This essay explores judicial responses to legal restrictions on worship during the COVID-19 pandemic and draws two lessons, one comparative and one relating specifically to U.S. law. As a comparative matter, courts across the globe have approached the problem in essentially the same way, through intuition and balancing. This has been the case regardless of what formal test applies, the proportionality test outside the United States, which expressly calls for judges to weigh the relative costs and benefits of a restriction, or the Employment Division v. Smith test inside the United States, which rejects judicial line-drawing and balancing in favor of predictable results. Judges have reached different conclusions about the legality of restrictions, of course, but doctrinal nuances have made little apparent difference. With respect to the United States specifically, the pandemic has revealed deep divisions about religion and religious freedom, among other things—divisions that have inevitably influenced judicial attitudes toward restrictions on worship. The COVID-19 crisis has revealed a cultural and political rift that makes consensual resolution of conflicts over religious freedom problematic, and perhaps impossible, even during a once-in-a-century pandemic.

The article asks whether the divided town Cieszyn-Český Těšín can be considered a joint “living space” in the shadow of the COVID-19 pandemic. It evaluates the impact of the pandemic on various aspects of the daily lives of the inhabitants and institutions of both parts of this divided town. Three main dimensions of cross-border integration were studied: cross-border flows, cross-border structures/institutions, and the feeling of togetherness, which represents an ideational dimension of cross-border integration. The research was based on studying narratives covering border closures in the divided town, the analysis of cross-borderness of existing Facebook groups acting in both parts of the divided town, and the results of an extensive questionnaire-based survey among its inhabitants. The border closures restricted cross-border flows, which hit cross-border commuters and damaged the quality of this divided town as a living place because it introduced uncertainty. However, the health crisis also showed the high level of mutual interconnections between the local inhabitants and a functional cross-border civic society. The local people and politicians tend to perceive the divided town as a joint living space. The level of cross-border integration highly exceeds the one usual in the “new EU.”

We highlight a new paradox for the social evaluation of risk that bears on the evaluation of individual well-being rather than social welfare, but has serious implications for social evaluation. The paradox consists in a tension between rationality, respect for individual preferences, and a principle of informational parsimony that excludes individual risk attitudes from the assessment of riskless situations. No evaluation criterion can satisfy these three principles. This impossibility result has implications for the evaluation of social welfare under risk, especially when the preferences of some individuals are not known. It generalizes existing impossibility results, while relying on very weak principles of social rationality and respect for individual preferences. We explore the possibilities opened by weakening each of our three principles and discuss the advantages and drawbacks of these different routes.

In the 1960s and 1970s, Iranian officials embraced natural gas as a new energy source for their rapidly industrializing society, seeing it as a readily available substitute for the lucrative oil products their country's citizens were consuming in increasing amounts. Reacting to the growing concentrations of smoke and haze in cities, and unable to alter the mountainous terrain and semiarid climate that intensified them, gas seemingly promised to be a technical savior upon which to build an Iran as environmentally sound as it was prosperous, technologically sophisticated, and energy hungry. Pahlavi-era developmental choices were shaped by officials’ concern for deteriorating environmental conditions, the natural factors that compounded the issue, and the interests of private industry. Using archival and published materials collected in Iran, this article focuses on urban air pollution and the fitful efforts to mitigate it through the conversion of industrial facilities to gas.

Modern carcerality in Iran, with its attendant systems of surveillance, policing, and mass imprisonment, was a gendered project from the outset. In turn, the new modern prisons of the Pahlavi era (1925–79) provoked gendered anxieties about seemingly rising rates of female and child criminality, the deteriorating family unit, and the inherent sin and vice of life in a modern city. In general, it is difficult to overstate the wholesale changes that the modern carceral system has brought to Iran. The establishment of modern prisons, an effort begun in the first decades of the 20th century, has led to an enduring transformation in social worlds for Iranians of all genders. For much of Iran's pre-20th-century history, forced confinement of any kind was a relative rarity, legal practices and norms were diffuse and diverse, and long periods of incarceration were virtually nonexistent. The conceit of prisoner reform central to the modern penitentiary model—wherein centralized modern governments imagine prisons as rehabilitative spaces in which socially undesirable “criminals” can be reformed into good “citizens”— is nowhere found in the archive of Iran's pre-20th-century punishments.

Depiction of Bertrande, the wife of Martin Guerre, by Natalie Zemon Davis in her famous book The Return of Martin Guerre has been revolutionary in its attempt to recover the criminal agency of women in historical writing. Davis challenged the representation of women as “deceived” actors of history. Although the story of Martin Guerre has been retold many times, Bertrande has almost always been depicted as being fooled by Arnaud, the false husband; indeed the court that investigated the case decided to accept her testimony that she was “tricked” for more than three years. Despite being suspicious of adultery, the court excused her by considering “the weakness of her sex, easily deceived by the trickery and finesse of men,” and thus mitigated female responsibility. Yet, Davis read the same documents from a different perspective and asserted the possibility that Bertrande might have been “acquiescent” rather than “deceived” and may even have been an accomplice of Arnaud by preferring him, both sexually and socially, to Martin Guerre, her real husband who had abandoned her. In the end, the accused has not been Bertrande, but Natalie Zemon Davis, by a male historian, Robert Finlay, for creating a “proto-feminist of peasant culture” out of Bertrande.

At the climax of Egyptian author Out el Kouloub's novel, Zanouba, the reader is witness to a crime. We find ourselves in Matariyya, a village north of Cairo, in a somber bedchamber with a blind shaykh. It is the room where only a week before Zanouba, the novel's titular character, suffered a forced miscarriage in the final month of her pregnancy and lost her long-coveted male child. The women of the household are lined up in front of the shaykh—all except for Zanouba, who is still bedridden, and her co-wife, Mashallah, who is exempt from participating because she is menstruating. They prepare to swear on the Qurʾan their innocence in the matter of the miscarriage, as Zanouba's husband, Abdel Meguid, and her mother-in-law suspect foul play.

Murderesses are not among the stock characters of Ottoman prose stories, but they give us a rare opportunity to discuss how being a woman and committing a crime is represented in literary fiction. They also give us the opportunity to discuss how these stories might have been perceived by their audiences. With that in mind, I suggest a close reading of a story that I will summarize here. The story raises questions regarding narratives, gender, and honor as represented and perceived in fiction.