מעודכן ל: 31.1.2024
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Religion and law
Church and state
Christianity and International Law by
This cross-disciplinary collaboration offers historical and contemporary scholarship exploring the interface of Christianity and international law. Christianity and International Law aims to understand and move past arguments, narratives and tropes that commonly frame law-religion studies in global governance. Readers are introduced to a range of confessional and critical perspectives explicitly engaging a diverse range of methodological and theoretical orientations to rethink how we experience and find ourselves caught within the phenomena of Christianity and international law.
Representing God: Christian Legal Activism in Contemporary England by
How evangelical activism in England contributes to the secularizing forces it seeks to challenge Over the past two decades, a growing number of Christians in England have gone to court to enforce their right to religious liberty. Funded by conservative lobby groups and influenced by the legal strategies of their American peers, these claimants--registrars who conscientiously object to performing the marriages of same-sex couples, say, or employees asking for exceptions to uniform policies that forbid visible crucifixes--highlight the uneasy truce between law and religion in a country that maintains an established Church but is wary of public displays of religious conviction. Representing God charts the changing place of public Christianity in England through the rise of Christian political activism and litigation. Based on two years of fieldwork split between a conservative Christian lobby group and a conservative evangelical church, Méadhbh McIvor explores the ideas and contested reception of this ostensibly American-inspired legal rhetoric. She argues that legal challenges aimed at protecting "Christian values" ultimately jeopardize those values, as moralities woven into the fabric of English national life are filtered from their quotidian context and rebranded as the niche interests of a cultural minority. By framing certain moral practices as specifically Christian, these activists present their religious convictions as something increasingly set apart from broader English culture, thereby hastening the secularization they seek to counter. Representing God offers a unique look at how Christian politico-legal activism in England simultaneously responds to and constitutes the religious life of a nation.
The Transition of Religion to Culture in Law and Public Discourse by
This book explores the recent trend toward the transformation of religious symbols and practices into culture in Western democracies. Analyses of three legal cases involving religion in the public sphere are used to illuminate this trend: a municipal council chamber; a town hall; and town board meetings. Each case involves a different national context-Canada, France, and the United States-and each illustrates something interesting about the shape-shifting nature of religion, specifically its flexibility and dexterity in the face of the secular, the religious, and the plural. Despite the differences in national contexts, in each instance religion is transformed into culture or heritage by the courts to justify or excuse its presence and to distance the state from the possibility that it is violating legal norms of distance from religion. The cultural practice or symbol is represented as a shared national value or activity. Transforming the 'Other' into 'Us' through reconstitution is also possible. Finally, anxiety about the 'Other' becomes part of the story of rendering religion as culture, resulting in the impugning of anyone who dares to question the putative shared culture.
Worldly Politics and Divine Institutions : Contemporary Entanglements of Faith and Government by
Worldly Politics and Divine Institutions explores the entanglement of religion and government in a comparative, case-based analysis of several major court cases from the European Court of Human Rights, the U.S. Supreme Court, and the Supreme Court of the U.K. The entanglement of religion and state is prevalent in many democratic countries however it is understudied. Worldly Politics and Divine Institutions aims to fill this blind spot. Categories and cases such as discrimination conducted by governmentally funded religious associations and the governmental endorsement of religious symbols in public spaces create hybrid institutions, that are difficult to analyse, compare and manage. The structuring of an adequate, novel framework of analysis and comparison is one core goal of Worldly Politics and Divine Institutions.
Gender Discrimination for Religious Reasons in Islamic Countries and International Human Rights Treaties by
Gender equality rights are fundamental human rights that are recognized in international human rights treaties, which bind states to eliminate gender discrimination formally and in practice. Islam is recognized as the official religion in the constitutional law of Islamic countries; religious scholars have the competence to interpret Islamic law, resulting in creating a series of unequal rights for women based on Islamic law, which often continues in legal structures. Nevertheless, a majority of Islamic countries have ratified the international human rights treaties but have put reservations in place based on Sharia concerning articles on gender equality rights. Therefore, this dissertation addressed that the degree to which international law has accepted gender discrimination for religious reasons.
Islamic Legal Theory: A Critical Introduction Based on Al-Juwayni's Waraqat fi usul al-Fiqh by
David Vishanoff's thorough and original unpacking of the Sunnī jurist al-Juwaynī's (1028-1085) Kitāb al-Waraqāt fī uṣūl al-fiqh introduces English-speaking readers to the main concepts, terms, principles, and functions of the classical Islamic discipline of legal theory. This volume offers an ideal entry to the otherwise dense and complex mainstream Sunnī views that dominated Islamic legal thought in al-Juwaynī's day--and that are still widely accepted today. A critical edition of al-Juwaynī's Arabic text is also included.
Minority Religions Under Irish Law : Islam in National and International Context by
Minority Religions under Irish Law focuses the spotlight specifically on the legal protections afforded in Ireland to minority religions, generally, and to the Muslim community, in particular. Although predominantly focused on the Irish context, the book also boasts contributions from leading international academics, considering questions of broader global importance such as how to create an inclusive environment for minority religions and how to regulate religious tribunals best. Reflecting on issues as diverse as the right to education, marriage recognition, Islamic finance and employment equality, Minority Religions under Irish Law provides a comprehensive and fresh look at the legal space occupied by many rapidly growing minority religions in Ireland, with a special focus on the Muslim community.
A Multicultural Entrapment: Religion and State Among the Palestinian-Arabs in Israel by
The religion and state debate in Israel has overlooked the Palestinian-Arab religious communities and their members, focusing almost exclusively on Jewish religious institutions and norms and Jewish majority members. Because religion and state debates in many other countries are defined largely by minority religions' issues, the debate in Israel is anomalous. Michael Karayanni advances a legal matrix that explains this anomaly by referencing specific constitutional values. At the same time, he also takes a critical look at these values and presents the argument that what might be seen as liberal and multicultural is at its core just as illiberal and coercive. In making this argument, A Multicultural Entrapment suggests a set of multicultural qualifications by which one should judge whether a group based accommodation is of a multicultural nature.
Muslim and American? Straddling Islamic Law and U.S. Justice by
Hanshaw explores the often competing demands that confront American Muslims from Islamic religious law and secular law. The conflict extends into many aspects of daily life, ranging from issues concerning divorce and child custody to the interpretation of contracts. The receptivity of U.S. courts to claims rooted in Islamic legal principles has been uneven, leaving Muslims in a state of uncertainty. As well, U.S. courts have often struggled to interpret Islamic law provisions.
The Oxford Handbook of Islamic Law by
The Oxford Handbook of Islamic Law offers a historiographic window into the scholarly treatment of a wide range of topics in the field of Islamic legal studies. Each essay, authored by an expert in the field, situates its subject in relation to historical academic scholarship. The historiographic feature of the volume is deliberate, to appreciate the contested nature of key concepts and topics in Islamic law without taking any particular account for granted. The essays both describe and reflect on scholarly debates, and gesture to future areas of fruitful research.
Philosophy and Jurisprudence in the Islamic World by
This book brings together the study of two great disciplines of the Islamic world: law and philosophy. In both sunni and shiite Islam, it became the norm for scholars to acquire a high level of expertise in the legal tradition. Thus some of the greatest names in the history of Aristotelianism were trained jurists, like Averroes, or commented on the status and nature of law, like al-Fārābī. While such authors sought to put law in its place relative to the philosophical disciplines, others criticized philosophy from a legal viewpoint, like al-Ghazālī and Ibn Taymiyya. But this collection of papers does not only explore the relative standing of law and philosophy. It also looks at how philosophers, theologians, and jurists answered philosophical questions that arise from jurisprudence itself. What is the logical structure of a well-formed legal argument? What standard of certainty needs to be attained in passing down judgments, and how is that standard reached? What are the sources of valid legal judgment and what makes these sources authoritative? May a believer be excused on grounds of ignorance? Together the contributions provide an unprecedented demonstration of the close connections between philosophy and law in Islamic society, while also highlighting the philosophical interest of texts normally studied only by legal historians.
Promoting Women's Rights in Islamic Law in a Non-Muslim State - Israel by
The dissolution of the Ottoman Empire, through the British mandate and the establishment of the state of Israel, created a reality in which no Muslim legislator existed in the country. Thus, the chief judge--Qadi al Qudat, due to the dire need for reforms in the Sharia' family law and in order to minimize the intervention of the non-Muslim--Israeli legislator in the divine family law, he took it upon himself to initiate the reforms. As such, this experience is considered pioneer world-wide and unique in its scope. The reforms were done in accordance with the Islamic rules of renewal and are derived from the Islamic jurisprudence--sharia' itself. This process was done in two tracks: First, decisions of the High Court of Appeals should be followed by the lower courts as binding precedents. Second, the president of the High Sharia' court issued judicial decrees guidelines to the lower courts, driven by the Maslaha, the public interest, in various matters of Islamic law such as promoting women status, children rights and preservation of Islamic sites and cemeteries sanctity.
Secularism(s) in Contemporary France: Law, Policy, and Religious Diversity by
The increasing visibility of Islam in France and the vehemence of debates about it have often contributed to narrow public perceptions of secularism to a simplistic antireligious crusade, a misleading image disseminated by the media and politicians alike. Taking the opposite stand, this book embarks on a comprehensive effort to document the multiple areas in which French secularism plays out - in debates over “cults,” places of worship, chaplaincy services in public institutions, the recognition of associations of worship, and more -, outlining and analizing the legal paths favored by the state in the regulation of religious diversity. While Islam has undoubtedly contributed to the reshaping of French secularism in the last decades, the book moves beyond what has come to be known as the "Muslim Question" to look at the multiplicity of challenges contemporary religious beliefs, practices, and organizations now pose to the state. David Koussens examines the main political and legal configurations of French secularism over the last thirty years through a sociological and juridical lens, in order to better document its diversity. Such a portrait emphasizes that French secularism is not a univocal phenomenon but one that appears in many guises.
Sharia and Justice by
Justice is considered the basic norm of human coexistence. Every legal order refers to the concept of justice, and Muslims also regard their religious norms (the Sharia) as offering just solutions to legal questions. But is the assumption that the Sharia is just merely an acceptance of a status quo correct? And is justice the necessary aim of the Sharia? In this volume, renowned scholars discuss these questions from different perspectives. In principle, the first normative source of Islam, the Qur'an, orders justice and fair conduct (Rohe). At the same time, an analysis of the concept of justice in the classical age of Islam (Ahmed and Poya) also shows that there existed ambivalent understandings of this concept. The relationship of the idea of justice in Islam to political questions (Ende), to war (Poya), and to modern reform (Mir-Hosseini) again confirms the importance of the concept for a critical reflection on traditional assumptions and existing circumstances. The discussion on the hijab in Western countries (Ladwig) shows paradigmatically how justice can regulate the relationship between the secular state and the Sharia. The essays in this volume endeavor to show that debates about justice, in Islam as well, express an underlying tension between the perception of an order as just on the one hand, and the feeling of injustice under the same order on the other. This discussion validates the idea that justice should be understood as a concept subject to a perpetual reexamination according to changing times and circumstances.
Sharia Law in the Twenty-First Century by
Sharia Law in the Twenty-First Century consists of concise, detailed analytical studies on current critical discussions of Sharia in the Western and Muslim legal traditions. Contributors to this volume are well-known academics in their fields and have been at the forefront of critical studies on various aspects of Islamic law. Breaking new ground for understanding the dynamics of law and society, most contributors in this volume have influenced current academic discourse on Sharia.
The chapters contained within this volume find that globalism and Sharia have been posing challenges to one another. These respective challenges are studied from the perspectives of theory, history and the diverse contexts in which Sharia developed during the twenty-first century. The approach in this book is overall contextual with reference to time and place. For accessibility, unlike other books on Islamic law, Sharia Law in the Twenty-First Century has minimal footnotes and reduced diacritical marks, but offers an essential glossary in an appendix.
The Sociology of Shari'a by
This edited collection focuses on the comparative analysis of the application of Shari'a in countries with Muslim minorities (e.g. USA, Australia, Germany and Italy) and majorities (e.g. Malaysia, Bangladesh, Turkey, and Morocco). Most chapters in this new edition have been revised and the book as a whole has been updated to give even more international coverage. This text provides a sociological and global analysis of a phenomenon that goes beyond the 'West versus the rest' dichotomy. One example of this is how included are case studies in Muslim minority countries not exclusively located in the West. Although the contributors of this book come from various disciplines such as law, anthropology, and sociology, this volume has a strong sociological focus on the analysis of Shari'a. The final part of the book indeed draws out from all the case studies explored some ground-breaking theories on the sociology of Shari'a such as the application of Black, Chambliss and Eisenstein's sociological theories. This text appeals to students and researchers working in the sociology of religion.
State, Religion, and Muslims : Between Discrimination and Protection at the Legislative, Executive, and Judicial Levels by
State, Religion and Muslims: Between Discrimination and Protection at the Legislative, Executive and Judicial Levels brings together the academics from different academic disciplines and offers an in-depth analysis of discrimination against Muslims in western countries affecting them in specific areas of life. The volume provides a comprehensive look at the legislative, executive and judicial dimensions of discrimination across the 12 Western countries situating discriminatory practices in their institutional framework with a multidisciplinary look. Exploring the most formidable aspects of the discrimination against Muslims - education, employment, exercise of religion, state relations with religious communities and hate crime and hate speech - the volume illustrates that the individual, structural and institutional discrimination against Muslims living in western countries has become a routine.
Being a Nation State in the Twenty-First Century : Between State and Synagogue in Modern Israel by
Since the founding of the Zionist movement until today, the question of the relationship between "Church" and the state remains unresolved. This book is the historical and contemporary story of this conflict. It is impossible to understand the State of Israel properly without reading it.
The Cambridge Companion to Judaism and Law by
The Cambridge Companion to Judaism and Law explores the Jewish conception of law as an essential component of the divine-human relationship from biblical to modern times, as well as resistance to this conceptualization. It also traces the political, social, intellectual, and cultural circumstances that spawned competing Jewish approaches to its own 'divine' law and the 'non-divine' law of others, including that of the modern, secular state of Israel. Part I focuses on the emergence and development of law as an essential element of religious expression in biblical Israel and classical Judaism through the medieval period. Part II considers the ramifications for the law arising from political emancipation and the invention of Judaism as a 'religion' in the modern period. Finally, Part III traces the historical and ideological processes leading to the current configuration of religion and state in modern Israel, analysing specific conflicts between religious law and state law.
The Constitution of Israel: A Contextual Analysis by
This book presents the main features of the Israeli constitutional system and a topical discussion of Israel's basic laws. It focuses on constitutional history and the peculiar decision to frame a constitution 'by stages'. Following its British heritage and the lack of a formal constitution, Israel's democracy grew for more than four decades on the principle of parliamentary supremacy. Introducing a constitutional model and the concept of judicial review of laws, the 'constitutional revolution' of the 1990s started a new era in Israel's constitutional history. The book's main themes include: constitutional principles; the legislature and the electoral system; the executive; the protection of fundamental rights and the crucial role of the Supreme Court in Israel's constitutional discourse. It further presents Israel's unique aspects as a Jewish and democratic state, and its ongoing search for the right balance between human rights and national security. Finally, the book offers a critical discussion of the development of Israel's constitution and local projects aimed at enacting a single and comprehensive text.
Defining Israel: The Jewish State, Democracy and Law by
Defining Israel: The Jewish State, Democracy, and the Law is the first book in any language devoted to the controversial passage of Israel's nation-state law. Israel has no constitution, and though it calls itself the Jewish state there is no agreement among Israelis on how that fact should be reflected in the government's laws or by its courts. Since the 1990s a number of civil society groups and legislators have drafted constitutions and proposed Basic Laws with constitutional standing that would clarify what it means for Israel to be a "Jewish and democratic state." Are these bills liberal or chauvinist? Are they a defense of the Knesset or an attack on the independence of the courts? Is their intention democratic or anti-democratic? The fight over the nation-state law-whether to have one and what should be in it-toppled the 19th Knesset's governing coalition and, even after its passage on July 29, 2018, remains a point of contention among Israel's lawmakers and increasingly the Israeli public. Defining Israel brings together influential scholars, journalists, and politicians, observers and participants, opponents and proponents, Jews and Arabs, all debating the merits and meaning of Israel's nation-state law. Together with translations of each draft law, the final law, and other key documents, the essays and sources in Defining Israel are essential to understand the ongoing debate over what it means for Israel to be a Jewish and democratic state.
DNA in Halakhah by
Judaism and Jewish law are eternal and immutable. But the world changes and presents novel challenges. Modern science and developing technology create facts on the ground that raise relevant contemporary questions of which Halakhah must take cognizance.
Fingerprint examination, blood typing and DNA matching were all unknown until recent decades. Jewish law posits strict laws of evidence and generally excludes circumstantial evidence for most purposes. Rabbi Bleich\x27s comprehensive work explores the nature of DNA evidence in establishing paternity, the relief of agunot, mamzerut, inheritance, identity as a Jew and as a kohen, the so-called “Jewish” gene and the kohen gene.
Halakhah: The Rabbinic Idea of Law by
How the rabbis of the Talmud transformed everything into a legal question--and Jewish law into a way of thinking and talking about everything Though typically translated as "Jewish law," the term halakhah is not an easy match for what is usually thought of as law. This is because the rabbinic legal system has rarely wielded the political power to enforce its many detailed rules, nor has it ever been the law of any state. Even more idiosyncratically, the talmudic rabbis claim that the study of halakhah is a holy endeavor that brings a person closer to God--a claim no country makes of its law. In this panoramic book, Chaim Saiman traces how generations of rabbis have used concepts forged in talmudic disputation to do the work that other societies assign not only to philosophy, political theory, theology, and ethics but also to art, drama, and literature. In the multifaceted world of halakhah where everything is law, law is also everything, and even laws that serve no practical purpose can, when properly studied, provide surprising insights into timeless questions about the very nature of human existence. What does it mean for legal analysis to connect humans to God? Can spiritual teachings remain meaningful and at the same time rigidly codified? Can a modern state be governed by such law? Guiding readers across two millennia of richly illuminating perspectives, this book shows how halakhah is not just "law" but an entire way of thinking, being, and knowing.
Jewish and Israeli Law An Introduction by
This book instructively introduces the reader to the basics of Jewish law. It gives a detailed, cutting-edge analysis of contemporary public and private law in the State of Israel, as well as Israel's legal culture, its system of government, and the roles of its democratic institutions: the executive, parliament, and judiciary. The book examines issues of Holocaust, law and religion, constitutionalization, and equality.
The Oxford Handbook of Israeli Politics and Society by
This publication offers the most wide-ranging examination to date of an intriguing country, one that is often misunderstood. It serves as a comprehensive reference for the growing field of Israel studies and is also a significant resource for students and scholars of comparative politics,recognizing that in many ways Israel is not unique but rather a test case of democracy in deeply divided societies and states engaged in intense conflict.The Oxford Handbook of Israeli Politics and Society considers the role of external hostilities, but this is not taken as the main determinant of Israel's internal politics. Rather, the Handbook presents an overview of the historical development of Israeli democracy through chapters examining thecountry's history, contemporary society, political institutions, international relations, and most pressing political issues. This comprehensive volume offers contributions by internationally recognized authorities on their subjects, outlining the most relevant developments over time while notshying away from the strife both in and around Israel. It presents opposed narratives in full force, enabling readers to make their own judgments.
The Principles of Jewish Law by
Discussions of the problems of religion and state reflected in the legal system too often occur against a background of ignorance of the scope and detail of Jewish law. This book is a comprehensive source of information and clarification of the principles and institutions of Jewish law in all its areas. It is a single-volume treatment of a subject that is now recognized as a legitimate discipline in the study of law. Originally included in the Encyclopedia Judaica and previously available in a hardcover edition, this material is now available for the first time in a paperback edition. The intention is to make it easy to use and available for a wider audience.The book begins with a major introduction discussing the development of Jewish law. This introduction is followed by eight sections offering the reader a methodical description of the principles and institutions of Jewish law: The Sources of Law; General; Laws of Property; Laws of Obligation and Torts; Family Law and Inheritance; Criminal Law; Jurisdiction, Procedure, Evidence and Execution; and Public and Administrative Law, and Conflict of Laws. The material is treated in a modern legal manner with extensive detail given to comparative law. Bibliographical information is offered at the end of each section. The comprehensive subject index is an indispensable aid in locating a given theme. All of the contributions to this book have been written by outstanding legal personalities of Israel. Collectively the work "represents an eminent contribution covering all aspects of jurisprudence, except religious ritual, in Judaism. Its broad scope encompasses much that should be of interest to students in history, economics, sociology, and culture." (Solomon Faber).
Rabba, Maharat, Rabbanit, Rebbetzin: Women with Leadership Authority According to Halachah by
Rabba, Maharat, Rabbanit, Rebbetzin: Women with Leadership Authority According to Halachah examines in detail the legitimacy for feminine leadership in Jewish law. Exploring the various manifestations of female leadership, whether as women clergy or other forms of female halachic adjudication, Rabba, Maharat, Rabbanit, Rebbetzin responds to the standard criticisms leveled at the recent phenomenon of female authority within the Orthodox community. In this groundbreaking book, Rabbi Professor Daniel Sperber argues the halachic, political, and sociological levels of female leadership in Judaism.
Windows onto Jewish Legal Culture: Fourteen Exploratory Essays by
This book opens windows onto various aspects of Jewish legal culture. Rather than taking a structural approach, and attempting to circumscribe and define 'every' element of Jewish law, Windows onto Jewish Legal Culture takes a dynamic and holistic approach, describing diverse manifestations of Jewish legal culture, and its general mind-set, without seeking to fit them into a single structure. Jewish legal culture spans two millennia, and evolved in geographic centers that were often very distant from one another both geographically and socio-culturally. It encompasses the Talmud and talmudic literature, the law codes, the rulings of rabbinical courts, the responsa literature, decisions taken by communal leaders, study of the law in talmudic academies, the local study hall, and the home. But Jewish legal culture reaches well beyond legal and quasi-legal institutions; it addresses, and is reflected in, every aspect of daily life, from meals and attire to interpersonal and communal relations. Windows onto Jewish Legal Culture gives the reader a taste of the tremendous weight of Jewish legal culture within Jewish life. Among the facets of Jewish legal culture explored are two of its most salient distinguishing features, namely, toleration and even encouragement of controversy, and a preference for formalistic formulations. These features are widely misunderstood, and Jewish legal culture is often parodied as hair-splitting argument for the sake of argument. In explaining the epistemic imperatives that motivate Jewish legal culture, however, this book paints a very different picture. Situational constraints and empirical considerations are shown to provide vital input into legal determinations at every level, and the legal process is revealed to be attentive to context and sensitive to cultural concerns.
Comparative Religious Law: Judaism, Christianity, Islam by
Comparative Religious Law provides for the first time a study of the regulatory instruments of Jewish, Christian and Muslim religious organisations in Britain in light of their historical religious laws. Norman Doe questions assumptions about the pervasiveness, character and scope of religious laws, from the view that they are not or should not be recognised by civil law, to the idea that there may be a fundamental incompatibility between religious and civil law. It proposes that religious laws pervade society, are recognised by civil law, have both a religious and temporal character, and regulate wide areas of believers' lives. Subjects include sources of law, faith leaders, governance, worship and education, rites of passage, divorce and children, and religion-State relations. A Charter of 'the principles of religious law' common to all three Abrahamic faiths is proposed, to stimulate greater mutual understanding between religion and society and between the three faiths themselves.
Law, Rights, and Religion by
Building on the highly-regarded first edition, this is a comprehensive study of the relationship between law and religion in English law. Against a backdrop of an increasingly religiously and culturally diverse country, it represents a vital legal analysis of fundamental questions regarding individual and group rights, and how the political and legal systems regard and engage with such diversity. Questions about equality, non-discrimination, tolerance, and social cohesion are of great concern both in the public policy, and legal spheres. At a practical level, the debates range from the issue of whether businesses such as shops and hotels can decline to provide services on religious grounds, through clashes between the school curriculum and faith, to requests for employment leave on grounds of religion. Law, Rights, and Religion examines the legal principles underlying religious rights, and the application of issues of faith within the legal system. Framed by the Human Rights Act 1998, the Equality Act 2010, and the EC Equality Directives, it delves into specific areas of legal practice, including education, employment, immigration, family law, criminal law, and terrorism. The author combines detailed analysis with a clear assessment of the practical and procedural issues, making this an important tool in the library of all specialists in the areas of equality, discrimination, and human rights.
Law and Religion: National, International and Comparative Perspectives by
Offering extensive international and comparative law materials, as well as discussion of key United States First Amendment cases, international experts Durham and Scharffs bring vision and scope to the study of Law and Religion. The text and its continually updated online Supplement support courses on Law and Religion, Church and State, International Human Rights, Comparative Constitutional Law, and First Amendment. New to the Second Edition: ¿ National: Recent U.S. court cases and legislative moves dealing with religion in conflict with anti- discrimination norms, including immigration; same-sex marria≥ and conscientious objection by religious organizations, government officials, pharmacies, businesses (including "wedding vendors") to providing products, services, and insurance benefits in violation of religious beliefs ¿ International: Landmark religion cases in Canada, Europe, and Asia involving such issues as women's rights, law school accreditation, display of religious symbols and wearing of face coverings in public (including schools); persecution of religious minorities, including prosecution for blasphemy; discussion of new levels of and responses to religious extremism ¿ Comparative: Discussions across multiple jurisdictions of such issues as education, tax, government regulation of religion, and women's issues, such as genital cutting (worldwide, including U.S.) and divorce ("triple talaq" in India, Shari'a arbitration in Canada, and Shari'a councils in the U.K.) Professors and students will benefit from: ¿ Traditional law and religion course coverage of U.S. materials, including the major Free Exercise and Establishment Clause cases ¿ Comparative law cases and materials reflecting more than fifty countries and regions, and which include corporal punishment; compelled patriotic observances; state funding of religions; autonomy of religious organizations to choose personnel and provide services; conscientious objection in the military and in personal, employment, and educational settings; parameters of speech regulation, including hate speech and speech that offends religious sensibilities; anti- conversion laws; the rights of women in tension with religious claims of exclusion and divorce practices; and much more ¿ International law materials, including: o Key international and regional human rights instruments; 87 cases from the European Court of Human Rights; and key decisions of the Court of Justice of the European Union and the United Nations Human Rights Committee o Cases covering issues such as the right to register religious associations; headscarves and face coverings; religious slaughter for kosher and halal foods; exemptions from church taxes; conscientious objection; proselytizing; religious oaths; church autonomy; religious education; and conflicts arising between religious freedom and other human rights (e.g., women's rights, rights of indigenous peoples, sexual minorities, and children's rights) o Responses from inside and outside the Muslim world to the rise of violent Islamist extremism ¿ Islamic, Christian, Jewish, Hindu, Buddhist, and other perspectives on freedom of religion, touching on defamation of religion; the new constitution of Iraq; religious political parties in Turkey; the definition of being Jewish for rights of citizenship in Israel; the right of Muslim and Hindu women to enter sacred space in India; death sentences and extra-judicial lynching for perceived violation of blasphemy laws in Pakistan; and reactions of governments, including the government of Russia, to perceived religious extremism
Law and the Wearing of Religious Symbols in Europe by
Written in accessible language, this book provides a comprehensive analysis of a topical subject that is being widely debated across Europe. The work presents an overview of emerging case law from the European Court of Human Rights and the Court of Justice of the European Union, as well as from national courts and equality bodies in European countries, on the wearing of religious symbols in public spaces. The author persuasively argues that bans on the wearing of religious symbols constitutes a breach of an individual's human rights and contravene existing anti-discrimination legislation. Fully updated to take account of recent case law, this second edition has been expanded to consider bans in public spaces more generally, including employment, an area where some of the recent developments have taken place.
Law As Religion, Religion As Law by
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.
Mercy and Justice : A Challenge for Contemporary Theology by
The term mercy is currently omnipresent in Catholic debates. It dominates at events such as the recent Family Synods and the Jubilee Years. At the same time, it poses a significant problem for cases dealing with sexual abuse. Mercy calls to consider an individual's needs and this conflicts with justice necessitating equal treatment for everyone. Mercy applies to the fallible individual deserving of punishment, but who is saved by grace. This is most apparent in the Sacrament of Penance and other forms of penitence, forgiveness, and reconciliation where mercy both transcends and undermines justice. This problem, widely ignored in church teaching, is addressed by Dirk Ansorge, James Dallen, Judith Hahn, Atria A. Larson, Sandra Lassak, Michael A. Nobel, Rosel Oehmen-Vieregge, Heike Springhart, and Gunda Werner.
Religion, Law, USA by
In recent years, the United States has witnessed a number of high-profile court cases involving religion, forcing Americans to grapple with questions regarding the relationship between religion and law. This volume maps the contemporary interplay of religion and law within the study of American religions. What rights are protected by the Constitution's free exercise clause? What are the boundaries of religion, and what is the constitutional basis for protecting some religious beliefs but not others? What characterizes a religious-studies approach to religion and law today? What is gained by approaching law from the vantage point of religious studies, and what does attention to the law offer back to scholars of religion? Religion, Law, USA considers all these questions and more. Each chapter considers a specific keyword in the study of religion and law, such as "conscience," "establishment," "secularity," and "personhood." Contributors consider specific case studies related to each term, and then expand their analyses to discuss broader implications for the practice and study of American religion.
Religious Accommodation and its Limits by
This book proposes an original model of religious accommodation which can be applied in secular liberal democracies where religious diversity has been a hotly contested issue. Addressing the complex question of limitations to the right to Freedom of Religion or Belief and how these limitations might be determined, it examines how religious claims can harm the autonomy of others and emphasises the need for an appropriate balancing of competing interests. Drawing on a range of case study examples from jurisdictions including the US, Canada, the European Court of Human Rights, the European Union's Court of Justice, the UK, Germany and France, this is a timely contribution to the debate on how a legal duty or policy approach in favour of religious accommodation can be applied in practice. Moreover, the proposed model offers criteria that may be used to guide the implementation of equality and diversity policies in contexts such as employment and education.
Religious Beliefs and Conscientious Exemptions in a Liberal State by
The central focus of this edited collection is on the ever-growing practice, in liberal states, to claim exemption from legal duties on the basis of a conscientious objection. Traditional claims have included objections to compulsory military draft and to the provision of abortions. Contemporary claims include objections to anti-discrimination law by providers of public services, such as bakers and B&B hoteliers, who do not want to serve same-sex couples. The book investigates the practice, both traditional and contemporary, from three distinct perspectives: theoretical, doctrinal (with special emphasis on UK, Canadian and US law) and comparative. Cumulatively, the contributors provide a comprehensive set of reflections on how the practice is to be viewed and carried out in the context of a liberal state.
Religious Fundamentalism in the Age of Pandemic by
The multidisciplinary anthology Religious Fundamentalism in the Age of Pandemic provides deep insights concerning the current impact of Covid-19 on various religious groups and believers around the world. Based on contributions of well-known scholars in the field of Religious Fundamentalism, the contributors offer about a window into the origins of religious fundamentalism and the development of these movements as well as the creation of the category itself. Further recommendations regarding specific (fundamentalist) religious groups and actors and their possible development within Buddhism, Christianity, Islam and Judaism round up the discussion about the rise of Religious Fundamentalism in the Age of Pandemic.
State and Religion : The Australian Story by
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.
כותר Religion, Liberty and the Jurisdictional Limits of Law by
In recent years law and religion scholarship in Canada has grown significantly. This...collection of 18 papers addresses, from a variety of angles, the jurisdiction of law itself and limits of law – an important but often overlooked aspect of settling the boundaries of church and state, religion and law.
מעודכן ל: 31.1.2024
כל האזכורים של מקורות יש לאזכר לפי כללי האזכור האחיד והבלובוק. סרטוני הדרכה על אזכור חקיקה ופסיקה.
| 1. חיפוש ספרים בקטלוג. מדריך לחיפוש בקטלוג. | 8. אנציקלופדיה Corpus Juris (מדריך לחיפוש) |
| 2. חיפוש מאמרים ב"מפתח חיפה" ו"נבו". מדריך לחיפוש מאמרים. | 9. מאגר ספרים ב- WESTLAW US (מדריך לחיפוש) |
| 3. מומלץ לחפש מאמרים גם במרכז המחקר והמידע של הכנסת. | 10. מאגר ספרים של MATTHEW BENDER ב-LEXIS (מדריך לחיפוש) |
| 4. מאגר תזות במשפטים | 11. מאגר WESTLAW US (מדריך לחיפוש) |
| 5. חיפוש מאמרים באנגלית במאגר LEGALTRAC (סרטון באנגלית) (סרטון בעברית) (סרטון בערבית) |
12.USA - Congressional Research Reports (CRS) Canada - Research Publications |
| 6. מילון Black's Law Dictionary (מדריך לחיפוש במילון) | 13. הסבר התחברות ל-RUMBA |
| 7.אנציקלופדיה American Jurisprudence 2nd (מדריך לחיפוש) |