מעודכן ל: 12.10.2023
כיסויי ראש
רעלה
סימלי דת
כיפה
Religious Symbols
Religious Aspects
Head Covering
Headscarves
Hijab
Kippah
Yalmukah
Outlawed Pigs: Law, Religion, and Culture in Israel by
The prohibition against pigs is one of the most powerful symbols of Jewish culture and collective memory. ""Outlawed Pigs"" explores how the historical sensitivity of Jews to the pig prohibition was incorporated into Israeli law and culture. Daphne Barak-Erez specifically traces the course of two laws, one that authorized municipalities to ban the possession and trading in pork within their jurisdiction and another law that forbids pig breeding throughout Israel, except for areas populated mainly by Christians. Her analysis offers a comprehensive, decade-by-decade discussion of the overall relationship between law and culture since the inception of the Israeli nation-state. By examining ever-fluctuating Israeli popular opinion on Israel's two laws outlawing the trade and possession of pigs, Barak-Erez finds an interesting and accessible way to explore the complex interplay of law, religion, and culture in modern Israel, and more specifically a microcosm for the larger question of which lies more at the foundation of Israeli state law: religion or cultural tradition.
Religion in the Public Sphere: A Comparative Analysis of German, Israeli, American and International Law by
How closely connected should church and state be? May a state endorse the role and meaning of religion at all? Can it treat distinct religious groups differently? This book addresses these questions and more through a portrayal and comparison of the legal systems of Germany, Israel, France, and the United States. This thought-provoking book brings the often opposing demands of religious and secular freedoms into clear focus.
Understanding Tzniut: Modern Controversies in the Jewish Community by
In his innovative and magisterial lead essay, Rabbi Yehuda Henkin analyzes the pervasive yet little-understood area of women's modesty. In Understanding Tzniut, Rabbi Henkin also examines the issues of handshaking, aliyot to the Torah, and dancing with a sefer Torah, as well as general topics such as questions of rabbinical misjudgment during the Holocaust and the relationship to Israel's government in the wake of the expulsion from Gush Katif. To all topics, Rabbi Henkin brings halachic stature, scholarship and erudition.
Why Religious Freedom Matters for Democracy: Comparative Reflections from Britain and France for a Democratic 'Vivre Ensemble' by
Should an employee be allowed to wear a religious symbol at work? Should a religious employer be allowed to impose constraints on employees' private lives for the sake of enforcing a religious work ethos? Should an employee or service provider be allowed, on religious grounds, to refuse to work with customers of the opposite sex or of a same-sex sexual orientation? This book explores how judges decide these issues and defends a democratic approach, which is conducive to a more democratic understanding of our vivre ensemble. The normative democratic approach proposed in this book is grounded on a sociological and historical analysis of two national stories of the relationships between law, religion, diversity and the State, the British (mainly English) and the French stories. The book then puts the democratic paradigm to the test, by looking at cases involving clashes between religious freedoms and competing rights in the workplace. Contrary to the current alternative between the "accommodationist view", which defers to religious requests, and the "analogous" view, which undermines the importance of religious freedom for pluralism, this book offers a third way. It fills a gap in the literature on the relationships between law and religious freedoms and provides guidelines for judges confronted with difficult cases.
Islam, Europe and Emerging Legal Issues by
Islam, Europe and Emerging Legal Issues brings together vital analysis of the challenges that Europe poses for an expanding Islam and that Islam poses for Europe, within their ever-evolving religious, legal, and social environments. This book gathers some of the best thinking on Islam and the law affecting current and contested issues that can no longer be ignored, particularly as they have found their way before the European Court of Human Rights. Contributors include leading authorities who are working at the heart of this generation's law and religion questions in Europe and across the world. This book outlines implications for all those who look to Europe-from both within and without-for models of human rights implementation and multi-cultural accommodation.
Islam, Europe and Emerging Legal Issues by
Islam, Europe and Emerging Legal Issues brings together vital analysis of the challenges that Europe poses for an expanding Islam and that Islam poses for Europe, within their ever-evolving religious, legal, and social environments. This book gathers some of the best thinking on Islam and the law affecting current and contested issues that can no longer be ignored, particularly as they have found their way before the European Court of Human Rights. Contributors include leading authorities who are working at the heart of this generation's law and religion questions in Europe and across the world. This book outlines implications for all those who look to Europe-from both within and without-for models of human rights implementation and multi-cultural accommodation.
Velvet Jihad : Muslim Women's Quiet Resistance to Islamic Fundamentalism by
There are numerous conflicts ensuing in the Middle East, but not all are being fought with rockets and rifles. While the Internet has proven invaluable to those who wish to uphold a patriarchal society and spread the message of Islamic fundamentalism, Muslim women have used the Web to build a transnational community intent on growing women's rights in the Middle East. There is a large disparity between a Muslim woman's role according to the Qur'an and her role as some corners of Muslim society have interpreted it. In this work the author reveals the creative strategies Muslim women have adopted to quietly fight against those who would limit their growing rights. She examines issues that are important to all women, from routine matters such as daily hygiene and clothing to controversial subjects like abortion, birth control, and virginity. As a woman with linguistic expertise and extensive life experience in both Western and Middle Eastern cultures, she is positioned as an objective observer and reporter of changes and challenges facing Muslim women globally.
Church and State in American History: Key Documents, Decisions, and Commentary from Five Centuries by
Church and State in American History illuminates the complex relationships among the political and religious authority structures of American society, and illustrates why church-state issues have remained controversial since our nation's founding. It has been in classroom use for over 50 years. John Wilson and Donald Drakeman explore the notion of America as "One Nation Under God" by examining the ongoing debate over the relationship of church and state in the United States. Prayers and religious symbols in schools and other public spaces, school vouchers and tax support for faith-based social initiatives continue to be controversial, as are arguments among advocates of pro-choice and pro-life positions. The updated 4th edition includes selections from colonial charters, Supreme Court decisions, and federal legislation, along with contemporary commentary and incisive interpretations by modern scholars. Figures as divergent as John Winthrop, Anne Hutchinson, James Madison, John F. Kennedy, and Sandra Day O'Connor speak from these pages, as do Robert Bellah, Clarence Thomas, and Ruth Bader Ginsberg. The continuing public and scholarly interest in this field, as well as a significant evolution in the Supreme Court's church-state jurisprudence, renders this timely re-edition as essential reading for students of law, American History, Religion, and Politics.
British and Canadian Public Law in Comparative Perspective by
This book explores current human rights controversies arising in UK law, in the light of the way such matters have been dealt with in Canada.
Canada's Charter of Rights predates the United Kingdom's Human Rights Act by some 20 years, and in the 40 years of the Charter's existence, Canada's Supreme Court has produced an increasingly sophisticated body of public law jurisprudence. In its judgments, it has addressed broad questions of constitutional principle relating to such matters as the meaning of proportionality, the 'horizontal' impact of human rights norms, and the proper role of judicial 'dereference' to legislative decision-making. The court has also considered, more narrowly, specific issues of political controversy such as assisted dying, voting rights for prisoners, the wearing of religious symbols, parental control of their children's upbringing, the law regulating libel actions brought by politicians, pornography and labour rights. All of these issues are discussed in the book.
The contributions to this volume provide detailed analyses of such broad and narrow matters in a comparative perspective, and suggest that the United Kingdom's public law jurisprudence and scholarship might benefit substantially from a closer engagement with their Canadian counterparts.
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
Manual on the Wearing of Religious Symbols in Public Areas by
The origins of these Manuals lie in the increasing interest and importance of questions concerning the manner in which the freedom of religion and belief is to be enjoyed in Europe today, and how freedom of expression can be reconciled with other rights in a multi-cultural society. These volumes, written by human rights experts and commissioned by the Council of Europe, offer an overview of two contentious topics - the wearing of religious symbols in public areas and the issue of hate speech - and supply insight into key concepts in the jurisprudence of the Court, the role and responsibilities of the state and individuals, key definitions and essential questions for policy makers. This title is published in two parts, one in English and one in French. This publication is only available as a set.
Religion in the Public Sphere: A Comparative Analysis of German, Israeli, American and International Law by
How closely connected should church and state be? May a state endorse the role and meaning of religion at all? Can it treat distinct religious groups differently? This book addresses these questions and more through a portrayal and comparison of the legal systems of Germany, Israel, France, and the United States. This thought-provoking book brings the often opposing demands of religious and secular freedoms into clear focus.
Religious Symbols and the Intervention of the Law: Symbolic Functionality in Pluralist State by
In contemporary pluralist states, where faith communities live together, different religious symbols and practices have to coexist. This may lead to conflicts between certain minority practices and the dominant majority, particularly around the manifestation of belief in the public domain which may be seen both by the religious and secular majorities as a threat to their cultural heritage or against the secular values of the host country. The law has to mitigate those tensions in order to protect the public from harm and preserve order but in doing so, it may where necessary have to limit citizens' ability to freely manifest their religion. It is those limitations that have been disputed in the courts on grounds of freedom of religion and belief. Religious symbols are often at the heart of legal battles, with courts called upon to consider the lawfulness of banning or restricting certain symbols or practices. This book analyses the relationship between the state, individuals and religious symbols, considering the three main forms of religious expression, symbols that believers wear on their body, symbols in the public space such as religious edifices and rituals that believers perform as a manifestation of their faith. The book looks comparatively at legal responses in England, the U.S.A and France comparing different approaches to the issues of symbols in the public sphere and their interaction with the law. The book considers religious manifestation as a social phenomenon taking a multidisciplinary approach to the question mixing elements of the anthropology, history and sociology of religion in order to provide some context and examine how this could help inform the law.　
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.
גילה שטופלר "מאחורי הרעלה – הטלת הגבלות על עטיית כיסוי ראש לנשים במדינות ליברליות" משפט וממשל 12 (2-1), 191 (2009).
מעודכן ל: 12.10.2023
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