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Between Civil And Religious Law
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Book Synopsis Comparative Religious Law by : Norman Doe
Download or read book Comparative Religious Law written by Norman Doe and published by Cambridge University Press. This book was released on 2018-11-15 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compares the modern legal instruments of Jewish, Christian and Muslim organisations in light of their historical religious laws.
Book Synopsis Roman Law and the Legal World of the Romans by : Andrew M. Riggsby
Download or read book Roman Law and the Legal World of the Romans written by Andrew M. Riggsby and published by Cambridge University Press. This book was released on 2010-06-14 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Andrew Riggsby provides a survey of the main areas of Roman law, and their place in Roman life.
Book Synopsis Law as Religion, Religion as Law by : David C. Flatto
Download or read book Law as Religion, Religion as Law written by David C. Flatto and published by Cambridge University Press. This book was released on 2022-08-25 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: The conventional approach to law and religion assumes that these are competing domains, which raises questions about the freedom of, and from, religion; alternate commitments of religion and human rights; and respective jurisdictions of civil and religious courts. This volume moves beyond this competitive paradigm to consider law and religion as overlapping and interrelated frameworks that structure the social order, arguing that law and religion share similar properties and have a symbiotic relationship. Moreover, many legal systems exhibit religious characteristics, informing their notions of authority, precedent, rituals and canonical texts, and most religions invoke legal concepts or terminology. The contributors address this blurring of law and religion in the contexts of political theology, secularism, church-state conflicts, and the foundational idea of divine law. This title is also available as Open Access on Cambridge Core.
Book Synopsis Law, Religion, and Health in the United States by : Holly Fernandez Lynch
Download or read book Law, Religion, and Health in the United States written by Holly Fernandez Lynch and published by Cambridge University Press. This book was released on 2017-07-03 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the critical role of law in protecting - and protecting against - religious beliefs in American health care.
Book Synopsis Marriage and Divorce in a Multi-Cultural Context by : Joel A. Nichols
Download or read book Marriage and Divorce in a Multi-Cultural Context written by Joel A. Nichols and published by Cambridge University Press. This book was released on 2011-10-31 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: American family law makes two key assumptions: first, that the civil state possesses sole authority over marriage and divorce; and second, that the civil law may contain only one regulatory regime for such matters. These assumptions run counter to the multicultural and religiously plural nature of our society. This book elaborates how those assumptions are descriptively incorrect, and it begins an important conversation about whether more pluralism in family law is normatively desirable. For example, may couples rely upon religious tribunals (Jewish, Muslim, or otherwise) to decide family law disputes? May couples opt into stricter divorce rules, either through premarital contracts or 'covenant marriages'? How should the state respond? Intentionally interdisciplinary and international in scope, this volume contains contributions from fourteen leading scholars. The authors address the provocative question of whether the state must consider sharing its jurisdictional authority with other groups in family law.
Book Synopsis Women's Rights and Religious Law by : Fareda Banda
Download or read book Women's Rights and Religious Law written by Fareda Banda and published by Routledge. This book was released on 2016-02-12 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: The three Abrahamic faiths have dominated religious conversations for millennia but the relations between state and religion are in a constant state of flux. This relationship may be configured in a number of ways. Religious norms may be enforced by the state as part of a regime of personal law or, conversely, religious norms may be formally relegated to the private sphere but can be brought into the legal realm through the private acts of individuals. Enhanced recognition of religious tribunals or religious doctrines by civil courts may create a hybrid of these two models. One of the major issues in the reconciliation of changing civic ideals with religious tenets is gender equality, and this is an ongoing challenge in both domestic and international affairs. Examining this conflict within the context of a range of issues including marriage and divorce, violence against women and children, and women’s political participation, this collection brings together a discussion of the Abrahamic religions to examine the role of religion in the struggle for women’s equality around the world. The book encompasses both theory and practical examples of how law can be used to negotiate between claims for gender equality and the right to religion. It engages with international and regional human rights norms and also national considerations within countries. This book will be of great relevance to scholars and policy makers with an interest in law and religion, gender studies and human rights law.
Book Synopsis Varieties of Civil Religion by : Robert N. Bellah
Download or read book Varieties of Civil Religion written by Robert N. Bellah and published by Wipf and Stock Publishers. This book was released on 2013-11-01 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In 1980, Varieties of Civil Religion was the latest statement in the field of civil religion pioneered by Robert Bellah. Over thirty years later, scholarly interest in the field continues to grow. By examining the force of religion in politics and society, this book offers a comparative treatment that deepens the understanding of American civil religion and provides a lens for exploring civil religion in other societies, particularly those of Italy, Mexico, and Japan. Bellah and Hammond trace the historical development of the peculiarly American brand of civil religion as they unravel its sometimes baffling intricacies. Themes include the conviction that America is a chosen country and American power in the world is identical with divine will. The book also examines the vigorous counterbalance that has opposed unjust wars or demanded racial and social justice. Altogether, the health of a civil religion may be a prime indication of the overall health of any society. The authors state that when civil religious symbols are co-opted by ultraconservatives, and the philosophy of liberalism seems less adequate as a guide for public or private lives, a revival of public philosophy is urgently needed. Varieties of Civil Religion supports such a revival by making the religious aspect of our central tradition understandable in a nonreactionary way. It also reaffirms that American civil religion, with its deeper tradition of openness, tolerance, and ethical commitment, can make an essential contribution to a ""global order of civility and justice."""
Book Synopsis The Myth of American Religious Freedom by : David Sehat
Download or read book The Myth of American Religious Freedom written by David Sehat and published by Oxford University Press. This book was released on 2011-01-14 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the battles over religion and politics in America, both liberals and conservatives often appeal to history. Liberals claim that the Founders separated church and state. But for much of American history, David Sehat writes, Protestant Christianity was intimately intertwined with the state. Yet the past was not the Christian utopia that conservatives imagine either. Instead, a Protestant moral establishment prevailed, using government power to punish free thinkers and religious dissidents. In The Myth of American Religious Freedom, Sehat provides an eye-opening history of religion in public life, overturning our most cherished myths. Originally, the First Amendment applied only to the federal government, which had limited authority. The Protestant moral establishment ruled on the state level. Using moral laws to uphold religious power, religious partisans enforced a moral and religious orthodoxy against Catholics, Jews, Mormons, agnostics, and others. Not until 1940 did the U.S. Supreme Court extend the First Amendment to the states. As the Supreme Court began to dismantle the connections between religion and government, Sehat argues, religious conservatives mobilized to maintain their power and began the culture wars of the last fifty years. To trace the rise and fall of this Protestant establishment, Sehat focuses on a series of dissenters--abolitionist William Lloyd Garrison, suffragist Elizabeth Cady Stanton, socialist Eugene V. Debs, and many others. Shattering myths held by both the left and right, David Sehat forces us to rethink some of our most deeply held beliefs. By showing the bad history used on both sides, he denies partisans a safe refuge with the Founders.
Book Synopsis Separation of Church and State by : Philip HAMBURGER
Download or read book Separation of Church and State written by Philip HAMBURGER and published by Harvard University Press. This book was released on 2009-06-30 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a powerful challenge to conventional wisdom, Philip Hamburger argues that the separation of church and state has no historical foundation in the First Amendment. The detailed evidence assembled here shows that eighteenth-century Americans almost never invoked this principle. Although Thomas Jefferson and others retrospectively claimed that the First Amendment separated church and state, separation became part of American constitutional law only much later. Hamburger shows that separation became a constitutional freedom largely through fear and prejudice. Jefferson supported separation out of hostility to the Federalist clergy of New England. Nativist Protestants (ranging from nineteenth-century Know Nothings to twentieth-century members of the K.K.K.) adopted the principle of separation to restrict the role of Catholics in public life. Gradually, these Protestants were joined by theologically liberal, anti-Christian secularists, who hoped that separation would limit Christianity and all other distinct religions. Eventually, a wide range of men and women called for separation. Almost all of these Americans feared ecclesiastical authority, particularly that of the Catholic Church, and, in response to their fears, they increasingly perceived religious liberty to require a separation of church from state. American religious liberty was thus redefined and even transformed. In the process, the First Amendment was often used as an instrument of intolerance and discrimination.
Book Synopsis Religion and International Law by : Mark W. Janis
Download or read book Religion and International Law written by Mark W. Janis and published by Martinus Nijhoff Publishers. This book was released on 1999-07-13 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the great tasks, perhaps the greatest, weighing on modern international lawyers is to craft a universal law and legal process capable of ordering relations among diverse people with differing religions, histories, cultures, laws, and languages. In so doing, we need to take the world's peoples as we find them and not pretend out of existence their wide variety. This volume builds on the eleven essaysedited by Mark Janis in 1991 in The Influence of Religion and the Development of International Law, more than doubling its authors and essays and covering more religious traditions. Now included are studies of the interface between international law and ancient religions, Confucianism, Hinduism, Judaism, Christianity, and Islam, as well as essays addressing the impact of religious thought on the literature and sources of international law, international courts, and human rights law.
Book Synopsis Courts, Politics and Constitutional Law by : Martin Belov
Download or read book Courts, Politics and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2019-10-16 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Author :Ruth Halperin-Kaddari Publisher :University of Pennsylvania Press ISBN 13 :9780812237528 Total Pages :408 pages Book Rating :4.2/5 (375 download)
Book Synopsis Women in Israel by : Ruth Halperin-Kaddari
Download or read book Women in Israel written by Ruth Halperin-Kaddari and published by University of Pennsylvania Press. This book was released on 2004-01-12 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a comprehensive overview of discrimination in a state dominated by a patriarchal religious order, and brings fresh insights to the efficacy of the law in improving the status of women.
Book Synopsis The Right to Religious Freedom in International Law by : Anat Scolnicov
Download or read book The Right to Religious Freedom in International Law written by Anat Scolnicov and published by Routledge. This book was released on 2010-10-18 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the right to religious freedom in international law, drawing on an array of national and international cases. Taking a rigorous approach to the right to religious freedom, Anat Scolnicov argues that the interpretation and application of religious freedom must be understood as a conflict between individual and group claims of rights, and that although some states, based on their respective histories, religions, and cultures, protect the group over the individual, only an individualistic approach of international law is a coherent way of protecting religious freedom. Analysing legal structures in a variety of both Western and Non-Western jurisdictions, the book sets out a topography of different constitutional structures of religions within states and evaluates their compliance with international human rights law. The book also considers the position of women's religious freedom vis-à-vis community claims of religious freedom, of children’s right to religious freedom and of the rights of dissenters within religious groups.
Book Synopsis Religious Freedom and the Law by : Brett G. Scharffs
Download or read book Religious Freedom and the Law written by Brett G. Scharffs and published by Routledge. This book was released on 2018-08-06 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a timely analysis of some of the current controversies relating to freedom for religion and freedom from religion that have dominated headlines worldwide. The collection trains the lens closely on select issues and contexts to provide detailed snapshots of the ways in which freedom for and from religion are conceptualized, protected, neglected, and negotiated in diverse situations and locations. A broad range of issues including migration, education, the public space, prisons and healthcare are discussed drawing examples from Europe, the US, Asia, Africa and South America. Including contributions from leading experts in the field, the book will be essential reading for researchers and policy-makers interested in Law and Religion.
Book Synopsis Law and the Bible by : Robert F. Cochran
Download or read book Law and the Bible written by Robert F. Cochran and published by InterVarsity Press. This book was released on 2013-09-01 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Bible is full of law. Yet too often, Christians either pick and choose verses out of context to bolster existing positions, or assume that any moral judgment the Bible expresses should become the law of the land. Law and the Bible asks: What inspired light does the Bible shed on Christians’ participation in contemporary legal systems? It concludes that more often than not the Bible overturns our faulty assumptions and skewed commitments rather than bolsters them. In the process, God gives us greater insight into what all of life, including law, should be. Each chapter is cowritten by a legal professional and a theologian, and focuses on a key aspect of the biblical witness concerning civil or positive law--that is, law that human societies create to order their communities, implementing and enforcing it through civil government. A foundational text for legal professionals, law and prelaw students, and all who want to think in a faithfully Christian way about law and their relationship to it.
Book Synopsis God vs. the Gavel by : Marci A. Hamilton
Download or read book God vs. the Gavel written by Marci A. Hamilton and published by Cambridge University Press. This book was released on 2005-05-30 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: God vs. the Gavel challenges the pervasive assumption that all religious conduct deserves constitutional protection. While religious conduct provides many benefits to society, it is not always benign. The thesis of the book is that anyone who harms another person should be governed by the laws that govern everyone else - and truth be told, religion is capable of great harm. This may not sound like a radical proposition, but it has been under assault since the 1960s. The majority of academics and many religious organizations would construct a fortress around religious conduct that would make it extremely difficult to prosecute child abuse by clergy, medical neglect of children by faith-healers, and other socially unacceptable behaviors. This book intends to change the course of the public debate over religion by bringing to the public's attention the tactics of religious entities to avoid the law and therefore harm others.
Book Synopsis Law and International Religious Freedom by : Pasquale Annicchino
Download or read book Law and International Religious Freedom written by Pasquale Annicchino and published by Routledge. This book was released on 2017-12-01 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the promotion and protection of freedom of religion in the international arena with a particular focus on the role and influence of the US International Religious Freedom Act, 1998. It also investigates the impact of the IRFA on the legislation and policies of third countries and the EU. The book develops the story of the protection of religious freedom through foreign policy by showing how religious laws affect and shape a more communitarian dimension of the notion of freedom of religion which stands in contrast with a traditionally Western individualistic understanding of the right. It is argued that it is still possible to defend the unstable category of freedom of religion or belief especially when major violations are at stake. The book presents a balanced contribution to the academic debate on the promotion and protection of religious freedom. The comparative approach and interdisciplinary methodology make it a valuable resource for academics, students and policy-makers in Law, International Relations and Strategic Studies.
