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: 6474
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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: 8382
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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 symposium

International law and religion symposium

  • Author: J. Reuben Clark Law School
  • Publisher: N.A
  • ISBN: N.A
  • Category: Law
  • Page: 406
  • View: 2302
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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: 8067
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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.

Routledge Handbook of Law and Religion

Routledge Handbook of Law and Religion

  • Author: Silvio Ferrari
  • Publisher: Routledge
  • ISBN: 1135045550
  • Category: Law
  • Page: 426
  • View: 8008
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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 in Europe

Law and Religion in Europe

A Comparative Introduction

  • Author: Norman Doe
  • Publisher: Oxford University Press
  • ISBN: 0199604010
  • Category: Law
  • Page: 306
  • View: 1970
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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.

Law and Religion in the 21st Century

Law and Religion in the 21st Century

Relations between States and Religious Communities

  • Author: Rinaldo Cristofori,Silvio Ferrari
  • Publisher: Routledge
  • ISBN: 1317107829
  • Category: Religion
  • Page: 406
  • View: 3834
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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.

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: 4461
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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.

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: 8468
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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.

The Fifteenth Annual International Law and Religion Symposium

The Fifteenth Annual International Law and Religion Symposium

  • Author: J. Reuben Clark Law School
  • Publisher: N.A
  • ISBN: N.A
  • Category: Freedom of religion (International law)
  • Page: 270
  • View: 4184
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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: 1166
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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.

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: 8298
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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: 663
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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.

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: 8396
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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.

A Secular Europe

A Secular Europe

Law and Religion in the European Constitutional Landscape

  • Author: Lorenzo Zucca
  • Publisher: OUP Oxford
  • ISBN: 0191644757
  • Category: Law
  • Page: 240
  • View: 7227
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How to accommodate diverse religious practices and laws within a secular framework is one of the most pressing and controversial problems facing contemporary European public order. In this provocative contribution to the subject, Lorenzo Zucca argues that traditional models of secularism, focusing on the relationship of state and church, are out-dated and that only by embracing a new picture of what secularism means can Europe move forward in the public reconciliation of its religious diversity. The book develops a new model of secularism suitable for Europe as a whole. The new model of secularism is concerned with the way in which modern secular states deal with the presence of diversity in the society. This new conception of secularism is more suited to the European Union whose overall aim is to promote a stable, peaceful and unified economic and political space starting from a wide range of different national experiences and perspectives. The new conception of secularism is also more suited for the Council of Europe at large, and in particular the European Court of Human Rights which faces growing demands for the recognition of freedom of religion in European states. The new model does not defend secularism as an ideological position, but aims to present secularism as our common constitutional tradition as well as the basis for our common constitutional future.

Law and Religion in Indonesia

Law and Religion in Indonesia

Conflict and the courts in West Java

  • Author: Melissa Crouch
  • Publisher: Routledge
  • ISBN: 1134508360
  • Category: Political Science
  • Page: 240
  • View: 4887
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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.

Law and religion

Law and religion

  • Author: Gad Barzilai
  • Publisher: Ashgate Pub Co
  • ISBN: N.A
  • Category: Law
  • Page: 528
  • View: 4957
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This volume consists of nineteen previously-published articles written by leading international scholars on various aspects of religion and law. The volume looks at religion and law in the context of political power, covering different religions including Christianity, Islam and Judaism. It examines through a diversity of perspectives the law in religion and religion in law, enabling readers to gain multi-disciplinary insights into pressing contemporary issues.

The interaction of law and religion

The interaction of law and religion

  • Author: Harold Joseph Berman
  • Publisher: N.A
  • ISBN: N.A
  • Category: Religion
  • Page: 174
  • View: 5907
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Religion and Law in the United States

Religion and Law in the United States

  • Author: Brett G. Scharffs
  • Publisher: N.A
  • ISBN: 9789041167644
  • Category: Religion and law
  • Page: N.A
  • View: 9282
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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: 4645
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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.