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Author : Rafael Domingo
Publisher : Cambridge University Press
Page : 195 pages
File Size : 51,7 Mb
Release : 2016-09-29
Category : Law
ISBN : 9781107147317
This is a timely contribution to the debate on the rights and liberties of religion, beliefs, and conscience in an age of secularization.
Author : Ronald Dworkin
Publisher : Harvard University Press
Page : 71 pages
File Size : 43,7 Mb
Release : 2013-10-01
Category : Philosophy
ISBN : 9780674728042
In his last book, Ronald Dworkin addresses questions that men and women have asked through the ages: What is religion and what is God’s place in it? What is death and what is immortality? Based on the 2011 Einstein Lectures, Religion without God is inspired by remarks Einstein made that if religion consists of awe toward mysteries which “manifest themselves in the highest wisdom and the most radiant beauty, and which our dull faculties can comprehend only in the most primitive forms,” then, he, Einstein, was a religious person. Dworkin joins Einstein’s sense of cosmic mystery and beauty to the claim that value is objective, independent of mind, and immanent in the world. He rejects the metaphysics of naturalism—that nothing is real except what can be studied by the natural sciences. Belief in God is one manifestation of this deeper worldview, but not the only one. The conviction that God underwrites value presupposes a prior commitment to the independent reality of that value—a commitment that is available to nonbelievers as well. So theists share a commitment with some atheists that is more fundamental than what divides them. Freedom of religion should flow not from a respect for belief in God but from the right to ethical independence. Dworkin hoped that this short book would contribute to rational conversation and the softening of religious fear and hatred. Religion without God is the work of a humanist who recognized both the possibilities and limitations of humanity.
Author : Harold Joseph Berman
Publisher : Unknown
Page : 184 pages
File Size : 49,7 Mb
Release : 1974
Category : Law
ISBN : UVA:X000362369
Author : Harold J. Berman
Publisher : Wm. B. Eerdmans Publishing
Page : 432 pages
File Size : 55,6 Mb
Release : 2000
Category : Religion
ISBN : 0802848524
This book argues that despite the tensions existing in all societies between religious faith and legal order, they inevitably interact. In the course of his discussion Berman traces the history of Western law, exposes the fallacies of law theories that fail to take religion into account, examines key theological, prophetic, and educational themes, and looks at the role of religion in the Soviet and post-Soviet state.
Author : Jean L. Cohen,Cécile Laborde
Publisher : Columbia University Press
Page : 465 pages
File Size : 55,8 Mb
Release : 2015-12-22
Category : Religion
ISBN : 9780231540735
Polarization between political religionists and militant secularists on both sides of the Atlantic is on the rise. Critically engaging with traditional secularism and religious accommodationism, this collection introduces a constitutional secularism that robustly meets contemporary challenges. It identifies which connections between religion and the state are compatible with the liberal, republican, and democratic principles of constitutional democracy and assesses the success of their implementation in the birthplace of political secularism: the United States and Western Europe. Approaching this issue from philosophical, legal, historical, political, and sociological perspectives, the contributors wage a thorough defense of their project's theoretical and institutional legitimacy. Their work brings fresh insight to debates over the balance of human rights and religious freedom, the proper definition of a nonestablishment norm, and the relationship between sovereignty and legal pluralism. They discuss the genealogy of and tensions involving international legal rights to religious freedom, religious symbols in public spaces, religious arguments in public debates, the jurisdiction of religious authorities in personal law, and the dilemmas of religious accommodation in national constitutions and public policy when it violates international human rights agreements or liberal-democratic principles. If we profoundly rethink the concepts of religion and secularism, these thinkers argue, a principled adjudication of competing claims becomes possible.
Author : Janet Epp Buckingham
Publisher : McGill-Queen's Press - MQUP
Page : 344 pages
File Size : 42,5 Mb
Release : 2014-03
Category : Law
ISBN : 9780773590694
From before Confederation to the present day, religion has been one of the most contentious issues in Canadian public life. In Fighting over God, Janet Buckingham surveys a vast array of religious conflicts, exploring both their political aspects and the court cases that were part of their resolution. While topics such as the Manitoba Schools Crisis and debates about Sunday shopping are familiar territory, Buckingham focuses on lesser-known conflicts such as those over the education of Doukhobor and Mennonite children and the banning of the Jehovah's Witness religion under the Defence of Canada Regulations during the Second World War. Subjects are explored thematically with chapters on the history of religious broadcasting, education, freedom of expression, religious practices, marriage and family, and religious institutions. Contentious issues about religious accommodation are not going away. Fighting over God cites over six hundred legal cases, across nearly four centuries, to provide a rich context for the ongoing social debate about the place of religion in our increasingly secular society.
Author : Angus J.L. Menuge
Publisher : Routledge
Page : 232 pages
File Size : 44,9 Mb
Release : 2016-04-22
Category : Political Science
ISBN : 9781317105756
When does the exercise of an interest constitute a human right? The contributors to Menuge’s edited collection offer a range of secular and religious responses to this fundamental question of the legitimacy of human rights claims. The first section evaluates the plausibility of natural and transcendent foundations for human rights. A further section explores the nature of religious freedom and the vexed question of its proper limits as it arises in the US, European, and global contexts. The final section explores the pragmatic justification of human rights: how do we motivate the recognition and enforcement of human rights in the real world? This topical book should be of interest to a range of academics from disciplines spanning law, philosophy, religion and politics.
Author : Dawid Bunikowski,Alberto Puppo
Publisher : Springer Nature
Page : 301 pages
File Size : 52,8 Mb
Release : 2020-02-11
Category : Law
ISBN : 9783030354848
This book examines the relation between religion and jurisprudence, God, and peace respectively. It argues that in order to elucidate the possible role religion can play in the contemporary world, it is useful to analyse religion by associating it with other concepts. Why peace? Because peace is probably the greatest promise made by religions and the greatest concern in the contemporary world. Why jurisprudence? Because, quoting Kelsen’s famous book "Peace through Law", peace is usually understood as something achievable by international legal instruments. But what if we replace "Peace through Law" with "Peace through Religion"? Does law, as an instrument for achieving peace, incorporate a religious dimension? Is law, ultimately, a religious and normative construction oriented to peace, to the protection of humanity, in order to keep humans from the violence of nature? Is the hope for peace rational, or just a question of faith? Is religion itself a question of faith or a rational choice? Is the relatively recent legal concept of “responsibility to protect” a secular expression of the oldest duty of humankind? The book follows the structure of interdisciplinary research in which the international legal scholar, the moral philosopher, the philosopher of religion, the theologian, and the political scientist contribute to the construction of the necessary bridges. Moreover, it gives voice to different monotheistic traditions and, more importantly, it analyses religion in the various dimensions in which it determines the authors' cultures: as a set of rituals, as a source of moral norms, as a universal project for peace, and as a political discourse.
Author : Paul Babie,Vanja-Ivan Savić
Publisher : Routledge
Page : 333 pages
File Size : 54,8 Mb
Release : 2017-09-01
Category : Law
ISBN : 9781134851225
Increasingly, the modern neo-liberal world marginalises any notion of religion or spirituality, leaving little or no room for the sacred in the public sphere. While this process advances, the conservative and harmful behaviours associated with some religions and their adherents exacerbate this marginalisation by driving out those who remain religious or spiritual. And all of this is seen through the lens of social science, which seems to agree that religion remains important, if not in spiritual sense, at least as a source of folklore and a means of identification: religions remain rooted in the societies from which they emerged, and the legal systems of many of those societies emerged from religious sources, even if those societies remain unwilling to admit that fact. In the modern materialistic world of conformity, religion is less a source of guidance than a label of identification. The world therefore faces two issues. First, the decreasing level of spirituality in the ‘West’ widens the gap between worshippers and those who have left their faith (eg agnostics and atheists, or those who look at religion as a matter of ‘picking and choosing’ from a range of options). And, second, the strong connections to religion which remain in many nations, but which are often misused in the secular public sphere (both in the West and internationally). In such divided worlds, both religious and secular forces tend to lock themselves into closed groupings of ‘pure truth’ and in so doing increase the level of disagreement, in turn producing radicalism. In short, the modern world is divided in two ways: between religious and non-religious (although some have argued that the non-religious secular is itself a form of civil religion), and between those subscribing to divergent understandings of the same religious tradition. While hyperbolic and histrionic, the term ‘culture wars’ nonetheless best captures what we see happening in the public sphere today. The question emerges, then: how best to accommodate the democratic principle which posits that the majority should feel that it lives in a society of its own with the human rights principle, holding that is necessary to ensure the full protection of the minority’s rights? How to balance these seemingly opposed principles? We are very familiar with the differences that appear between secular and sacred in the modern world; yet, what of the similarities amongst scriptures and laws which seek to encourage mutual understanding, cooperation and even cohabitation? Because religion itself is a source of law, a set of exhortations or commands as much as a set of rights, every major religion offers an approach to encountering ‘the Other’ in a positive, constructive, affirming way; and it is here that religions reveal much that they have in common. This book draws together the work of scholars engaged in exploring the possibilities for a ‘utopian’ world in the sense fostered by St Thomas More. The essays explore those dimensions of religious and civil law where ‘love’ – however that is defined by relevant texts – fosters and encourages acceptance of ‘the Other’ and will offer perspectives on the ways in which religious or civil/state law command one to act in the spirit of ‘love’.
Author : Rafael Domingo
Publisher : CUA Press
Page : 353 pages
File Size : 52,7 Mb
Release : 2023
Category : Law
ISBN : 9780813237299
Law and Religion in a Secular Age seeks to restore the connection between spirituality and justice, religion and law, theology and jurisprudence, and natural law and positive law by building a new bridge suitable for pluralistic societies in the secular age. The author argues for a multidimensional view of reality that includes legal, political, moral, and spiritual dimensions of human nature and society. Each of these dimensions of life needs to recognize the existence, influence, and function of the others, which act as a filter or check on the excesses of each other. This multidimensionality of reality clarifies why no legal theory can fully account for law from the legal dimension alone, just as no moral theory makes perfect sense of morality from the moral dimension?and, for that matter, nothing in physics can fully interpret the physical dimension of reality. The premises of a legal system cannot be fully explained by the legal dimension alone because the fundamental conditions and qualities of justice, freedom, and dignity touch all the dimensions of reality in which the human person acts, including the moral and the spiritual, not just the legal. Building on this multidimensional theory of reality, the author explores the core differences and the essential interconnections between law, morality, religion, and spirituality and some of the legal implications of these connections. Rafael Domingo reminds readers of the vital role of religion in shaping the conceptual framework of Western legal systems, underscores the spirit of Christianity that inspired legal institutions, principles, and values, and recalls the contributions of specific Christian jurists as central figures for the development of justice in society. Law and Religion in a Secular Age aims to be a valuable antidote against the dominant legal positivism that has cornered public morality, the defiant secularism that has marginalized religion, and any other legal doctrine that diminishes the spiritual dimension of law and justice.
Author : William J. Federer
Publisher : Amerisearch, Inc.
Page : 180 pages
File Size : 49,5 Mb
Release : 2004
Category : Religion
ISBN : 0975345516
"All men are endowed by their Creator with certain unalienable Rights" - Declaration of Independence, 1776 Do you like having rights the government cannot take away? Do you like being equal? Do you like a country with few laws? Then you want America under God! "The Rights of man Come not from the generosity of the state, but from the hand of God" - John F. Kennedy, 1961, Inaugural Address "We believe that all men are created equal, because they are created in the image of God" - Harry S Truman, 1949, Inaugural Address "Our constitution was made only for a moral and religious people, it is wholly inadequate to the government of any other" - John Adams, 1798, Letter to the Massachusetts Third Division
Author : Patrick M. Brennan,William S. Brewbaker
Publisher : Foundation Press
Page : 0 pages
File Size : 46,9 Mb
Release : 2017
Category : Christianity and law
ISBN : 1609302311
Hardbound - New, hardbound print book.
Author : Ronald A. Lindsay
Publisher : Pitchstone Publishing (US&CA)
Page : 203 pages
File Size : 49,5 Mb
Release : 2014-12-01
Category : Political Science
ISBN : 9781939578167
For the first time in human history, a significant percentage of the world's population no longer believes in God. This is especially true in developed nations, where in some societies nonbelievers now outnumber believers. Unless religion collapses completely, or undergoes a remarkable resurgence, countries across the globe must learn to carefully and effectively manage this societal mix of religious and irreligious. For in a world already deeply riven by sectarian conflict, this unprecedented demographic shift presents yet another challenge to humanity. Writing in an engaging, accessible style, philosopher and lawyer Ronald A. Lindsay develops a tightly crafted argument for secularism—specifically, that in a religiously pluralistic society, a robust, thoroughgoing secularism is the only reliable means of preserving meaningful democracy and rights of conscience. Contrary to certain political pundits and religious leaders who commonly employ the term secularism as a scare word, Lindsay uses clear, concrete examples and jargon-free language to demonstrate that secularism is the only way to ensure equal respect and protection under the law—for believers and nonbelievers alike. Although critical of some aspects of religion, Lindsay neither presents an antireligious tirade nor seeks to convert anyone to nonbelief, reminding us that secularism and atheism are not synonymous. Rather, he shows how secularism works to everyone's benefit and makes the definitive case that the secular model should be feared by none—and embraced by all.!--?xml:namespace prefix = "o" ns = "urn:schemas-microsoft-com:office:office" /--
Author : Lorenzo Zucca
Publisher : OUP Oxford
Page : 240 pages
File Size : 50,6 Mb
Release : 2012-10-11
Category : Law
ISBN : 9780191644757
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.
Author : Andrew Skotnicki
Publisher : Ashgate Publishing, Ltd.
Page : 212 pages
File Size : 55,7 Mb
Release : 2012
Category : Law
ISBN : 9781409435754
In a culture obsessed with law, judgment and violence, this book challenges Christians to remember that Jesus urged his followers to judge no one, bring harm upon no one, and follow no law save the law of altruistic love. It traces Christian history first to show that Christians of an earlier age took very seriously the gospel injunctions against punitive legal judgment and then how the advent of formal legal codes and philosophical dualism undermined that perspective to create a division between a private Christian spirituality and a public morality of order and legally sanctioned violence.