Religious Rules State Law And Normative Pluralism A Comparative Overview

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Religious Rules, State Law, and Normative Pluralism - A Comparative Overview

Author : Rossella Bottoni
Publisher : Springer
ISBN 13 : 3319283359
Total Pages : 420 pages
Book Rating : 4.3/5 (192 download)

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Book Synopsis Religious Rules, State Law, and Normative Pluralism - A Comparative Overview by : Rossella Bottoni

Download or read book Religious Rules, State Law, and Normative Pluralism - A Comparative Overview written by Rossella Bottoni and published by Springer. This book was released on 2016-07-07 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is devoted to the study of the interplay between religious rules and State law. It explores how State recognition of religious rules can affect the degree of legal diversity that is available to citizens and why such recognition sometime results in more individual and collective freedom and sometime in a threat to equality of citizens before the law. The first part of the book contains a few contributions that place this discussion within the wider debate on legal pluralism. While State law and religious rules are two normative systems among many others, the specific characteristics of the latter are at the heart of tensions that emerge with increasing frequency in many countries. The second part is devoted to the analysis of about twenty national cases that provide an overview of the different tools and strategies that are employed to manage the relationship between State law and religious rules all over the world.

Normative Pluralism and Human Rights

Author : Kyriaki Topidi
Publisher : Routledge
ISBN 13 : 1351676490
Total Pages : 284 pages
Book Rating : 4.3/5 (516 download)

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Book Synopsis Normative Pluralism and Human Rights by : Kyriaki Topidi

Download or read book Normative Pluralism and Human Rights written by Kyriaki Topidi and published by Routledge. This book was released on 2018-06-13 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: The complex legal situations arising from the coexistence of international law, state law, and social and religious norms in different parts of the world often include scenarios of conflict between them. These conflicting norms issued from different categories of ‘laws’ result in difficulties in describing, identifying and analysing human rights in plural environments. This volume studies how normative conflicts unfold when trapped in the aspirations of human rights and their local realizations. It reflects on how such tensions can be eased, while observing how and why they occur. The authors examine how obedience or resistance to the official law is generated through the interaction of a multiplicity of conflicting norms, interpretations and practices. Emphasis is placed on the actors involved in raising or decreasing the tension surrounding the conflict and the implications that the conflict carries, whether resolved or not, in conditions of asymmetric power movements. It is argued that legal responsiveness to state law depends on how people with different identities deal with it, narrate it and build expectations from it, bearing in mind that normative pluralism may also operate as an instrument towards the exclusion of certain communities from the public sphere. The chapters look particularly to expose the dialogue between parallel normative spheres in order for law to become more effective, while investigating the types of socio-legal variables that affect the functioning of law, leading to conflicts between rights, values and entire cultural frames.

Law and Religious Diversity in Education

Author : Kyriaki Topidi
Publisher : Routledge
ISBN 13 : 0429803931
Total Pages : 224 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis Law and Religious Diversity in Education by : Kyriaki Topidi

Download or read book Law and Religious Diversity in Education written by Kyriaki Topidi and published by Routledge. This book was released on 2020-08-05 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religion is a prominent legal force despite the premise constructed and promoted by Western constitutionalism that it must be separated from the State in democracies. Education constitutes an area of human life that leaves ample scope for the expression of religious identity and shapes the citizens of the future. It is also the place of origin of a considerable number of normative conflicts involving religious identity that arise today in multicultural settings. The book deals with the interplay of law and religion in education through the versatility of religious law and legal pluralism, as well as religion’s possible adaptation and reconciliation with modernity, in order to consider and reflect on normative conflicts. It adopts the angle of the constitutional dimension of religion narrated in a comparative perspective and critically reflects on regulatory attempts by the State and the international community to promote new ways of living together.

Human Rights under State-Enforced Religious Family Laws in Israel, Egypt and India

Author : Yüksel Sezgin
Publisher : Cambridge University Press
ISBN 13 : 110743565X
Total Pages : 323 pages
Book Rating : 4.1/5 (74 download)

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Book Synopsis Human Rights under State-Enforced Religious Family Laws in Israel, Egypt and India by : Yüksel Sezgin

Download or read book Human Rights under State-Enforced Religious Family Laws in Israel, Egypt and India written by Yüksel Sezgin and published by Cambridge University Press. This book was released on 2013-08-22 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: About one-third of the world's population currently lives under pluri-legal systems where governments hold individuals subject to the purview of ethno-religious rather than national norms in respect to family law. How does the state-enforcement of these religious family laws impact fundamental rights and liberties? What resistance strategies do people employ in order to overcome the disabilities and limitations these religious laws impose upon their rights? Based on archival research, court observations and interviews with individuals from three countries, Yüksel Sezgin shows that governments have often intervened in order to impress a particular image of subjectivity upon a society, while people have constantly challenged the interpretive monopoly of courts and state-sanctioned religious institutions, re-negotiated their rights and duties under the law, and changed the system from within. He also identifies key lessons and best practices for the integration of universal human rights principles into religious legal systems.

Legal Pluralism in Muslim Contexts

Author : Norbert Oberauer
Publisher : BRILL
ISBN 13 : 9004398260
Total Pages : 268 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Legal Pluralism in Muslim Contexts by : Norbert Oberauer

Download or read book Legal Pluralism in Muslim Contexts written by Norbert Oberauer and published by BRILL. This book was released on 2019-05-20 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation.

Pluralism, Transnationalism and Culture in Asian Law

Author : Gary F Bell
Publisher : Flipside Digital Content Company Inc.
ISBN 13 : 9814786675
Total Pages : 318 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis Pluralism, Transnationalism and Culture in Asian Law by : Gary F Bell

Download or read book Pluralism, Transnationalism and Culture in Asian Law written by Gary F Bell and published by Flipside Digital Content Company Inc.. This book was released on 2018-02-14 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book stems from a symposium held at the Faculty of Law of the National University of Singapore in honour of the pioneer in the field of legal pluralism, Professor M.B. Hooker. It gathers essays from admirers and friends who add their own contributions on legal pluralism, transnationalism and culture in Asia. The book opens with an account of M.B. Hooker colourful and prolific career. The authors then approach legal pluralism through legal theory, legal anthropology, comparative law, law and religion, constitutional law, even Islamic art, thus reflecting the broad approaches of Professor Hooker's scholarship. While most of the book focuses mainly on Southeast Asia, it also reaches out to all of Asia up to Israel, and even includes a chapter comparing Indonesia and Egypt.

Foundations of a Sociology of Canon Law

Author : Judith Hahn
Publisher : Springer Nature
ISBN 13 : 3031017919
Total Pages : 246 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis Foundations of a Sociology of Canon Law by : Judith Hahn

Download or read book Foundations of a Sociology of Canon Law written by Judith Hahn and published by Springer Nature. This book was released on 2022-08-08 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This "Open Access" book investigates the legal reality of the church through a sociological lens and from the perspective of canon law studies, the discipline which researches the law and the legal structure of the Catholic Church. It introduces readers from various backgrounds to the sociology of canon law, which is both a legal and a theological field of study, and is the first step towards introducing a new subdiscipline of the sociology of canon law. As a theoretical approach to mapping out this field, it asks what theology and canon law may learn from sociology; it discusses the understanding of “law” in religious contexts; studies the preconditions of legal validity and effectiveness; and based on these findings it asks in what sense it is possible to speak of canon “law”. By studying a religious order as its struggles to find a balance between continuity and change, this book also contributes to the debates on religious law in modernity and the challenges it faces from secular states and plural societies. This book is of interest to researchers and students of the sociology of law, legal studies, law and religion, the sociology of religion, theology, and religious studies. This is an open access book.

Religious Minorities in Pluralist Societies

Author :
Publisher : BRILL
ISBN 13 : 9004446818
Total Pages : 252 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Religious Minorities in Pluralist Societies by :

Download or read book Religious Minorities in Pluralist Societies written by and published by BRILL. This book was released on 2023-12-04 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: The accommodation of religious diversity in contemporary pluralist societies is undoubtedly amongst the most salient issues on today’s political agenda, not least due to the challenges posed by migration. A subject of considerable debate is how to reconcile the demands of religious and cultural diversity alongside political unity, that is, how to create a political community that is cohesive and stable and satisfies the legitimate aspirations of minorities. This volume provides a critical analysis of the institutional accommodations and legal frameworks conceived by and/or for historical religious groups and assesses their potential and shortcomings in providing for an integrated society based on human- and minority rights protection.

Human Rights Encounter Legal Pluralism

Author : Giselle Corradi
Publisher : Bloomsbury Publishing
ISBN 13 : 1849467714
Total Pages : 272 pages
Book Rating : 4.8/5 (494 download)

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Book Synopsis Human Rights Encounter Legal Pluralism by : Giselle Corradi

Download or read book Human Rights Encounter Legal Pluralism written by Giselle Corradi and published by Bloomsbury Publishing. This book was released on 2017-05-18 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays interrogates how human rights law and practice acquire meaning in relation to legal pluralism, ie, the co-existence of more than one regulatory order in a same social field. As a social phenomenon, legal pluralism exists in all societies. As a legal construction, it is characteristic of particular regions, such as post-colonial contexts. Drawing on experiences from Latin America, Sub-Saharan Africa and Europe, the contributions in this volume analyse how different configurations of legal pluralism interplay with the legal and the social life of human rights. At the same time, they enquire into how human rights law and practice influence interactions that are subject to regulation by more than one normative regime. Aware of numerous misunderstandings and of the mutual suspicion that tends to exist between human rights scholars and anthropologists, the volume includes contributions from experts in both disciplines and intends to build bridges between normative and empirical theory.

Religious Pluralism and Islamic Law

Author : Anver M. Emon
Publisher : OUP Oxford
ISBN 13 : 0191637742
Total Pages : 384 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Religious Pluralism and Islamic Law by : Anver M. Emon

Download or read book Religious Pluralism and Islamic Law written by Anver M. Emon and published by OUP Oxford. This book was released on 2012-07-26 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of tolerance and Islam is not a new one. Polemicists are certain that Islam is not a tolerant religion. As evidence they point to the rules governing the treatment of non-Muslim permanent residents in Muslim lands, namely the dhimmi rules that are at the center of this study. These rules, when read in isolation, are certainly discriminatory in nature. They legitimate discriminatory treatment on grounds of what could be said to be religious faith and religious difference. The dhimmi rules are often invoked as proof-positive of the inherent intolerance of the Islamic faith (and thereby of any believing Muslim) toward the non-Muslim. This book addresses the problem of the concept of 'tolerance' for understanding the significance of the dhimmi rules that governed and regulated non-Muslim permanent residents in Islamic lands. In doing so, it suggests that the Islamic legal treatment of non-Muslims is symptomatic of the more general challenge of governing a diverse polity. Far from being constitutive of an Islamic ethos, the dhimmi rules raise important thematic questions about Rule of Law, governance, and how the pursuit of pluralism through the institutions of law and governance is a messy business. As argued throughout this book, an inescapable, and all-too-often painful, bottom line in the pursuit of pluralism is that it requires impositions and limitations on freedoms that are considered central and fundamental to an individual's well-being, but which must be limited for some people in some circumstances for reasons extending well beyond the claims of a given individual. A comparison to recent cases from the United States, United Kingdom, and the European Court of Human Rights reveals that however different and distant premodern Islamic and modern democratic societies may be in terms of time, space, and values, legal systems face similar challenges when governing a populace in which minority and majority groups diverge on the meaning and implication of values deemed fundamental to a particular polity.

Comparative Religious Law

Author : Norman Doe
Publisher : Cambridge University Press
ISBN 13 : 1107167132
Total Pages : 471 pages
Book Rating : 4.1/5 (71 download)

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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.

Law, Religion and the Family in Africa

Author : Dr M Christian Green
Publisher : African Sun Media
ISBN 13 : 1991201575
Total Pages : 422 pages
Book Rating : 4.9/5 (912 download)

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Book Synopsis Law, Religion and the Family in Africa by : Dr M Christian Green

Download or read book Law, Religion and the Family in Africa written by Dr M Christian Green and published by African Sun Media. This book was released on 2021-12-31 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: The family is a crucial site for the interaction of law and religion the world over, including Africa. In many African societies, the family is governed by a range of sources of law, including civil, constitutional, customary and religious law. International law and human rights principles have been domesticated into African legal systems, particularly to protect the rights of women and children. Religious rites and rituals govern sexuality, marriage, divorce, child-rearing, inheritance, intergenerational relations and more in Christianity, Islam and indigenous African custom. This book examines the African family with attention to tradition and change, comparative law, the relation of parents and children to the state, indigenous religion and customary law, child marriage and child labour and migration, diaspora and displacement.

The Oxford Handbook of Comparative Law

Author : Mathias Reimann
Publisher : Oxford University Press
ISBN 13 : 0192565524
Total Pages : 1536 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Oxford Handbook of Comparative Law by : Mathias Reimann

Download or read book The Oxford Handbook of Comparative Law written by Mathias Reimann and published by Oxford University Press. This book was released on 2019-03-26 with total page 1536 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.

Comparative Law

Author : Mathias Siems
Publisher : Cambridge University Press
ISBN 13 : 1316865452
Total Pages : 532 pages
Book Rating : 4.3/5 (168 download)

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Book Synopsis Comparative Law by : Mathias Siems

Download or read book Comparative Law written by Mathias Siems and published by Cambridge University Press. This book was released on 2018-04-12 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Law offers a thorough grounding in the subject for students and scholars of comparative law alike, critically debating both traditional and modern approaches to the subject and using examples from a range of legal systems gives the reader a truly global perspective. Covering essential academic debates and comparative law methodology, its contextualised approach draws on examples from politics, economics and development studies to provide an original contribution to topics of comparative law. This new edition: is fully revised and updated throughout to reflect contemporary research, contains more examples from many areas of law and there is also an increased discussion of the relevance of regional, international, transnational and global laws for comparative law. Suitable for students taking courses in comparative law and related fields, this book offers a fresh contextualised and cosmopolitan perspective on the subject.

Research Handbook on Law and Religion

Author : Rex Ahdar
Publisher : Edward Elgar Publishing
ISBN 13 : 1788112474
Total Pages : 512 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Research Handbook on Law and Religion by : Rex Ahdar

Download or read book Research Handbook on Law and Religion written by Rex Ahdar and published by Edward Elgar Publishing. This book was released on 2018-09-28 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering an interdisciplinary, international and philosophical perspective, this comprehensive Research Handbook explores both perennial and recent legal issues that concern the modern state and its interaction with religious communities and individuals.

Routledge Handbook of Religious Laws

Author : Silvio Ferrari
Publisher : Routledge
ISBN 13 : 1315518953
Total Pages : 372 pages
Book Rating : 4.3/5 (155 download)

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Book Synopsis Routledge Handbook of Religious Laws by : Silvio Ferrari

Download or read book Routledge Handbook of Religious Laws written by Silvio Ferrari and published by Routledge. This book was released on 2019-04-09 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much has been written on specific religious legal systems, yet substantial comparative studies that strive to compare systems, identifying their analogies and differences, have been relatively few. This absence undermines the capacity to understand religions and becomes particularly serious when the faithful of these religions live together in the same geographical space, as happens today with increasing frequency. Both interreligious dialogue and dialogue between States and religions presuppose a set of data and information that only comparative research can provide. This book seeks to address this gap in the literature by presenting a comparative analysis of Christian, Jewish, Islamic and Hindu laws and traditions. Divided into five parts, the first part of the book offers the historical background for the legal analysis that is developed in the subsequent parts. Part II deals with the sources of law in the four religions under discussion. Part III addresses the dynamics of belonging and status, and Part IV looks at issues relating to the conclusion of marriage and its dissolution. The fifth and final part discusses how each religion views the legal other. Each part concludes with exploring what we can learn from a comparative examination of the topic that is dealt with in that part. Written by leading experts in the field, this book presents a clear and comprehensive picture of key religious legal systems along with a substantial bibliography. It provides a state of the art overview of scholarship in this area accompanied by a critical evaluation. As such, it will be an invaluable resource for all those concerned with religious legal systems, multiculturalism and comparative law.

Security, Religion, and the Rule of Law

Author : Tania Pagotto
Publisher : Taylor & Francis
ISBN 13 : 1003833128
Total Pages : 183 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Security, Religion, and the Rule of Law by : Tania Pagotto

Download or read book Security, Religion, and the Rule of Law written by Tania Pagotto and published by Taylor & Francis. This book was released on 2023-12-22 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: Security, Religion, and the Rule of Law argues that true, substantive, and sustainable national security is only possible through respect for the rule of law, human rights, and religious freedom. Despite the emphasis on national security and the war on terror that has preoccupied governments for over two decades, nations – and the world – seem to be more divided than ever, with a concomitant impact of increasing the risk of terrorism and religious and political violence. The national security paradigm, previously reserved primarily for foreign threats, has been turned increasingly inwards, focusing on a state’s own citizens as potential threats. This is often along religious lines, threatening fundamental human freedoms. This book provides a series of critical engagements on some of the most pressing issues at the interface of religion and security today, including proposing a deeper engagement with theology when dealing with freedom of religious belief, exploring a better understanding between domestic peace and international relations, abiding by the rule of law while countering terrorism, and developing a broader understanding of identities and of the nature of citizenship. It provides the resources to further reflect upon and address these topics, as well as stimulate further discussions on religion and security matters across a range of different disciplines. Wide-ranging case studies consider Australia, China, Europe, the Kurdish people, Nigeria, Russia, Ukraine, the United Nations, and the United States. This book will appeal to students and scholars across a range of disciplines, including international relations, law, philosophy, political science, religious studies, security studies, and theology. It will also appeal to human rights lawyers, judges, NGO researchers, governmental agency specialists, and policy makers.