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In conclusion, it seems that if we are to think intelligently about the relations between Islam and British law, we need a fair amount of 'deconstruction' of crude oppositions and mythologies, whether of the nature of sharia or the nature of the Enlightenment. But as I have hinted, I do not believe this can be done without some thinking also about the very nature of law. It is always easy to take refuge in some form of positivism; and what I have called legal universalism, when divorced from a serious theoretical (and, I would argue, religious) underpinning, can turn into a positivism as sterile as any other variety. If the paradoxical idea which I have sketched is true — that universal law and universal right are a way of recognising what is least fathomable and controllable in the human subject — theology still waits for us around the corner of these debates, however hard our culture may try to keep it out. And, as you can imagine, I am not going to complain about that.

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I find I fundamentally agree with what he says, and also with how he expresses it. I can see the incensed reaction to how his comments have been reported. I dont see what in this speech as he wrote it is threatening or offensive to self-confident and right-minded people.

Posted by William on 2008-02-08 14:37:41.
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