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19 L. & Critique 1 (2008)

handle is hein.journals/lwcrtq19 and id is 1 raw text is: Law Critique (2008) 19:1-18                        © Springer 2008
DOI 10.1007/s10978-007-9023-5
SLAVOJ ZIZEK
THE SECRET CLAUSES OF THE LIBERAL UTOPIA*
The Western liberal media had their laugh when, in August 2007, the
Chinese State Administration of Religious Affairs passed 'Order
Number Five', a law due to come into effect on 1 September, which
covers 'the management measures for the reincarnation of living
Buddhas in Tibetan Buddhism'. This 'important move to institu-
tionalize management of reincarnation' stipulates the procedures by
which one is to reincarnate - to cut it short, it basically prohibits
Buddhist monks from reincarnating without government permission:
no-one outside China can influence the reincarnation process, only
monasteries in China can apply for permission.
Before we explode in rage at the Chinese Communist totalitarian
intent to control the lives of its subjects even after their death, we
should remember that this measure is not foreign to European early
modern history. The Peace of Augsburg in 1555, the first attempt to
come to terms with the division between Catholics and Protestants,
declared the Prince's religion to be the official religion of a region or
country (cuius regio, eius religio), legalizing the toleration of
Lutheranism in Germany by Catholics. However, its implication was
that, when a new ruler of a different religion took power, large groups
had to convert. The first institutional move towards religious toler-
ance in modern Europe thus involved the same paradox as the Chi-
nese Order Number Five: the regulation of your religious belief, a
matter of your innermost spiritual experience, by the whims of your
secular prince.
Furthermore, the Chinese government regulated something it not
only tolerates, but even supports as a tool of social 'harmony'. In
order to curb the excess of social disintegration caused by the capi-
talist explosion, Chinese officials now celebrate religions and tradi-
tional ideologies which sustain social stability, from Buddhism to
Confucianism - the very ideologies that were the target of the Cul-
tural Revolution. In April 2006, Ye Xiaowen, China's top religious
* This is the text of Slavoj Zizek's Law and Critique Keynote Lecture given at the
2007 Critical Legal Conference at Birkbeck, University of London on 13 September
2007.

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