Search Results for "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: 7555
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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.

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: 5945
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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.

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: 7687
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Religious Liberty and International Law in Europe

Religious Liberty and International Law in Europe

  • Author: Malcolm D. Evans
  • Publisher: Cambridge University Press
  • ISBN: 9780521047616
  • Category: Law
  • Page: 428
  • View: 1514
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Malcolm Evans's account of the protection of religious liberty under international law in Europe.

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: 3816
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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.

Can God and Caesar Coexist?

Can God and Caesar Coexist?

Balancing Religious Freedom and International Law

  • Author: Robert F. Drinan
  • Publisher: Yale University Press
  • ISBN: 9780300111156
  • Category: Bibles
  • Page: 266
  • View: 6608
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Father Robert F. Drinan--priest, scholar, lawyer, politician, activist, and ethicist--has spent his life working to strengthen human rights. In this important book, Father Drinan explores the state of religious freedom worldwide, arguing that international law and legal institutions have not gone far enough to protect religious freedom. The international community, says Father Drinan, has been slow to recognize the urgent need of balancing the requirements of a pluralistic society with the demands of religious freedom. Despite numerous proclamations from the United Nations and from individual nations about the importance of religious freedom, says Father Drinan, there is still no covenant, legally binding instrument, or world tribunal to monitor freedom of religion. Drinan explores the status of religious freedom in certain Christian, Muslim, Jewish, and Communist societies whose doctrines may promote intolerance. And he asserts that the silence of international law allows nations to continue to punish persons who practice a faith viewed unfavorably by the government.

International law in archaic Rome

International law in archaic Rome

war and religion

  • Author: Alan Watson
  • Publisher: Johns Hopkins Univ Pr
  • ISBN: N.A
  • Category: History
  • Page: 100
  • View: 414
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As the most successful conquerors of the ancient world - and arguably the most legalistic people ever - Romans found it necessary to obtain a judicial verdict before they were willing to declare war. But this practice was also tied to the Romans' extreme religiosity. A special class of priests oversaw the process of declaring war, calling on the gods themselves to decide whether the military cause was just. In International Law in Archaic Rome, Alan Watson focuses on the Roman priests known as fetiales, whose sole duties were declaring war, demanding reparations before war began, and making treaties. Before hostilities could begin, the fetiales conducted a process that resembled an early Roman civil trial to determine that the reasons for the war were justified. Scholars have long thought that the fetiales called on the gods as witnesses to defend the Roman cause, but Watson argues that the gods were called to act more impartially, as judges in trial. He observes that the proceedings were not designed to curry favor with the gods, nor did they include a call for vengeance from the gods on the enemy. Watson concludes that the rituals of the fetiales. also called "ambassadors of peace", were real attempts to settle disputes among the ethnically and linguistically related Latin peoples. International Law in Archaic Rome explores some of the apparent paradoxes in the Roman approach to international relations, as reflected in their religious conventions and laws of war.

Religious Actors and International Law

Religious Actors and International Law

  • Author: Ioana Cismas
  • Publisher: Oxford University Press, USA
  • ISBN: 0198712820
  • Category: Law
  • Page: 349
  • View: 6743
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Religious actors are unique in international governance due to the theological context in which they operate. This book demonstrates that while their role and actions may be distinct, they rely on international law to add legitimacy to their actions, and are bound by international legal rules and norms in the same way as other actors.

The Changing Nature of Religious Rights under International Law

The Changing Nature of Religious Rights under International Law

  • Author: Malcolm Evans,Peter Petkoff,Julian Rivers
  • Publisher: OUP Oxford
  • ISBN: 0191509434
  • Category: Political Science
  • Page: 340
  • View: 5402
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The Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, as proclaimed by the United Nations General Assembly in 1981, is the only universal human rights instrument specifically focusing on religious intolerance and discrimination. However, recent years have seen increasing controversy surrounding this right, in both political and legal contexts. The European Court of Human Rights has experienced a vast expansion in the number of cases it has had brought before it concerning religious freedom, and politically the boundaries of the right have been much disputed. This book provides a systematic analysis of the different approaches to religious rights which exist in public international law. The book explores how particular institutional perspectives emerge in the context of these differing approaches. It examines, and challenges, these institutional perspectives. It identifies new directions for approaching religious rights through international law by examining existing legal tools, and assesses their achievements and shortcomings. It studies religious organisations' support for international human rights protection, as well as religious critique of international human rights and the development of an alternative religious 'Bills of Rights'. It investigates whether expressions of members belonging to religious minorities can be considered under the minority right to culture, rather than the right to religion, and discusses the benefits and shortcomings of such a route. It analyses the reach and limits of the provisions in the 1981 Declaration, identifies ways in which the right is being eroded as a concept, and suggests new ways in which the right can be reinforced and protected.

Religious Legal Traditions, International Human Rights Law and Muslim States

Religious Legal Traditions, International Human Rights Law and Muslim States

  • Author: Kamran Hashemi
  • Publisher: BRILL
  • ISBN: 900416555X
  • Category: Law
  • Page: 283
  • View: 1924
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This book offers an exploration of aspects of the subject, Islam and Human Rights, which is the focus of considerable scholarship in recent years predominantly from Western scholars. Thus it is interesting and important to have the field addressed from a non -Western perspective and by an Iranian scholar. The study draws on Persian language literature that addresses both theological and legal dimensions of the theme. The work is also distinctive in that it tackles three areas that have been largely ignored in the literature. It undertakes a comparative study of the laws of several Muslim States with respect to religious freedom, minorities and the rights of the child. The study offers an optimistic vision of the fundamental compatibility of Islam and international human rights standards.

The Right to Religious Freedom in International Law

The Right to Religious Freedom in International Law

Between Group Rights and Individual Rights

  • Author: Anat Scolnicov
  • Publisher: Routledge
  • ISBN: 113690705X
  • Category: Law
  • Page: 280
  • View: 5488
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This book analyses the right to religious freedom in international law, drawing on an array of national and international cases. Taking a rigorous approach to the right to religious freedom, Anat Scolnicov argues that the interpretation and application of religious freedom must be understood as a conflict between individual and group claims of rights, and that although some states, based on their respective histories, religions, and cultures, protect the group over the individual, only an individualistic approach of international law is a coherent way of protecting religious freedom. Analysing legal structures in a variety of both Western and Non-Western jurisdictions, the book sets out a topography of different constitutional structures of religions within states and evaluates their compliance with international human rights law. The book also considers the position of women's religious freedom vis-à-vis community claims of religious freedom, of children’s right to religious freedom and of the rights of dissenters within religious groups.

Religion, Secular Beliefs and Human Rights

Religion, Secular Beliefs and Human Rights

Second Revised Edition

  • Author: Natan Lerner
  • Publisher: Martinus Nijhoff Publishers
  • ISBN: 9004152091
  • Category: Political Science
  • Page: 228
  • View: 5021
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Religion, and beliefs related to religion, are today a central factor in international life and politics. International law, and human rights law in particular, have to take into consideration the religious dimension, and have done it to some extent. A body of positive law has already been developed for the protection of freedom of religion, and from religion, by the U.N. and regional organizations. This book, incorporating previously published as well as unpublished materials, discusses the legal meaning of religion and belief, the U.N. work in this respect, religious minorities, relevant regional and special arrangements, the issues of proselytism, religion and terrorism, the use of religious symbols, international criminal law, and some particular situations, such as the state and religious communities in Israel and this country's agreement with the Holy See. Law schools, human rights scholars and activists, and international organizations will find interest in the book.

Religious Hatred and International Law

Religious Hatred and International Law

The Prohibition of Incitement to Violence or Discrimination

  • Author: Jeroen Temperman
  • Publisher: Cambridge University Press
  • ISBN: 1316453871
  • Category: Law
  • Page: 394
  • View: 4931
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The UN International Covenant on Civil and Political Rights obliges state parties to prohibit any advocacy of religious hatred that constitutes incitement to discrimination or violence. This book traces the origins of this provision and proposes an actus reus for this offence. The question of whether hateful incitement is a prohibition per se or also encapsulates a fundamental 'right to be protected against incitement' is extensively debated. Also addressed is the question of how to judge incitement. Is mens rea required to convict someone of advocating hatred, and if so, for what degree of intent? This analysis also includes the paramount question if and to what extent content and/or context factors ought to be decisive. The author extensively engages with comparative domestic law and compares the workings of the UN Human Rights Committee with those of the UN Committee on the Elimination of Racial Discrimination and the European Court of Human Rights.

Routledge Handbook of Law and Religion

Routledge Handbook of Law and Religion

  • Author: Silvio Ferrari
  • Publisher: Routledge
  • ISBN: 1135045542
  • Category: Law
  • Page: 436
  • View: 6665
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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.

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: 9384
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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.

Human Rights, Religion and International Law

Human Rights, Religion and International Law

  • Author: Kerry O'Halloran
  • Publisher: Routledge
  • ISBN: 135118833X
  • Category: Law
  • Page: 288
  • View: 3741
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In this book Kerry O’Halloran analyses a subject of international interest – religion – and examines related contemporary issues from a human rights perspective. The book takes the view that while the impact of Islamic State violence has dramatically demonstrated the destructive power of religious extremism for contemporary western societies, there are also good grounds for the latter to examine the extent to which their laws and policies – nationally and internationally – are contributing to religion’s currently destabilizing social role. It makes the case for a fuller understanding of the role of religion or belief and argues for a rebalancing of the functional relationship between Church and State both nationally and internationally. Beginning with an overview of religion, including an examination of key concepts and constructs, the chapters go on to outline the international framework of related human rights provisions and note the extent of their ratification. It proceeds by identifying a set of themes – such as the Constitutional positioning of religion; law and policy in relation to secularism; faith schools; equality legislation and the religious exemption; and the tension between free speech and religion – and undertakes a comparative evaluation of how these and other themes indicate significant differences in six leading common law jurisdictions as illustrated by their associated legislation and case law. It then considers why this should be and assesses any implications arising. This book will be of great interest to students and scholars in the fields of law, religious studies, political science, human rights and social policy.

The Right of the Child to Religious Freedom in International Law

The Right of the Child to Religious Freedom in International Law

  • Author: Sylvie Langlaude
  • Publisher: Martinus Nijhoff Publishers
  • ISBN: 9004162666
  • Category: Law
  • Page: 291
  • View: 6128
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Religious children -- A model of the right of the child to religious freedom -- The ICCPR -- The UNCRC -- The special rapporteur -- The ECHR

Mixed Blessings

Mixed Blessings

Laws, Religions and Women's Rights in the Asia-Pacific Region

  • Author: Amanda Whiting,Carolyn Maree Evans
  • Publisher: Studies in Religion, Secular B
  • ISBN: N.A
  • Category: Law
  • Page: 284
  • View: 3094
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The essays in this volume explore some of the diverse and contradictory ways that the lives of women in the Asia-Pacific region are shaped by two powerful regimes - 'religion' and 'law' - and by the interactions between them. They show that for women, laws - customary, colonial, post-independence and international - and religions - indigenous or introduced, Buddhism, Christianity, Islam and Confucianism - have been a 'mixed blessing'. These diverse legal systems and religious doctrines and institutions have variously denied women authority and the capacity to participate fully in the public organization of social, political and religious life; they have furthermore constructed gender and familial relations in ways that subordinate women. Yet they have also offered promises of women's empowerment, and provided rules and procedures, norms, values, and interpretations of sacred traditions to deliver those empancipatory promises. Each chapter is devoted to a single state; first, the history and current framework of the national legal system is introduced; then the place of religion in the state is explained; and finally, by means of precise and detailed case studies or examples, each author explores how these sometimes competing, sometimes colluding regimes constructed women and how women interpreted this positioning and sought to resituate themselves.

State-Religion Relationships and Human Rights Law

State-Religion Relationships and Human Rights Law

Towards a Right to Religiously Neutral Governance

  • Author: Jeroen Temperman
  • Publisher: BRILL
  • ISBN: 9004181482
  • Category: Law
  • Page: 382
  • View: 1990
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This book presents a human rights-based assessment of the various modes of state religion identification and of the various forms of state practice that characterize these different state religion models. This book makes a case for the recognition of a state duty to remain impartial with respect to religion or belief in all regards so as to comply with people s fundamental right to be governed, at all times, in a religiously neutral manner. As this book demonstrates through the various case studies there is increasing interest and concern at the manner in which questions concerning the enjoyment of the right to the freedom of religion or belief bear upon key questions concerning the governance of democratic society. Issues raised involve matters concerning employment, education, expression, association and, more generally, the interface between religion and political life. The existing literature often traces these concerns back to the need to consider the place of religion in contemporary society but leaves matters there. Another body of academic literature explores the theoretical dimensions of that relationship but fails to connect it to the practice of states in order to test out the propositions which are the product of these reflections. The great virtue of this work is that is seeks to unite these various enterprises and engages head on with the challenges which this produces The aim is to demonstrate and illustrate the key contention: that there is an emergent right to religiously neutral governance, and that this is incompatible with the continuation of systems which offer preference to particular forms of belief system religious or otherwise. A chief virtue of this book is that it works through the consequences of this claim in a fearless fashion, posing challenges for those states which continue to use their legal frameworks to offer support (directly or indirectly) for historical, dominant or favoured forms of religion or belief. It challenges received assumptions and, by driving the logic of contemporary human rights thinking to the foundations of state-religion relationships performs a valuable service for those engaging with this most difficult and timely of questions. Malcolm D. Evans, Professor of Public International Law, University of Bristol