Sharʿī norms and German Schools: Court Challenges to Participation in Swimming Lessons,School Trips and Sex Education

ABSTRACT

This article examines the treatment by German courts, from the early 1970s to 2016, of requests made by Muslims to be exempted from school activities for religious reasons. Based on a qualitative reading of 72 court rulings, the article demonstrates a shift in the courts’ decision-making, from initially tolerating Muslim requests for exemption to firmly denying them. Arguments from the court rulings are substantiated by an analysis of the public discourse on Muslims in German schools. The results suggest that the transformation of court attitudes corresponded with the rise of broader concerns about multiculturalism and manifestations of Islam in the public sphere, the liberalization of gender norms, and increasing secularism within German society. The article further demonstrates that, contrary to public perception, requests for exemptions from school activities were not a distinctly Muslim phenomenon. Christian families have challenged school activities in a similar way.     

How Civil Society Organisations Changed the Regulation of Clinical Trials in India

ABSTRACT

In 2005 India changed its pharmaceutical and innovation policy that facilitated a dramatic increase in international clinical trials involving study sites in India. This policy shift was surrounded by controversies; civil society organisations (CSOs) criticised the Indian government for promoting the commercialisation of pharmaceutical research and development. Health social movements in India fought for social justice through collective action, and engaged in normative reasoning of the benefits, burdens and equality of research. They lobbied to protect trial participants from structural violence that occurred especially in the first 5–6 years of the new policy. CSOs played a major role in the introduction of new regulations in 2013, which accelerated a decline in the number of global trials carried out in India. This activism applied interpretations of global social justice as key ideas in mobilisation, eventually helping to institutionalise stricter ethical regulation on a national level. Like government and industry, activists believed in randomised controlled trials and comparison as key methods for scientific knowledge production. However, they had significant concerns about the global hierarchies of commercial pharmaceutical research, and their impact on the rights of participants and on benefits for India overall. Pointing to ethical malpractices and lobbying for stricter ethical regulations, they aimed to ensure justice for research participants, and developed effective strategies to increase controls over the business side of clinical research.     

Globalization and the Evolution of Democratic Civil Society: Democracy as Spatial Discourse

At its core, the evolution of democratic civil society is a process of transcending existing, historical social space, a process that desires to dissolve “political society” into “civil society” and with it to reformulate space as more democratic, participatory public space, and global spheres of interaction. In this article, the author examines the implications of globalization and the evolution of democratic civil society. Drawing on the work of French theorists de Certeau and Lefebvre, the author examines the nature of space as a social construct and the importance of understanding space as a practiced place in relation to the evolution of democratic civil society that makes transnational space a practiced place for global civil society. The author argues that as globalization spreads across nation-states, spatial forces produced by economic, cultural, and political discourses and practices give way to the potential for the evolution of democratic civil society.     

The affective spaces of global civil society and why they matter

Many early-career researchers aim at making research socially engaged. In the initial stages of my research on international volunteering for development I learnt very quickly that any push towards social justice has been blunted by the damaging mechanisms of neoliberal power. The temptation is therefore to make research socially engaged by exposing such malign presences of power in volunteering organisations. This paper grows out of this interest and builds an argument of how researchers can engage power and write into being a better future. This brings into contrast the capitalocentric orientation of fieldwork preparation against the micro-processes of meeting and being with other bodies come together to constitute work in the field. Through work with an NGO in New Delhi the case is put that such meetings of bodies are affective and this is central to making research socially engaged. Affective moments give rise to love, solidarity and hope. Making research sensitive to such intersubjective moments writes into being the possibilities of a better and more just future. The paper makes an attempt to put this approach to research into practice.     

Toward a Post-Representational Politics?: Participation in the 21St Century

Representational democracy has been the main form of government in the West since the English, American, and French revolutions of the 17th and 18th centuries. However, there are indications that its ability to frame the relationship between citizen and state has begun to weaken. This weakening can be traced to many factors. One of these is the emergence of new collective actors, such as social movements, and the (re)recognition of the arena of “civil society” just as the articulating power of political parties began to erode. Although these emerged initially under the umbrella of the nation state, toward the end of the 20th century a qualitatively new dynamic of networked social activism illustrated that the nation-state was no longer the only location for political action and the exercise of citizenship. These trends point to a new participatory dynamic, which could not yet be said to offer a serious challenge to representative forms of politics, but that arguably marks the beginning of the decline of that form. However, we are far from understanding how a participatory democracy might replace representational government. This article argues that we should begin now to discuss the uncomfortable gaps in our understanding of what “qualifies” participation, in order to develop a new theory of new practice and strengthen the content and potential of this new political imaginary.     

Advancing Shūrā: A Social Agent for Democratization

ABSTRACT

This study is an analytical comparison between Islamic articulations of shūrā (consultation) and notions of representative democracy. It emphasizes various epistemic understandings of shūrā in light of qur’anic exegesis and historical precedents of consultative rule in Islam. In particular, it identifies shūrā as an agent for democratization in contrast to its more familiar manifestation as a top-down consultative system. This is examined together with the works of influential Muslim scholars from modernist, Islamist and pro-democratic backgrounds to elucidate what aspects of democracy they accept and/or reject. The article does not exhaustively analyze each scholar’s interpretation of democracy. Rather, it selects scholars from different historical epochs with distinctive theoretical positions on shūrā. Overall, the study finds shūrā remains largely under-utilized as a result of post-colonial discourses on Islam and authoritarian political systems in Muslim-majority countries. The article finally examines how shūrā can be better facilitated as a social agent to renew civil society and combat authoritarian rule.     

Sociocultural Evolution and the Future of World Society

World society has been emerging on a global scale, but the old world-system of multiple cultures continues to exist at the same time that a global culture is in formation. In this article the author discusses the relations among these forms of integration in the contemporary system, the coming dark age of deglobalization, and the potential for the eventual emergence of a collectively rational and democratic global commonwealth.     

Domestic public‐spiritedness,social public‐spiritedness

Like every social institution, the family is undergoing a process of contractualization. Family democracy is the product of constant negotiation, an interactive process that can be found at every level of society. This is a new social contract, one from which a new citizenship can perhaps be drawn.