Law And Religion In Theoretical And Historical Context

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Law and Religion in Theoretical and Historical Context

Author : Peter Cane
Publisher : Cambridge University Press
ISBN 13 : 9781107402379
Total Pages : 0 pages
Book Rating : 4.4/5 (23 download)

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Book Synopsis Law and Religion in Theoretical and Historical Context by : Peter Cane

Download or read book Law and Religion in Theoretical and Historical Context written by Peter Cane and published by Cambridge University Press. This book was released on 2011-05-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is there a place for religious language in the public square? Which institution of government is best suited to deciding whether religion should influence law? Should states be required to treat religion and non-religion in the same way? How does the historical role of religion in a society influence the modern understanding of the role of religion in that society? This volume of essays examines the nature and scope of engagements between law and religion, addressing fundamental questions such as these. Contributors range from eminent scholars working in the fields of law and religion to important new voices who add vital and original ideas. From conservative to liberal, doctrinal to post-modernist and secular to religious, each contributor brings a different approach to the questions under discussion, resulting in a lively, passionate and thoughtful debate that adds light rather than heat to this complex area.

Law, Religion and Tradition

Author : Jessica Giles
Publisher : Springer
ISBN 13 : 3319967495
Total Pages : 203 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis Law, Religion and Tradition by : Jessica Giles

Download or read book Law, Religion and Tradition written by Jessica Giles and published by Springer. This book was released on 2018-09-27 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores different theories of law, religion, and tradition, from both a secular and a religious perspective. It reflects on how tradition and change can affect religious and secular legal reasoning, identifying the patterns of legal evolution within religious and secular traditions. It is often taken for granted that, even in law, change corresponds and correlates to progress – that things ought to be changed and they will necessarily get better. There is no doubt that legal changes over the centuries have made it possible to enhance the protection of individual rights and to somewhat contain the possibility of tyranny and despotism. But progress is not everything in law: stability and certainty lie at the core of the rule of law. Similarly, religions and religious laws could not survive without traditions; and yet, they still evolve, and their evolution is often intermingled with secular law. The book asks (and in some ways answers) the questions: What is the role of tradition within religions and religious laws? What is the impact of religious traditions on secular laws, and vice-versa? How are the elements of tradition to be identified? Are they the same within the secular and the religious realm? Do secular law and religious law follow comparable patterns of change? Do their levels of resilience differ significantly? How does the history of religion and law affect changes within religious traditions and legal systems? The overall focus of the book addresses the extent to which tradition plays a role in shaping and re-shaping secular and religious laws, as well as their mutual boundaries.

Law and Religion in Public Life

Author : Nadirsyah Hosen
Publisher : Taylor & Francis
ISBN 13 : 1136725849
Total Pages : 289 pages
Book Rating : 4.1/5 (367 download)

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Book Synopsis Law and Religion in Public Life by : Nadirsyah Hosen

Download or read book Law and Religion in Public Life written by Nadirsyah Hosen and published by Taylor & Francis. This book was released on 2011-04-27 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is unique in bringing together leading scholars and respected religious leaders to address contemporary issues in the relationship of law, religion and the state. The book highlights the interaction between secular law and religion with particular attention being given to the implications for law and society, religious tolerance and freedom. The book focuses on the practical and topical issues that have arisen in recent years in Australia. As one of the most ethnically diverse countries in the world, a pioneer of multicutural policies in immigration and social justice, Australia is a revealing site for contemporary studies in a world afraid of immigration and terrorism., issues that are affecting much of the globe.

Freedom of Religion, Secularism, and Human Rights

Author : Nehal Bhuta
Publisher : Oxford University Press
ISBN 13 : 0192540092
Total Pages : 298 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Freedom of Religion, Secularism, and Human Rights by : Nehal Bhuta

Download or read book Freedom of Religion, Secularism, and Human Rights written by Nehal Bhuta and published by Oxford University Press. This book was released on 2019-01-24 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This interdisciplinary volume examines the relationship between secularism, freedom of religion and human rights in legal, theoretical, historical and political perspective. It brings together chapters from leading scholars of human rights, law and religion, political theory, religious studies and history, and provides insights into the state of the debate about the relationship between these concepts. Comparative in orientation, its chapters draw on constitutional and political discourses and experience not only from Western Europe and the United States, but also from India, the Arab world, and Malaysia.

Religion, Law and the Irish State

Author : Eoin Daly
Publisher :
ISBN 13 : 9781905536498
Total Pages : 0 pages
Book Rating : 4.5/5 (364 download)

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Book Synopsis Religion, Law and the Irish State by : Eoin Daly

Download or read book Religion, Law and the Irish State written by Eoin Daly and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religion features prominently in Irish history and politics. Its peculiar legal status represents one of the distinctive features of the Irish constitutional tradition. The 1937 Constitution accords religion a central position as an anchoring point of Ireland's national identity, yet also includes ostensibly strong guarantees of freedom of conscience and religion, and of equality on religious grounds, that are typical of liberal-democratic constitutional systems. It synthesizes competing theories and models, tentatively affirming religion's public status, yet committing it to the private sphere for most purposes. For the most part, the historically close relationship between the State and the Catholic Church found no clear mandate in the constitutional text, which, contrary to prevailing perceptions, imposes a limited form of Church-State separation - although the exact boundaries it imposes remain unclear. More specifically, the legal principles and doctrines relating to religious practice are ambiguous and underdeveloped, particularly in issues surrounding religious freedom and denominational autonomy. The extent to which the Constitution protects religious activity from State interference has never been decisively resolved; additionally, constitutional considerations underlie resurgent contemporary controversies in the field of Church and State - particularly in the recent public debate on the role of religion in schools. Accordingly, Religion, Law and the Irish State examines the constitutional framework governing State and religion in the broader context of the history, politics, and theory of the Church-State relationship. From a lawyer's perspective, the book provides an account of the case law and doctrine in specific areas, including religious freedom, religious equality, denominational autonomy, and Church-State separation, while also giving these subjects a comparative and theoretical treatment. For those approaching Church and State from different perspectives - including historians, political scientists, sociologists, and theologians - it offers an accessible and contextual account of the constitutional dimensions of the State-religion relationship. It explores the constitutional provisions as an expression of, but also a potential fetter upon, the evolving social and political role of religion.

State and Religion

Author : Renae Barker
Publisher : Routledge
ISBN 13 : 1134850808
Total Pages : 242 pages
Book Rating : 4.1/5 (348 download)

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Book Synopsis State and Religion by : Renae Barker

Download or read book State and Religion written by Renae Barker and published by Routledge. This book was released on 2018-09-03 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: With its increasingly secular and religiously diverse population Australia faces many challenges in determining how the state and religion should interact. Australia is not unique in facing these challenges. States worldwide, including common law countries with shared legal and religious heritages, have also been faced with the question of how the state and religion should relate to one another. Countries such as the United Kingdom, Canada, New Zealand and the United States have all had to grapple with how to manage the state-religion relationship in the present day. This book provides a comprehensive historical review of the interaction of the state and religion in Australia. It brings together multiple examples of areas in which the state and religion interact, and reviews these examples across Australia’s history from settlement through to present day. The book sets this story within a wider theoretical context via an examination of theories of state-religion relationships as well as a comparison with other similar common law jurisdictions. The book demonstrates how the solutions arrived at in Australia is uniquely Australian owing to Australia’s unique legal system, religious demographics and history. However this is just one possible outcome among many that have been tried in common law liberal democracies.

The Rule of Law and the Rule of God

Author : S. Ilesanmi
Publisher : Springer
ISBN 13 : 1137447761
Total Pages : 202 pages
Book Rating : 4.1/5 (374 download)

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Book Synopsis The Rule of Law and the Rule of God by : S. Ilesanmi

Download or read book The Rule of Law and the Rule of God written by S. Ilesanmi and published by Springer. This book was released on 2014-10-09 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the competing regimes of law and religion an offers a multidisciplinary approach to demonstrate the global scope of their influence. It argues that the tension between these two institutions results from their disagreements about the kinds of rule that should govern human life and society, and from where they should be derived.

Law, Religion, Constitution

Author : Dr Cristiana Cianitto
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1472416155
Total Pages : 444 pages
Book Rating : 4.4/5 (724 download)

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Book Synopsis Law, Religion, Constitution by : Dr Cristiana Cianitto

Download or read book Law, Religion, Constitution written by Dr Cristiana Cianitto and published by Ashgate Publishing, Ltd.. This book was released on 2013-09-28 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the place assigned to religion in the constitutions of contemporary States? What role is religion expected to perform in the fields that are the object of constitutional regulation? Is separation of religion and politics a necessary precondition for democracy and the rule of law? These questions are addressed in this book through an analysis of the constitutional texts that are in force in different parts of the world. Constitutions are at the centre of almost all contemporary legal systems and provide the principles and values that inspire the action of the national law-makers. After a discussion of some topics that are central to the constitutional regulation of religion, the book considers a number of national systems covering countries with a variety of religious and cultural backgrounds. The final section of the book is devoted to the discussion of the constitutional regulation of some particularly controversial issues, such as religious education, the relation between freedom of speech and freedom of religion, abortion, and freedom of conscience.

Religion and Legal Pluralism

Author : Dr Russell Sandberg
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 140945584X
Total Pages : 301 pages
Book Rating : 4.4/5 (94 download)

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Book Synopsis Religion and Legal Pluralism by : Dr Russell Sandberg

Download or read book Religion and Legal Pluralism written by Dr Russell Sandberg and published by Ashgate Publishing, Ltd.. This book was released on 2015-07-28 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whilst a number of important theoretical works concerning legal pluralism in the context of cultural rights have been published, little has been published specifically on religion. Religion and Legal Pluralism explores the extent to which religious laws are already recognised by the state and the extent to which religious legal systems, such as Sharia law, should be accommodated.

Law and Religion

Author : Stephen M. Feldman
Publisher : NYU Press
ISBN 13 : 0814726798
Total Pages : 496 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis Law and Religion by : Stephen M. Feldman

Download or read book Law and Religion written by Stephen M. Feldman and published by NYU Press. This book was released on 2000-09 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few issues arouse as much passionate debate as the relationship between church and state. Political parties and coalitions have long jockeyed for position in the battle to either keep the two separate, or to unify them in one nation indivisible from God. While the battle has been raging in the political arena, figures from academia, the media, and myriad other vantage points, have commented on the context and constitutionality of laws governing religious expression. In Law and Religion, Stephen M. Feldman brings together the many perspectives that have shaped policy on this important national issue. In giving voice to the political left and right, as well as to cultural, philosophical, sociological and historical perspectives, the book serves as an even-handed treatment of an issue all too often clouded by biases. Contributors ranging from Stanley Fish to Richard John Neuhaus explore issues extending from religious morality and religious freedom, to fundamentalism, the separation of church and state, religion and public schooling, and liberal political theory. Comprehensive in scope, Law and Religion will stand as an important reference for anyone seeking to further understand this complex and highly emotional topic.

Feminism, Law and Religion

Author : Marie A. Failinger
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 140944421X
Total Pages : 449 pages
Book Rating : 4.4/5 (94 download)

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Book Synopsis Feminism, Law and Religion by : Marie A. Failinger

Download or read book Feminism, Law and Religion written by Marie A. Failinger and published by Ashgate Publishing, Ltd.. This book was released on 2013 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: With contributions from some of the most prominent voices writing on gender, law and religion today, this book illuminates some of the conflicts at the intersection of feminism, theology and law. Among the themes discussed are the cross-over between religious and secular values and assumptions in the search for a just jurisprudence for women, the application of theological insights from religious traditions to legal issues at the core of feminist work, feminist legal readings of scriptural texts on women's rights and the place that religious law has assigned to women in ecclesiastic life. The book is essential reading for legal and religious academics and students working in the area of gender and law or law and religion.

Freedom of Religion Or Belief

Author : Heiner Bielefeldt
Publisher : Oxford University Press
ISBN 13 : 0198703988
Total Pages : 701 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Freedom of Religion Or Belief by : Heiner Bielefeldt

Download or read book Freedom of Religion Or Belief written by Heiner Bielefeldt and published by Oxford University Press. This book was released on 2016 with total page 701 pages. Available in PDF, EPUB and Kindle. Book excerpt: This commentary on freedom of religion or belief provides a comprehensive overview of the pressing issues of freedom of religion or belief from an international law perspective.

Christianity and Global Law

Author : Rafael Domingo
Publisher : Routledge
ISBN 13 : 1000039226
Total Pages : 400 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Christianity and Global Law by : Rafael Domingo

Download or read book Christianity and Global Law written by Rafael Domingo and published by Routledge. This book was released on 2020-03-31 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores both historical and contemporary Christian sources and dimensions of global law and includes critical perspectives from various religious and philosophical traditions. Two dozen leading scholars discuss the constituent principles of this new global legal order historically, comparatively, and currently. The first part uses a historical-biographical approach to study a few of the major Christian architects of global law and transnational legal theory, from St. Paul to Jacques Maritain. The second part distills the deep Christian sources and dimensions of the main principles of global law, historically and today, separating out the distinct Catholic, Protestant, and Orthodox Christian contributions as appropriate. Finally, the authors address a number of pressing global issues and challenges, where a Christian-informed legal perspective can and should have deep purchase and influence. The work makes no claim that Christianity is the only historical shaper of global law, nor that it should monopolize the theory and practice of global law today. But the book does insist that Christianity, as one of the world’s great religions, has deep norms and practices, ideas and institutions, prophets and procedures that can be of benefit as the world struggles to find global legal resources to confront humanity’s greatest challenges. The volume will be an essential resource for academics and researchers working in the areas of law and religion, transnational law, legal philosophy, and legal history.

Law and Religion in Public Life

Author : Nadirsyah Hosen
Publisher : Routledge
ISBN 13 : 1136725830
Total Pages : 301 pages
Book Rating : 4.1/5 (367 download)

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Book Synopsis Law and Religion in Public Life by : Nadirsyah Hosen

Download or read book Law and Religion in Public Life written by Nadirsyah Hosen and published by Routledge. This book was released on 2011-04-27 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: With religion at centre stage in conflicts worldwide, and in social, ethical and geo-political debates, this book takes a timely look at relations between law and religion. To what extent can religion play a role in secular legal systems? How do peoples of various faiths live successfully by both secular laws as well as their religious laws? Are there limits to freedom of religion? These questions are related to legal deliberations and broader discussions around secularism, multiculturalism, immigration, settlement and security. The book is unique in bringing together leading scholars and respected religious leaders to examine legal, theoretical, historical and religious aspects of the most pressing social issues of our time. In addressing each other’s concerns, the authors ensure accessibility to interdisciplinary and non-specialist audiences: scholars and students in social sciences, human rights, theology and law, as well as a broader audience engaged in social, political and religious affairs. Five of the book’s thirteen chapters address specific contemporary issues in Australia, one of the most ethnically diverse countries in the world and a pioneer of multicultural policies. Australia is a revealing site for contemporary studies in a world afraid of immigration and terrorism. The other chapters deal with political, legal and ethical issues of global significance. In conclusion, the editors propose increasing dialogue with and between religions. Law may intervene in or guide such dialogue by defending the free exchange of religious ideas, by adjudicating disputes over them, or by promoting a civil society that negotiates, rather than litigates.

Religion and Nationalism in Global Perspective

Author : J. Christopher Soper
Publisher : Cambridge University Press
ISBN 13 : 1107189438
Total Pages : 287 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Religion and Nationalism in Global Perspective by : J. Christopher Soper

Download or read book Religion and Nationalism in Global Perspective written by J. Christopher Soper and published by Cambridge University Press. This book was released on 2018-10-11 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a new framework for understanding how religion and nationalism interact across diverse countries and religious traditions.

Freedom of Religion

Author : Paul M. Taylor
Publisher : Cambridge University Press
ISBN 13 : 9781139448772
Total Pages : 456 pages
Book Rating : 4.4/5 (487 download)

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Book Synopsis Freedom of Religion by : Paul M. Taylor

Download or read book Freedom of Religion written by Paul M. Taylor and published by Cambridge University Press. This book was released on 2005-12-22 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: The scale and variety of acts of religious intolerance evident in so many countries today are of enormous contemporary concern. This 2005 study attempts a thorough and systematic treatment of both Universal and European practice. The standards applicable to freedom of religion are subjected to a detailed critique, and their development and implementation within the UN is distinguished from that within Strasbourg, in order to discern trends and obstacles to their advancement and to highlight the rationale for any apparent departures between the two systems. This dual focus also demonstrates the acute need for the European Court to heed the warnings from various patterns of violation throughout the world illustrated by the Human Rights Committee and the Special Rapporteur on freedom of religion or belief.

Public and Private in Ancient Mediterranean Law and Religion

Author : Clifford Ando
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110392518
Total Pages : 353 pages
Book Rating : 4.1/5 (13 download)

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Book Synopsis Public and Private in Ancient Mediterranean Law and Religion by : Clifford Ando

Download or read book Public and Private in Ancient Mediterranean Law and Religion written by Clifford Ando and published by Walter de Gruyter GmbH & Co KG. This book was released on 2015-03-10 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The public/private distinction is fundamental to modern theories of the family, religion and religious freedom, and state power, yet it has had different salience, and been understood differently, from place to place and time to time. The volume brings together essays from an international array of experts in law and religion, in order to examine the public/private distinction in comparative perspective. The essays focus on the cultures and religions of the ancient Mediterranean, in the formative periods of Greece and Rome and the religions of Judaism, Christianity and Islam. Particular attention is given to the private exercise of religion, the relation between public norms and private life, and the division between public and private space and the place of religion therein.