Dear list members,
There will be a talk on Buddhism and law at 2:00-3:00pm on Friday July 6
in the Staff Board Room, Level 2, UNSW Law Building, University of
New South Wales, Sydney. For further details, click here.
We hope you can attend.
Kind regards,
AABS Executive
Why Religious Supremacy Clauses Don’t Work: Buddhism,
Secularism and the Pyrrhic Constitutionalism of Sri Lanka
Recent scholarship on religion and constitutional law tends to
characterize religious supremacy clauses – clauses that give special
status or protections to one or more religions – as either regressive or
unjust. They are considered regressive because they seem to refuse the
presumed secularity of modern law; they are considered unjust because
they seem to give unfair political or economic advantages to members of
the preferred religious group(s). Yet, are these characterisations
accurate? Are religious supremacy clauses always unequivocal boons for
the majority religious groups? Moreover, when it comes to religion, do
religiously preferential constitutions function differently from
non-preferential ones? Drawing on my recent book, and ongoing research, I
explore these questions in the context of Sri Lanka—a country that, for
the last four decades, has given Buddhism special constitutional status.
Though an analysis of Buddhist doctrine, monastic practices, legal theory
and methodological trends in comparative constitutional scholarship, the
speaker hopes to complicate existing wisdom about the effects of
religious supremacy clauses and to challenge the assumed binary
opposition between secular constitutions and religious preferential ones.
Benjamin Schonthal
is Associate Professor of Buddhism and Asian Religions at the University
of Otago, in New Zealand. His research examines the intersections of
religion, law and politics in late-colonial and contemporary Southern
Asia, with a particular focus on Buddhism and law in Sri Lanka. His work
appears in The Journal
of Asian Studies, Modern
Asian Studies, the International
Journal of Constitutional Law and other places. Ben's first
book, Buddhism,
Politics and the Limits of Law, appeared with Cambridge
University Press in 2016. His current project, supported by the Marsden
Fund of the Royal Society of New Zealand, examines the lived practices of
monastic law in contemporary Sri Lanka and their links with state-legal
structures.
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Gold leaf covered schist reliquary in
the form of a stupa. Kusana period, North Western India. National
Museum, Karachi, Pakistan. Copyright: Huntington, John C. and Susan L.Huntington Archive
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