Legal Position of Churches and Church Autonomy

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Author :
Publisher : Peeters Publishers
ISBN 13 : 9789042910843
Total Pages : 290 pages
Book Rating : 4.9/5 (18 download)

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Book Synopsis Legal Position of Churches and Church Autonomy by : Hildegard Warnink

Download or read book Legal Position of Churches and Church Autonomy written by Hildegard Warnink and published by Peeters Publishers. This book was released on 2001 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book includes all papers presented at the colloquium on Church and State on 28 February and 1-2 March 2001. The colloquium, focusing on the legal position of churches, the autonomy of churches in modern societies and recent tendencies in jurisprudence, was organised by the Faculty of Canon Law of the Catholic University Leuven in collaboration with the Faculty of Theology of the University of Stellenbosch. Both the conference and the book have two objectives. The fist is informing about the South African history on Church and State relationships and its current situation under the new Constitution. The second objective is to search for models leading to a new equilibrium between Church and State in South Africa. Models offered by other countries are examined as a point of reference or as a possible source of inspiration. International scholars and academics, church Ministers as well as leading politicians offer their viewpoints and enter into debate with each other.

The Crisis of Church and State, 1050-1300

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Author :
Publisher : University of Toronto Press
ISBN 13 : 9780802067012
Total Pages : 228 pages
Book Rating : 4.0/5 (67 download)

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Book Synopsis The Crisis of Church and State, 1050-1300 by : Brian Tierney

Download or read book The Crisis of Church and State, 1050-1300 written by Brian Tierney and published by University of Toronto Press. This book was released on 1988-01-01 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the Introduction: We need not be surprised, then, that in the Middle Ages also there were rulers who aspired to supreme political and temporal power. The truly exceptional thing is that in medieval times there were always at least two claimants to the role, each commanding a formidable apparatus of government, and that for century after century neither was able to dominate the other completely, so that the duality persisted, was eventually rationalized in works of political theory and ultimately built into the structure of European society. This situation profoundly influenced the development of Western constitutionalism.

Christianity and Human Rights

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Publisher : Cambridge University Press
ISBN 13 : 1139494112
Total Pages : 403 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Christianity and Human Rights by : John Witte, Jr

Download or read book Christianity and Human Rights written by John Witte, Jr and published by Cambridge University Press. This book was released on 2010-12-23 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining Jewish, Greek, and Roman teachings with the radical new teachings of Christ and St. Paul, Christianity helped to cultivate the cardinal ideas of dignity, equality, liberty and democracy that ground the modern human rights paradigm. Christianity also helped shape the law of public, private, penal, and procedural rights that anchor modern legal systems in the West and beyond. This collection of essays explores these Christian contributions to human rights through the perspectives of jurisprudence, theology, philosophy and history, and Christian contributions to the special rights claims of women, children, nature and the environment. The authors also address the church's own problems and failings with maintaining human rights ideals. With contributions from leading scholars, including a foreword by Archbishop Desmond Tutu, this book provides an authoritative treatment of how Christianity shaped human rights in the past, and how Christianity and human rights continue to challenge each other in modern times.

First Amendment Institutions

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Publisher : Harvard University Press
ISBN 13 : 0674070925
Total Pages : 490 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis First Amendment Institutions by : Paul Horwitz

Download or read book First Amendment Institutions written by Paul Horwitz and published by Harvard University Press. This book was released on 2013-01-07 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addressing a host of hot-button issues, from the barring of Christian student groups and military recruiters from law schools and universities to churches’ immunity from civil rights legislation in hiring and firing ministers, Paul Horwitz proposes a radical reformation of First Amendment law. Arguing that rigidly doctrinal approaches can’t account for messy, real-world situations, he suggests that the courts loosen their reins and let those institutions with a stake in First Amendment freedoms do more of the work of enforcing them. Universities, the press, libraries, churches, and various other institutions and associations are a fundamental part of the infrastructure of public discourse. Rather than subject them to ill-fitting, top-down rules and legal categories, courts should make them partners in shaping public discourse and First Amendment law, giving these institutions substantial autonomy to regulate their own affairs. Self-regulation and public criticism should be the key restraints on these institutions, not judicial fiat. Horwitz suggests that this approach would help the law enhance the contribution of our “First Amendment institutions” to social and political life. It would also move us toward a conception of the state as a participating member of our social framework, rather than a reigning and often overbearing sovereign. First Amendment Institutions offers a new vantage point from which to evaluate ongoing debates over topics ranging from campaign finance reform to campus hate speech and affirmative action in higher education. This book promises to promote—and provoke—important new discussions about the shape and future of the First Amendment.

Law, Religion, Constitution

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Author :
Publisher : Routledge
ISBN 13 : 1317107381
Total Pages : 455 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Law, Religion, Constitution by : W. Cole Durham

Download or read book Law, Religion, Constitution written by W. Cole Durham and published by Routledge. This book was released on 2016-04-29 with total page 455 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.

Religious Courts in the Jurisprudence of the European Court of Human Rights

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Author :
Publisher : BRILL
ISBN 13 : 9004416501
Total Pages : 78 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Religious Courts in the Jurisprudence of the European Court of Human Rights by : Michał Rynkowski

Download or read book Religious Courts in the Jurisprudence of the European Court of Human Rights written by Michał Rynkowski and published by BRILL. This book was released on 2019-09-02 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religious courts have been part of the European legal landscape for centuries. Almost all churches and religious communities have their own judicial systems, often composed of courts or tribunals ordered hierarchically. The aim of this book is to present cases from the jurisprudence of the European Court of Human Rights, in which a religious court was involved at the stage of domestic proceedings. The twelve cases in question originate from a number of European States, in which the applicants belonged to many denominations, although predominantly Christian. The Court of Human Rights has mainly been concerned with religious courts in terms of compliance with the requirement for a fair hearing by an independent and impartial tribunal under Article 6 of the European Convention of Human Rights and has come to various conclusions. The most recent judgment from September 2017, Nagy v. Hungary, and in particular many associated dissenting opinions, demonstrate that the matter is worthy of study, particularly in the contemporary context of religious freedom.

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

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Author :
Publisher : Springer
ISBN 13 : 3319283359
Total Pages : 410 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 410 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.

Business, Religion and the Law

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1000832767
Total Pages : 142 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Business, Religion and the Law by : Matteo Corsalini

Download or read book Business, Religion and the Law written by Matteo Corsalini and published by Taylor & Francis. This book was released on 2022-12-30 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the intersection between business and religion from a legal perspective. Taking a fresh look at some of the most compelling literature in law and religion, it proposes a rethinking of what scholars on both sides of the Atlantic have dubbed “church autonomy” or, more recently, “corporate religious freedom”. The volume explores how, in the wake of a decade of US Supreme Court case law, corporate religious freedom is now increasingly being extended to protect the religious liberty of another corporate entity: the for-profit corporation. By exposing this shift from church to business autonomy in American law, it is argued that a similar narrative has also begun to take place in Europe. Through a comparative and interdisciplinary approach to corporate religious freedom, the work provides the reader with a new, comprehensive, and easily accessible history of the genesis and evolution of this legal category in American and European law. The book combines material that straddles international law and religion, corporate law, and economic theory. The diversity of views contained within it makes it a valuable resource for scholars and students in law and religion, corporate social responsibility, and law and economics.

Regulating Religion

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Author :
Publisher : Routledge
ISBN 13 : 1351580159
Total Pages : 336 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Regulating Religion by : Helena Van Coller

Download or read book Regulating Religion written by Helena Van Coller and published by Routledge. This book was released on 2019-07-11 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on government regulation of religious institutions in South Africa. PART 1 explains the meaning of government regulation for religious communities by providing a brief overview of the relationship between church and state, the right to freedom of religion and the legal status of religious organisations. With reference to case examples, this section highlights the importance of religious autonomy and the right to self-determination of religious institutions and non-interference by the state in the internal affairs of the organisation. No fundamental rights are however absolute and the section concludes with a discussion on the limitation of rights and an overview of the relevant constitutional provisions and anti-discrimination laws in place relevant to religious organisations, in the context of equality and non-discrimination. PART 2 discusses in more detail the daily rights, responsibilities and freedoms associated with the right to freedom of religion within some specific spheres of society where regulation of religion has occurred or are necessary or has proved to be problematic. It includes those related to the role of religion in society; the relations between religion and state institutions; education; finance; family matters; employment law; planning law; broadcast media and general governance issues.

Law and Religion in Europe

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Author :
Publisher : OUP Oxford
ISBN 13 : 0191018937
Total Pages : 2639 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Law and Religion in Europe by : Norman Doe

Download or read book Law and Religion in Europe written by Norman Doe and published by OUP Oxford. This book was released on 2011-08-04 with total page 2639 pages. Available in PDF, EPUB and Kindle. Book excerpt: Each state in Europe has its own national laws which affect religion and these are increasingly the subject of political and academic debate. This book provides a detailed comparative introduction to these laws with particular reference to the states of the European Union. A comparison of national laws on religion reveals profound similarities between them. From these emerge principles of law on religion common to the states of Europe and the book articulates these for the first time. It examines the constitutional postures of states towards religion, religious freedom, and discrimination, and the legal position, autonomy, and ministers of religious organizations. It also examines the protection of doctrine and worship, the property and finances of religion, religion, education, and public institutions, and religion, marriage, and children, as well as the fundamentals of the emergent European Union law on religion. The existence of these principles challenges the standard view in modern scholarship that there is little commonality in the legal postures of European states towards religion - it reveals that the dominant juridical model in Europe is that of cooperation between State and religion. The book also analyses national laws in the context of international laws on religion, particularly the European Convention on Human Rights. It proposes that national laws go further than these in their treatment and protection of religion, and that the principles of religion law common to the states of Europe may themselves represent a blueprint for the development of international norms in this field. The book provides a wealth of legal materials for scholars and students. The principles articulated in it also enable greater dialogue between law and disciplines beyond law, such as the sociology of religion, about the role of religion in Europe today. The book also identifies areas for further research in this regard, pointing the direction for future study.

Law and Religion in Africa

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Publisher : AFRICAN SUN MeDIA
ISBN 13 : 1919985638
Total Pages : 382 pages
Book Rating : 4.9/5 (199 download)

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Book Synopsis Law and Religion in Africa by : Pieter Coertzen

Download or read book Law and Religion in Africa written by Pieter Coertzen and published by AFRICAN SUN MeDIA. This book was released on 2015-05-01 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: In our time the study of law and religion is emerging as a wide-ranging and vital academic discipline, with increasingly urgent implications for society at large. Lying at the intersection of a variety of other disciplines ? law, theology, religious studies, political science, sociology and anthropology, to name only the most obvious ? the field of law and religion is generating a burgeoning volume of interdisciplinary and trans-disciplinary research and study. The current volume is proof of this. The discussion of the relationship between law and religion, as seen from a variety of perspectives in Africa, underscores the critical importance of the issues involved in the everyday life of all citizens. It is accordingly vital for governments to take note of the scholarly results that are produced. We hope that this volume will contribute to this aim.

Law and Religion, An Overview

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Author :
Publisher : Routledge
ISBN 13 : 1351560778
Total Pages : 564 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Law and Religion, An Overview by : Silvio Ferrari

Download or read book Law and Religion, An Overview written by Silvio Ferrari and published by Routledge. This book was released on 2017-07-05 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt: The focus of this volume is on the historical and geographical elements of law and religion. The first part delineates and analyzes the relation between church and state from the Gregorian Revolution to the human rights era and gives a sense of the evolution of the church and state relationship, whilst the second part explores law and religion issues around the world. The volume redresses the tendency towards a western-centric approach in the discipline by including essays from regional experts which present local approaches to law and religion in Asia, Africa, and South America. The collection is unique in that it brings together wide-ranging case studies and out-of-print papers and is an important resource for established and new scholars in the field.

Facilitating Freedom of Religion or Belief: A Deskbook

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Author :
Publisher : Springer
ISBN 13 : 9401756163
Total Pages : 1072 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis Facilitating Freedom of Religion or Belief: A Deskbook by : W. Cole Durham

Download or read book Facilitating Freedom of Religion or Belief: A Deskbook written by W. Cole Durham and published by Springer. This book was released on 2013-12-11 with total page 1072 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the world enters the 21st Century, the challenges in implementing freedom of religion or belief grow more complex and more acute. How can the internationally recognized norms regarding freedom of religion or belief be meaningful for all - women and men, majorities and minorities, established religions and new religious movements, parents and children? How can tolerance, mutual respect and understanding be globally expanded? How does freedom of religion or belief relate to other human rights? Launched by the Oslo Coalition on Freedom of Religion or Belief, this deskbook anthology is designed as a single-volume resource for all who are concerned with facilitating improved global compliance with international standards in this vital area. The varied and diverse topics addressed by over fifty global experts in the field provide a rich weave of many threads. The book addresses historical and philosophical background on religious human rights, applicable international norms and the international procedural mechanisms for safeguarding these norms. It surveys central areas of controversy, including registration of religious and belief organizations, emerging debates on religion and gender, parental and children's rights, new religious movements, proselytism, and conscientious objection. Other chapters describe practical approaches to promoting tolerance and understanding through education, inter-religious dialogue, joint religious efforts addressing shared social problems, and conflict resolution initiatives. The volume also provides practical information regarding networking and other background issues that can help translate understanding of the applicable norms and procedures into action. Appendices provide texts of major international instruments on freedom of religion or belief.

Peacemaking and the Canon Law of the Catholic Church

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Author :
Publisher : BRILL
ISBN 13 : 9004545743
Total Pages : 259 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Peacemaking and the Canon Law of the Catholic Church by : Charles Reid, Jr.

Download or read book Peacemaking and the Canon Law of the Catholic Church written by Charles Reid, Jr. and published by BRILL. This book was released on 2023-12-21 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume unites three disparate strands of historical and legal experience. Nearly from its beginning, the Catholic Church has sought to promote peace – among warring parties, and among private litigants. The volume explores three vehicles the Church has used to promote peace: papal diplomacy of international disputes both medieval and contemporary; the arbitration of disputes among litigants; and the use of the tools of reconciliation to bring about rapprochement between ecclesiastical superiors and those subject to their authority. The book concludes with an appendix exploring a wide variety of hypothetical, yet plausible scenarios in which the Church might use its good offices to repair breaches among persons and nations.

Religion, migration and conflict

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Author :
Publisher : LIT Verlag Münster
ISBN 13 : 364390620X
Total Pages : 200 pages
Book Rating : 4.6/5 (439 download)

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Book Synopsis Religion, migration and conflict by : Carl Sterkens

Download or read book Religion, migration and conflict written by Carl Sterkens and published by LIT Verlag Münster. This book was released on 2015 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: In various parts of the world, the act of migration can result in an increase of religious and cultural plurality. However, can this also result in more interreligious conflict? And, if so, which factors stimulate and which inhibit conflict? These and other related questions are addressed in this volume. (Series: Nijmegen Studies in Development and Cultural Change [NICCOS] - Vol. 51) [Subject: Sociology, Migration Studies, Religious Studies, Cultural Studies]

European Muslims and the Secular State

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Author :
Publisher : Routledge
ISBN 13 : 1351938509
Total Pages : 344 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis European Muslims and the Secular State by : Sean McLoughlin

Download or read book European Muslims and the Secular State written by Sean McLoughlin and published by Routledge. This book was released on 2016-12-05 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The institutionalization of Islam in the West continues to raise many questions for a range of different constituencies. Secularization represents much more than the legal separation of politics and religion in Europe; for important segments of European societies, it has become the cultural norm. Therefore, Muslims' settlement and their claims for the public recognition of Islam have often been perceived as a threat. This volume explores current interactions between Muslims and the more or less secularized public spaces of several European states, assessing the challenges such interactions imply for both Muslims and the societies in which they now live. Divided into three parts, it examines the impact of State-Church relations, 'Islamophobia' and 'the war on terrorism', evaluates the engagement of Muslim leaders with the State and civil society, and reflects on both individual and collective transformations of Muslim religiosity.

Reshaping Protestantism in a Global Context

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Author :
Publisher : LIT Verlag Münster
ISBN 13 : 3825807061
Total Pages : 264 pages
Book Rating : 4.8/5 (258 download)

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Book Synopsis Reshaping Protestantism in a Global Context by : Volker Küster

Download or read book Reshaping Protestantism in a Global Context written by Volker Küster and published by LIT Verlag Münster. This book was released on 2009 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: The regional contributions from Africa and Asia show how the old European made denominational differences fade in the light of African Instituted Churches or Pentecostalism. Reshaping Protestantism is not a backward oriented project of reconstructing the original but makes use of the inner protestant pluralism to cope with globalization and changing religious landscapes. Who reads through the different articles can only come to the conclusion: Yes, there is a contribution to be expected from mainline Protestantism in all its variety.