Search Results for "international-law-and-religion"

International Law and Religion

International Law and Religion

Historical and Contemporary Perspectives

  • Author: Martti Koskenniemi,Mónica García-Salmones Rovira,Paolo Amorosa
  • Publisher: Oxford University Press
  • ISBN: 019880587X
  • Category: Law
  • Page: 480
  • View: 2793
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This books maps out the territory of international law and religion challenging receiving traditions in fundamental aspects. On the one hand, the connection of international law and religion has been little explored. On the other, most of current research on international legal thought presents international law as the very victory of secularization. By questioning that narrative of secularization this book approaches these traditions from a new perspective. From the Middle Ages' early conceptualizations of rights and law to contemporary political theory, the chapters bring to life debates concerning the interaction of the meaning of the legal and the sacred. The contributors approach their chapters from an array of different backgrounds and perspectives but with the common objective of investigating the mutually shaping relationship of religion and law. The collaborative endeavour that this volume offers makes available substantial knowledge on the question of international law and religion.

Religion and International Law

Religion and International Law

  • Author: Mark W. Janis,Carolyn Maree Evans
  • Publisher: Martinus Nijhoff Publishers
  • ISBN: 9789041111746
  • Category: Political Science
  • Page: 513
  • View: 6664
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One of the great tasks, perhaps the greatest, weighing on modern international lawyers is to craft a universal law and legal process capable of ordering relations among diverse people with differing religions, histories, cultures, laws, and languages. In so doing, we need to take the world's peoples as we find them and not pretend out of existence their wide variety. This volume builds on the eleven essaysedited by Mark Janis in 1991 in The Influence of Religion and the Development of International Law, more than doubling its authors and essays and covering more religious traditions. Now included are studies of the interface between international law and ancient religions, Confucianism, Hinduism, Judaism, Christianity, and Islam, as well as essays addressing the impact of religious thought on the literature and sources of international law, international courts, and human rights law.

Law and Religion in the 21st Century

Law and Religion in the 21st Century

Relations between States and Religious Communities

  • Author: Dr Rinaldo Cristofori,Professor Silvio Ferrari
  • Publisher: Ashgate Publishing, Ltd.
  • ISBN: 140949733X
  • Category: Religion
  • Page: 406
  • View: 4052
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This book brings together leading international scholars of law and religion to provide an overview of current issues in State-religion relations. The first part of the collection offers a picture of recent developments in key countries and regions. The second part is focused on Europe and, in particular, on the Nordic States and the post-communist countries where State-religion systems have undergone most profound change. The third and final part is devoted to four issues that are currently debated all over the world: the relations between freedom of expression and freedom of religion; proselytism and the right to change religion; the religious symbols; and the legal status of Islam in Europe and Canada. The work will be a valuable resource for academics, students and policy-makers with an interest in the interaction between law and religion.

Law and Religion in Public Life

Law and Religion in Public Life

The Contemporary Debate

  • Author: Nadirsyah Hosen,Richard Mohr
  • Publisher: Taylor & Francis
  • ISBN: 1136725849
  • Category: Law
  • Page: 288
  • View: 9006
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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.

Law and Religion

Law and Religion

National, International, and Comparative Perspectives

  • Author: W. Cole Durham (Jr.),W. Cole Durham,Brett G. Scharffs
  • Publisher: Wolters Kluwer Law and Business
  • ISBN: N.A
  • Category: Law
  • Page: 618
  • View: 4340
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In Law and Religion: National, International, and Comparative Law Perspectives, every chapter supports a broad and dynamic discussion of familiar issues by placing them in global context. Offering extensive international and comparative law materials, as well as Establishment Clause and Free Exercise cases, international experts Durham and Scharffs bring new vision and scope to the study of Law and Religion.

Law and Religion in Europe

Law and Religion in Europe

A Comparative Introduction

  • Author: Norman Doe
  • Publisher: Oxford University Press
  • ISBN: 0199604010
  • Category: Law
  • Page: 306
  • View: 9933
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The first comparative introduction for students on the national laws governing religion in Europe, it examines national laws, particularly as they affect the attitudes of states towards religion, religious freedom and discrimination, and the legal position and autonomy of religious organizations.

Between Cultural Diversity and Common Heritage

Between Cultural Diversity and Common Heritage

Legal and Religious Perspectives on the Sacred Places of the Mediterranean

  • Author: Silvio Ferrari,Andrea Benzo
  • Publisher: Routledge
  • ISBN: 1317175034
  • Category: Law
  • Page: 200
  • View: 9275
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Going beyond the more usual focus on Jerusalem as a sacred place, this book presents legal perspectives on the most important sacred places of the Mediterranean. The first part of the book discusses the notion of sacred places in anthropological, sociological and legal studies and provides an overview of existing legal approaches to the protection of sacred places in order to develop and define a new legal framework. The second part introduces the meaning of sacred places in Jewish, Christian and Islamic thought and focuses on the significance and role that sacred places have in the three major monotheistic religions and how best to preserve their religious nature whilst designing a new international statute. The final part of the book is a detailed analysis of the legal status of key sacred places and holy cities in the Mediterranean area and identifies a set of legal principles to support a general framework within which specific legal measures can be implemented. The book concludes with a useful appendix for the protection of sacred places in the Mediterranean region. Including contributions from leading law and religion scholars, this interesting book will be valuable to those in the fields of international law, as well as religion and heritage studies.

International law and religion symposium

International law and religion symposium

  • Author: J. Reuben Clark Law School
  • Publisher: N.A
  • ISBN: N.A
  • Category: Law
  • Page: 406
  • View: 4974
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Women's Rights and Religious Law

Women's Rights and Religious Law

Domestic and International Perspectives

  • Author: Fareda Banda,Lisa Fishbayn Joffe
  • Publisher: Routledge
  • ISBN: 1317517660
  • Category: Law
  • Page: 318
  • View: 3067
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The three Abrahamic faiths have dominated religious conversations for millennia but the relations between state and religion are in a constant state of flux. This relationship may be configured in a number of ways. Religious norms may be enforced by the state as part of a regime of personal law or, conversely, religious norms may be formally relegated to the private sphere but can be brought into the legal realm through the private acts of individuals. Enhanced recognition of religious tribunals or religious doctrines by civil courts may create a hybrid of these two models. One of the major issues in the reconciliation of changing civic ideals with religious tenets is gender equality, and this is an ongoing challenge in both domestic and international affairs. Examining this conflict within the context of a range of issues including marriage and divorce, violence against women and children, and women’s political participation, this collection brings together a discussion of the Abrahamic religions to examine the role of religion in the struggle for women’s equality around the world. The book encompasses both theory and practical examples of how law can be used to negotiate between claims for gender equality and the right to religion. It engages with international and regional human rights norms and also national considerations within countries. This book will be of great relevance to scholars and policy makers with an interest in law and religion, gender studies and human rights law.

Research Handbook on Law and Religion

Research Handbook on Law and Religion

  • Author: Rex Ahdar
  • Publisher: Edward Elgar Publishing
  • ISBN: 1788112474
  • Category: Law
  • Page: 512
  • View: 6702
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Offering an interdisciplinary, international and philosophical perspective, this comprehensive Research Handbook explores both perennial and recent legal issues that concern the modern state and its interaction with religious communities and individuals.

Religion and Equality

Religion and Equality

Law in Conflict

  • Author: W. Cole Durham, Jr.,Donlu D Thayer
  • Publisher: Routledge
  • ISBN: 1317068084
  • Category: Religion
  • Page: 214
  • View: 1456
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This volume presents an analysis of controversial events and issues shaping a rapidly changing international legal, political, and social landscape. Leading scholars and experts in law, religious studies and international relations, thoughtfully consider issues and tensions arising in contemporary debates over religion and equality in many parts of the world. The book is in two parts. The first section focuses on the anti-discrimination dimension of religious freedom norms, examining the developing law on equality and human rights and how it operates at international and national levels. The second section provides a series of case studies exploring the contemporary issue of same-sex marriage and how it affects religious groups and believers. This collection will be of interest to academics and scholars of law, religious studies, political science, and sociology, as well as policymakers and legal practitioners.

Feminism, Law, and Religion

Feminism, Law, and Religion

  • Author: Marie Failinger,Elizabeth Schiltz,Susan J. Stabile
  • Publisher: Routledge
  • ISBN: 1317135792
  • Category: Law
  • Page: 444
  • View: 4644
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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. It examines a range of themes from the viewpoint of identifiable traditions such as Judaism, Christianity, Islam and Buddhism, from a theoretical and practical perspective. 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. Feminists of faith face challenges from many sides: patriarchal remnants in their own tradition, dismissal of their faith commitments by secular feminists and balancing the conflicting loyalties of their lives. The book will be essential reading for legal and religious academics and students working in the area of gender and law or law and religion.

Routledge Handbook of Law and Religion

Routledge Handbook of Law and Religion

  • Author: Silvio Ferrari
  • Publisher: Routledge
  • ISBN: 1135045550
  • Category: Law
  • Page: 426
  • View: 6996
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The field of law and religion studies has undergone a profound transformation over the last thirty years, looking beyond traditional relationships between State and religious communities to include rights of religious liberty and the role of religion in the public space. This handbook features new, specially commissioned papers by a range of eminent scholars that offer a comprehensive overview of the field of law and religion. The book takes on an interdisciplinary approach, drawing from anthropology, sociology, theology and political science in order to explore how laws and court decisions concerning religion contribute to the shape of the public space. Key themes within the book include: Religions symbols in the public space; Religion and security; Freedom of religion and cultural rights; Defamation and hate speech; Gender, religion and law; This advanced level reference work is essential reading for students, researchers and scholars of law and religion, as well as policy makers in the field.

Freedom of Religion

Freedom of Religion

UN and European Human Rights Law and Practice

  • Author: Paul M. Taylor
  • Publisher: Cambridge University Press
  • ISBN: 9781139448772
  • Category: Political Science
  • Page: N.A
  • View: 5497
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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.

The Encyclopedia of Law and Religion (Set)

The Encyclopedia of Law and Religion (Set)

  • Author: Gerhard Robbers,W. Cole Durham
  • Publisher: Brill - Nijhoff
  • ISBN: 9789004236936
  • Category: Law
  • Page: N.A
  • View: 4981
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The Encyclopedia of Law and Religion treats issues of freedom of religion or belief and state-religion relations from all independent nations and international organizations. Each article follows a standard format offering information about social facts, historical background, individual religious freedom, autonomy, labour law, religion in public institutions, matrimonial and family law, criminal law, and country-specific issues.

Religion, Human Rights and International Law

Religion, Human Rights and International Law

A Critical Examination of Islamic State Practices

  • Author: Javaid Rehman,Susan Carolyn Breau
  • Publisher: Martinus Nijhoff Publishers
  • ISBN: 900415826X
  • Category: Religion
  • Page: 569
  • View: 2640
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Freedom of religion is a subject, which has throughout human history been a source of profound disagreements and conflict. In the modern era, religious-based intolerance continues to provide lacerative and tormenting concern to the possibility of congenial human relationships. As the present study examines, religions have been relied upon to perpetuate discrimination and inequalities, and to victimise minorities to the point of forcible assimilation and genocide. The study provides an overview of the complexities inherent in the freedom of religion within international law and an analysis of the cultural-religious relativist debate in contemporary human rights law. As many of the chapters examine, Islamic State practices have been a major source of concern. In the backdrop of the events of 11 September 2001, a considerable focus of this volume is upon the Muslim world, either through the emergent State practices and existing constitutional structures within Muslim majority States or through Islamic diasporic communities resident in Europe and North-America.

Family, Law and Religion

Family, Law and Religion

  • Author: Carolyn Hamilton
  • Publisher: Sweet & Maxwell Uk
  • ISBN: N.A
  • Category: Children's rights
  • Page: 366
  • View: 8437
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4. The Upbringing of Children

Freedom of Religion Or Belief

Freedom of Religion Or Belief

An International Law Commentary

  • Author: Heiner Bielefeldt,Nazila Ghanea,Michael Wiener
  • Publisher: Oxford University Press
  • ISBN: 0198703988
  • Category: Law
  • Page: 660
  • View: 9191
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Violations of religious freedom and violence committed in the name of religion grab our attention on a daily basis. Freedom of Religion or Belief is a key human right, the International Covenant on Civil and Political Rights, numerous conventions, declarations and soft law standards include specific provisions on freedom of religion or belief. The 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief has been interpreted since 1986 by the mandate of the UN Special Rapporteur on freedom of religion or belief. Special Rapporteurs (for example those on racism, freedom of expression, minority issues and cultural rights) and Treaty Bodies (for example the Committee on the Elimination of Racial Discrimination and the Committee on the Rights of the Child) have also elaborated on freedom of religion or belief in the context of their respective mandates. Freedom of Religion or Belief: An International Law Commentary is the first commentary to look comprehensively at the international provisions for the protection of freedom of religion or belief, considering how they are interpreted by various United Nations Special Procedures and Treaty Bodies. Structured around the thematic categories of the United Nations Special Rapporteur's framework for communications, the commentary analyses the limitations on the wearing of religious symbols and vulnerable situations, including those of women, detainees, refugees, children, minorities and migrants, through a combination of scholarly expertise and practical experience.

Law and Religion in Indonesia

Law and Religion in Indonesia

Conflict and the courts in West Java

  • Author: Melissa Crouch
  • Publisher: Routledge
  • ISBN: 1134508298
  • Category: Political Science
  • Page: 214
  • View: 9990
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Understanding and managing inter-religious relations, particularly between Muslims and Christians, presents a challenge for states around the world. This book investigates legal disputes between religious communities in the world’s largest majority-Muslim, democratic country, Indonesia. It considers how the interaction between state and religion has influenced relations between religious communities in the transition to democracy. The book presents original case studies based on empirical field research of court disputes in West Java, a majority-Muslim province with a history of radical Islam. These include criminal court cases, as well as cases of judicial review, relating to disputes concerning religious education, permits for religious buildings and the crime of blasphemy. The book argues that the democratic law reform process has been influenced by radical Islamists because of the politicization of religion under democracy and the persistence of fears of Christianization. It finds that disputes have been localized through the decentralization of power and exacerbated by the central government’s ambivalent attitude towards radical Islamists who disregard the rule of law. Examining the challenge facing governments to accommodate minorities and manage religious pluralism, the book furthers understanding of state-religion relations in the Muslim world. This accessible and engaging book is of interest to students and scholars of law and society in Southeast Asia, was well as Islam and the state, and the legal regulation of religious diversity.