How can religious liberty be guaranteed in societies where religion pervades everyday life? In "The Wheel of Law," Gary Jacobsohn addresses this dilemma by examining the constitutional development of secularism in India within an unprecedented cross-national framework that includes Israel and the United States. He argues that a country's particular constitutional theory and practice must be understood within its social and political context. The experience of India, where religious life is in profound tension with secular democratic commitment, offers a valuable perspective not only on questions of jurisprudence and political theory arising in countries where religion permeates the fabric of society, but also on the broader task of ensuring religious liberty in constitutional polities.
India's social structure is so entwined with religion, Jacobsohn emphasizes, that meaningful social reform presupposes state intervention in the spiritual domain. Hence India's "ameliorative" model of secular constitutionalism, designed to ameliorate the disabling effects of the caste system and other religiously based practices. Jacobsohn contrasts this with the "visionary" secularism of Israel, where the state identifies itself with a particular religion, and with America's "assimilative" secularism.
Constitutional globalization is as much a reality as economic globalization, Jacobsohn concludes, and within this phenomenon the place of religion in liberal democracy is among the most vexing challenges confronting us today. A richly textured account of the Indian experience with secularism, developed in a broad comparative framework, this book is for all those seeking ways to respond to this challenge.
"An important effort to understand Indian secular constitutionalism in a comparative perspective. Scholars of comparative constitutional law, religion and law, multiculturalism, and Indian law and statecraft will benefit from critically engaging with its contributions."--Narendra Subramanian, Law and Politics Book Review "The Wheel of Law is a most impressive achievement, thorough in research, astute in insights, and almost dazzling in execution and authorial resourcefulness. Deftly weaving together constitutional history, judicial logic, political development, and philosophical deliberation, this book is not merely a contribution to the discourse; it illuminates, and, in many ways, changes it."--Ahrar Ahmad, Perspectives on Politics
*FrontMatter, pg. i*Contents, pg. vii*Preface, pg. xi*Acknowledgments, pg. xvii*Chapter One. Introduction, pg. 1*Chapter Two. Nations and Constitutions, pg. 21*Chapter Three. Secularism in Context, pg. 54*Chapter Four. India: The Ameliorative Aspiration, pg. 91*Chapter Five. Religion, Politics, and the Failure of Constitutional Machinery, pg. 125*Chapter Six. Corrupt Practices, pg. 161*Chapter Seven. Adjudicating Secularism: Political Liberalism or Religious Revivalism?, pg. 189*Chapter Eight. So You Want a (Constitutional) Revolution? Lessons from Abroad, pg. 227*Chapter Nine. Conclusion, pg. 265*Bibliography, pg. 291*Index, pg. 311
Tertiary; University or College
Number Of Pages: 344
Published: 3rd April 2005
Publisher: Princeton University Press
Country of Publication: US
Dimensions (cm): 22.86 x 15.24
Weight (kg): 0.5