitan and purportedly canonical 'Theravāda'. However, scholarship has yet to investigate the way that regional authors during the late premodern period themselves understood the character and legitimacy of written law. The present article examines seventeenth through nineteenth-century Burmese narratives concerning the genealogy and status ofdhammasatthato advance a pluralist conception of the relationship between law and religion in Southeast Asian history. This analysis addresses a historical context where ideas concerning Buddhist textual authority were in the process of development, and where there were multiple and competing discourses of legal ideology in play. For elite monastic critics closely connected with royalty,dhammasatthastood in problematic relation to authoritative taxonomies of scripture, and its jurisprudence was seen to contradict authorised accounts of the origin and nature of Buddhist law; the genre thus required reform to be brought into alignment with what were construed as orthodox legal imaginaries. The principal hermeneutic move these monastic commentators performed to achieve this involved redescribingdhammasatthain light of such accounts as a variety of Buddhist royal legislation and written law as the prerogative of the Buddhist state.

In this article, we aim at presenting a critical reading of heterodox sources in the history of Western Law, that is to say, the corpus of medieval monastic rules. In this way, the text will be devoted to the interpretation of the Christian medieval rules of monastic life and, more specifi cally, the Franciscan usus pauper. On one hand, we propose to maintain the juridical aspect of the monastic rules and their importance as juridical sources. In that sense, we shall seek to show how the antinomistic position falls short of explaining the juridical value of the medieval regulae vivendi. On the other hand, by means of an analysis of Bernard of Clairvaux's theoretical contributions, we will try and demonstrate how the usus pauper of the medieval Franciscan monks cannot be considered as an attack to the economic structure of medieval Europe. On the contrary, it is possible to fi nd in the texts produced within the monastic realms, a refl exion upon the general system of economy where wealth is permitted to fi nd its legitimate character overcoming the dilemmas of usury. Finally, we would like to propose the possibility of considering these heterodox sources of medieval Law as the genealogical links of modern oikonomia conceived as the exercise of administrative power over human populations. ; En este artículo tenemos el objetivo de presentar una lectura crítica de fuentes heterodoxas en la historia del derecho occidental, a saber, las reglas monásticas medievales. De esta manera, el texto estará dedicado a la interpretación del fenómeno de las reglas monásticas cristianas y, en particular, del usus pauper franciscano. Por un lado, proponemos sostener el aspecto jurídico de las reglas monásticas y su importancia como fuentes jurídicas. En ese sentido, buscaremos mostrar cómo resulta insuficiente la posición antinomista que niega el valor jurídico de las regulae vivendi medievales. Por otro lado, a través de un análisis de las contribuciones teóricas de Bernardo de Claraval, se intentará mostrar cómo el usus pauper ...

Abstract
This essay aims at providing a critical glance on the legal "fault lines" between voice and silence; utterance and dumbness; disclosure and mystery; discernability and ambiguity. At a theoretical level, the arguments suggested intend to innovate the conventional discourse on legal traditions, focusing on their proper and complex morphosyntax. Specifically, the main purpose is to call forth the haunted ventriloquism which animates and informs legal traditions in order to disfigure the ideological image portrayed for a legitimating project. On this ground what is proposed is an original understanding of the politics of memories, conceived as the inner force, which codifies heterogeneous canons of commemoration. The poles of usual contrapositions (memory/forgetting; remembrance/silencing) are questioned and scrutinized; the multiple facets of the voices of memory and the silence of oblivion are taxonomically typified. The proposed paradigm is consequently applied to the particularities of the English Legal Tradition, emphasizing how the culture of legal revelling dramatized the ambiguities concealed in the speakable word of Law: on the one hand, the internal articulation of these sumptuous festivities, which structurally reflected the osmotic threshold between speech and faintness, utterance and dumbness; on the other, it has been noted that Revels made patent the meaningful silence implied in the proper other face of the conventional appearance of Law, that is in its suspension or in its exception. Conclusive remarks are devoted to analyse the nexus among word, interpretation, and violence in Robert Cover's thought. In this perspective the essay debates on the silent sacrifice behind the supposed creative act of judicial interpretation and intellectually claims for a counter-resistant act of unveiling heterodoxy.

This article argues for two theses: first, that Plato's Apology is not directed to the Athenian public in general, but to an elite audience. Second, that because of this fact, the argument advanced by Vlastos that the Apology must be close to the historical defence of Socrates, because Plato could not present a fictional Socrates to his compatriots, is not compelling. The paper looks at the way Plato's Socrates responds to the religious charges and concludes that he successfully refutes the charge of atheism (Apology 26b–27a) but evades the charge of heterodoxy. Although sufficient from a legal point of view and from the perspective of a highly educated audience, Socrates' defence against the religious charges is actually ineffective from the point of view of the average Athenian. Burnyeat is therefore right to say that the Athenians correctly convicted Socrates of heterodoxy. This fact, along with Ledger's recent stylometric evidence which places the Apology in 387 BC, effectively making it a middle dialogue, indicates that the work may never have been meant as a reasonably close reiteration of what Socrates said in his trial. On the question of the historicity of the Apology, then, the only reasonable response is to remain agnostic.

Barren Women is the first scholarly book to explore the ramifications of being infertile in the medieval Arab-Islamic world. Through an examination of legal texts, medical treatises, and works of religious preaching, Sara Verskin illuminates how attitudes toward mixed-gender interactions; legal theories pertaining to marriage, divorce, and inheritance; and scientific theories of reproduction contoured the intellectual and social landscape infertile women had to navigate. In so doing, she highlights underappreciated vulnerabilities and opportunities for women's autonomy within the system of Islamic family law, and explores the diverse marketplace of medical ideas in the medieval world and the perceived connection between women's health practices and religious heterodoxy. Featuring copious translations of primary sources and minimal theoretical jargon, Barren Women provides a multidimensional perspective on the experience of infertility, while also enhancing our understanding of institutions and modes of thought which played significant roles in shaping women's lives more broadly

Barren Women is the first scholarly book to explore the ramifications of being infertile in the medieval Arab-Islamic world. Through an examination of legal texts, medical treatises, and works of religious preaching, Sara Verskin illuminates how attitudes toward mixed-gender interactions; legal theories pertaining to marriage, divorce, and inheritance; and scientific theories of reproduction contoured the intellectual and social landscape infertile women had to navigate.

In so doing, she highlights underappreciated vulnerabilities and opportunities for women's autonomy within the system of Islamic family law, and explores the diverse marketplace of medical ideas in the medieval world and the perceived connection between women's health practices and religious heterodoxy.

Featuring copious translations of primary sources and minimal theoretical jargon, Barren Women provides a multidimensional perspective on the experience of infertility, while also enhancing our understanding of institutions and modes of thought which played significant roles in shaping women's lives more broadly.

This monograph has been awarded the annual BRAIS – De Gruyter Prize in the Study of Islam and the Muslim World.

This article uses the career and writings of feminist psychoanalyst Beatrice M. Hinkle (1874-1953) to explore the impact of psychological thinking on American feminism in the immediate presuffrage and postsuffrage era. Feminism (as distinct from suffragism) first emerged in the United States prior to World War I. Its early adherents, many of whom such as Hinkle belonged to New York City's feminist network, the Heterodoxy Club, used psychoanalytic insights to broaden the definition of the political to include inner personal emancipation and to further women's gains in the postsuffrage period. Hinkle's psychoanalytically informed feminism questioned the significance of formal legal equality alone and prefigured the notion of the personal as political, usually associated primarily with the rebirth of feminism in the 1960s. Her writings constitute an important, if little known, chapter in the intellectual history of modern American feminism.

Abstract. Nobel Laureate James Buchanan and his colleagues and followers have applied the tools and methods of neoclassical economics to the study of politics, developing the theory of Public Choice, the economic study of non market decision‐making. In an effort to subject this hypothetical system to empirical validation, it is confronted with the phenomena of Ayatollah Khomeini's"ideal"Islamic State as described in the leader of Iranian theocracy's writings and as developed in contemporary Iran. The prophet Muhammad recognized no separation of politics and religion, of church and state. Faith in Islam required faith not only in the oneness of God and Muhammad's prophethood but also in the prophet's religious, moral, legal and political commands. Khomeini's revolutionary heterodoxy views his theocratic despotism as establishing the rule of the "just jurists"—the upper echelons of the clergy—and makes them and property owners the beneficiaries. Thus it is not "class neutral" as Public Choice theory requires.

Cover -- Table of contents -- A Dedication to Richard Bonney (1947-2017) -- Acknowledgements -- Introduction -- How Religious Freedom Became a Natural Right: The Case of Post-Reformation England (John Coffey) -- Tolerable and Intolerable Local Practices of Religion during the English Interregnum (Fiona McCall) -- The Political Arithmetic of Transmutation: Heterodoxy and Political Economy in Sir William Petty (1623-1687) (Shannon Stimson) -- Where Liberalism Begins and Toleration Ends: Locke on Atheism and Rawls on the 'Unreasonable' (Alex Tebble) -- Mutual Toleration in the English Churches: Legal Devices to Enforce Perceived Orthodoxy in Denominational Space (Augur Pearce) -- From Toleration to Religious Freedom to Toleration Again? A Historical Reflection on the Swiss Case (Sixteenth to Twenty-First Centuries) (Sarah Scholl) -- Toleration and Religious Otherness in the Early Enlightenment and Contemporary Europe (Kaisa Iso- Herttua) -- Different yet Similar: Croatian Experiences of the Integration of Its Islamic Community into Society (Mirela Krešić) -- Lutheran Legacies and the Politics of Migration: Reformation Resources for a Contemporary Conundrum (Hans Leaman) -- Toleration and Religious Freedom: From Cross-Disciplinary to Cross-Faith and Worldview (E. S. Kempson) -- Notes on Editors -- Notes on Contributors -- Index.

Rebellions bringing together peasant-pastoralists, local dignitaries, and a few Sayyids prevented the Safavid monarchs from effectively controlling the political and economic activities in the province of Astarabad until the late sixteenth century. This paper investigates the nature of these rebellions led by the siyāh pūshān (wearers of black), and the socio-economic background and religious leanings of these rebels and their diverse allies. It also pays special attention to Astarabad's Sayyids, their intellectual formation, and their distinct approaches to the Safavid state from the early sixteenth century until the late 1570s when the uprisings lost much of their vigor. While heterodoxy may have been part of Astarabad's religious landscape, there is no evidence that it had a significant manifestation in the Siyah Push movement. More importantly, urban Shiʿi doctrinal and legal traditions had profound roots in Astarabad, nurtured by the Sayyids and promoted by the Betekchi dignitaries prior to the rise of the Safavids. This is significant given the fact that a group of Sayyids from Astarabad (especially the town of Fenderesk) were directly involved in the insurgency against the early Safavids.

Several controversies have emerged in recent years regarding the nature of the blasphemy law in the religious life of the Indonesian democratic society. In April 2010, the Indonesian Constitutional Court ruled out that it intends to restrict the freedom of religion and religious expression. The court further argues that even if the law has an unintended effect of restricting the freedom of religion or religious expression, it is not against the constitution since the 1945 Constitution is accompanied by a legal restriction to respect or preserve religious values in particular, as well as morality, security and public order. However, the debates and tensions within society regarding the implementation of this law continue unabated. Through an analysis of legal content and its implementation, I argue that the blasphemy law of 1965 initially aims to hinder the development of the local spiritual belief stream or Javanese mystical groups, which to some extent are considered by Muslims in particular as a threat to existing religions and a source of disintegration of the country. Further, I maintain that the existence of the above-mentioned law has the tendency to restrict the number of religions officially acknowledged by the State and to repress "dissident" or "heterodox" religious movements. As a consequence, the blasphemy law of the 1965 is rather used to restrict the freedom of religion and belief in the broad sense. ; Plusieurs controverses sont apparues ces dernières années concernant la nature de la loi sur le blasphème dans la vie religieuse de la société démocratique indonésienne. En avril 2010, la Cour constitutionnelle indonésienne a établi une décision que cette loi ne correspondait pas à la restriction de la liberté de religion et d'expression en matière religieuse. Si cette loi a bien pour objectif de restreindre en la matière, selon la Cour, cela ne signifie pas que cette forme de restriction est inconstitutionnelle dès lors que la Constitution de 1945 en vigueur s'accompagne d'une restriction légale au ...