Law As Religion Religion As Law

Author : David C. Flatto,Benjamin Porat
Publisher : Cambridge University Press
Page : 403 pages
File Size : 55,7 Mb
Release : 2022-08-25
Category : Law
ISBN : 9781108787987

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Law as Religion, Religion as Law by David C. Flatto,Benjamin Porat Pdf

The conventional approach to law and religion assumes that these are competing domains, which raises questions about the freedom of, and from, religion; alternate commitments of religion and human rights; and respective jurisdictions of civil and religious courts. This volume moves beyond this competitive paradigm to consider law and religion as overlapping and interrelated frameworks that structure the social order, arguing that law and religion share similar properties and have a symbiotic relationship. Moreover, many legal systems exhibit religious characteristics, informing their notions of authority, precedent, rituals and canonical texts, and most religions invoke legal concepts or terminology. The contributors address this blurring of law and religion in the contexts of political theology, secularism, church-state conflicts, and the foundational idea of divine law. This title is also available as Open Access on Cambridge Core.

Author : Harold Joseph Berman
Publisher : Unknown
Page : 182 pages
File Size : 47,8 Mb
Release : 1974
Category : Religion
ISBN : UOM:39015001619629

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The Interaction of Law and Religion by Harold Joseph Berman Pdf

Author : Jessica Giles,Andrea Pin,Frank S. Ravitch
Publisher : Springer
Page : 191 pages
File Size : 55,6 Mb
Release : 2018-09-27
Category : Law
ISBN : 9783319967493

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Law, Religion and Tradition by Jessica Giles,Andrea Pin,Frank S. Ravitch Pdf

This book explores different theories of law, religion, and tradition, from both a secular and a religious perspective. It reflects on how tradition and change can affect religious and secular legal reasoning, identifying the patterns of legal evolution within religious and secular traditions. It is often taken for granted that, even in law, change corresponds and correlates to progress – that things ought to be changed and they will necessarily get better. There is no doubt that legal changes over the centuries have made it possible to enhance the protection of individual rights and to somewhat contain the possibility of tyranny and despotism. But progress is not everything in law: stability and certainty lie at the core of the rule of law. Similarly, religions and religious laws could not survive without traditions; and yet, they still evolve, and their evolution is often intermingled with secular law. The book asks (and in some ways answers) the questions: What is the role of tradition within religions and religious laws? What is the impact of religious traditions on secular laws, and vice-versa? How are the elements of tradition to be identified? Are they the same within the secular and the religious realm? Do secular law and religious law follow comparable patterns of change? Do their levels of resilience differ significantly? How does the history of religion and law affect changes within religious traditions and legal systems? The overall focus of the book addresses the extent to which tradition plays a role in shaping and re-shaping secular and religious laws, as well as their mutual boundaries.

Author : Martti Koskenniemi,Mónica García-Salmones Rovira,Paolo Amorosa
Publisher : Oxford University Press
Page : 481 pages
File Size : 49,7 Mb
Release : 2017
Category : Law
ISBN : 9780198805878

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International Law and Religion by Martti Koskenniemi,Mónica García-Salmones Rovira,Paolo Amorosa Pdf

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 --Front flap.

Author : Russell Sandberg
Publisher : Routledge
Page : 228 pages
File Size : 55,9 Mb
Release : 2018-12-07
Category : Law
ISBN : 9780429684418

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Leading Works in Law and Religion by Russell Sandberg Pdf

Leading Works in Law and Religion brings together leading and emerging scholars in the field from the United Kingdom and Ireland. Each contributor has been invited to select and analyse a ‘leading work’, which has for them shed light on the way that Law and Religion are intertwined. The chapters are both autobiographical, reflecting upon the works that have proved significant to contributors, and also critical analyses of the current state of the field, exploring in particular the interdisciplinary potential of the study of Law and Religion. The book also includes a specially written introduction and conclusion, which critically comment upon the development of Law and Religion over the last 25 years and likely future developments in light of the reflections by contributors on their chosen leading works.

Author : Robert Uerpmann-Wittzack,Evelyne Lagrange,Stefan Oeter
Publisher : BRILL
Page : 397 pages
File Size : 52,5 Mb
Release : 2018-08-23
Category : Law
ISBN : 9789004349155

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Religion and International Law by Robert Uerpmann-Wittzack,Evelyne Lagrange,Stefan Oeter Pdf

Living together explores international law responses to the challenges of growing religious antagonisms. Building on historic concepts, it looks at the role of religious institutions and religious law before examining the contribution of human rights bodies and particular human rights.

Author : Clifford Ando,Jörg Rüpke
Publisher : Franz Steiner Verlag
Page : 180 pages
File Size : 51,7 Mb
Release : 2006
Category : History
ISBN : 3515088547

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Religion and Law in Classical and Christian Rome by Clifford Ando,Jörg Rüpke Pdf

Law is a particularly fruitful means by which to investigate the relationship between religion and state. It is the mechanism by which the Roman state and its European successors have regulated religion, in the twin actions of constraining religious institutions to particular social spaces and of releasing control over such spaces to those orders. This volume analyses the relationship from the late Republic to the final codification of Roman law in Justinian's Constantinople.

Author : Lord Denning,Alfred Thompson Denning Denning, Baron
Publisher : Canadian Inst for Law Theology
Page : 57 pages
File Size : 54,7 Mb
Release : 1997
Category : Law
ISBN : 1896363083

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The Influence of Religion on Law by Lord Denning,Alfred Thompson Denning Denning, Baron Pdf

Author : Constantine Papageorgiou
Publisher : Kluwer Law International B.V.
Page : 367 pages
File Size : 45,8 Mb
Release : 2021-11-21
Category : Religion
ISBN : 9789403539928

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Religion and Law in Greece by Constantine Papageorgiou Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient resource provides systematic information on how Greece deals with the role religion plays or can play in society, the legal status of religious communities and institutions, and the legal interaction among religion, culture, education, and media. After a general introduction describing the social and historical background, the book goes on to explain the legal framework in which religion is approached. Coverage proceeds from the principle of religious freedom through the rights and contractual obligations of religious communities; international, transnational, and regional law effects; and the legal parameters affecting the influence of religion in politics and public life. Also covered are legal positions on religion in such specific fields as church financing, labour and employment, and matrimonial and family law. A clear and comprehensive overview of relevant legislation and legal doctrine make the book an invaluable reference source and very useful guide. Succinct and practical, this book will prove to be of great value to practitioners in the myriad instances where a law-related religious interest arises in Greece. Academics and researchers will appreciate its value as a thorough but concise treatment of the legal aspects of diversity and multiculturalism in which religion plays such an important part.

Author : Mark W. Janis,Carolyn Maree Evans
Publisher : Martinus Nijhoff Publishers
Page : 544 pages
File Size : 47,6 Mb
Release : 1999-07-13
Category : Political Science
ISBN : 9041111743

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Religion and International Law by Mark W. Janis,Carolyn Maree Evans Pdf

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.

Author : Peter William Edge
Publisher : BRILL
Page : 530 pages
File Size : 54,8 Mb
Release : 2021-10-25
Category : Law
ISBN : 9789004480827

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Legal Responses to Religious Differences by Peter William Edge Pdf

Until recently English law has lacked any specific, generally applicable, guarantees of religious rights. Thus, bodies of law have developed in particular areas where religious interests arise but without a common legal frame. The Human Rights Act 1998, however, has brought the guarantees of the European Convention on Human Rights, most specifically the guarantees of religious rights, non-discrimination, and education rights, more fully into English law. As well as showing how one legal system has engaged with international obligations in respect of religious rights, this text provides a valuable source for comparative study of religious interests in national jurisdictions. It explores the particular response of the English legal system when faced with religious difference, and considers the extent to which the Human Rights Act may produce significant legal change. The text is aimed specifically at both the legal and non-legal reader, and concludes with a discussion of how to use English legal sources, and an extensive bibliography.

Author : Benjamin L. Berger
Publisher : University of Toronto Press
Page : 240 pages
File Size : 52,7 Mb
Release : 2016-01-28
Category : Law
ISBN : 9781442696396

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Law's Religion by Benjamin L. Berger Pdf

Prevailing stories about law and religion place great faith in the capacity of legal multiculturalism, rights-based toleration, and conceptions of the secular to manage issues raised by religious difference. Yet the relationship between law and religion consistently proves more fraught than such accounts suggest. In Law’s Religion, Benjamin L. Berger knocks law from its perch above culture, arguing that liberal constitutionalism is an aspect of, not an answer to, the challenges of cultural pluralism. Berger urges an approach to the study of law and religion that focuses on the experience of law as a potent cultural force. Based on a close reading of Canadian jurisprudence, but relevant to all liberal legal orders, this book explores the nature and limits of legal tolerance and shows how constitutional law’s understanding of religion shapes religious freedom. Rather than calling for legal reform, Law’s Religion invites us to rethink the ethics, virtues, and practices of adjudication in matters of religious difference.

Author : Rossella Bottoni,Rinaldo Cristofori,Silvio Ferrari
Publisher : Springer
Page : 420 pages
File Size : 53,5 Mb
Release : 2016-07-07
Category : Law
ISBN : 9783319283357

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Religious Rules, State Law, and Normative Pluralism - A Comparative Overview by Rossella Bottoni,Rinaldo Cristofori,Silvio Ferrari Pdf

This book is devoted to the study of the interplay between religious rules and State law. It explores how State recognition of religious rules can affect the degree of legal diversity that is available to citizens and why such recognition sometime results in more individual and collective freedom and sometime in a threat to equality of citizens before the law. The first part of the book contains a few contributions that place this discussion within the wider debate on legal pluralism. While State law and religious rules are two normative systems among many others, the specific characteristics of the latter are at the heart of tensions that emerge with increasing frequency in many countries. The second part is devoted to the analysis of about twenty national cases that provide an overview of the different tools and strategies that are employed to manage the relationship between State law and religious rules all over the world.

Author : Rex J. Ahdar
Publisher : Unknown
Page : 0 pages
File Size : 43,5 Mb
Release : 2018
Category : Church and state
ISBN : 1788112466

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Research Handbook on Law and Religion by Rex J. Ahdar Pdf

"[This book] explores both perennial and recent legal issues that concern the modern state and its interaction with religious communities and individuals. Providing in-depth, original analysis the book includes studies of a wide array of nation states, such as India and Turkey, which each have their own complex issues centred on law, religion and the interactions between the two. Longstanding issues of religious liberty are explored such as the right of conscientious objection, religious confession privilege and the wearing of religious apparel. The contested meanings of the secular state and religious neutrality are revisited from different perspectives and the reality of the international human rights protections for religious freedom are analysed."--

Author : Edwin Brown Firmage,Bernard G. Weiss,John Woodland Welch
Publisher : Eisenbrauns
Page : 420 pages
File Size : 54,8 Mb
Release : 1990
Category : History
ISBN : 0931464390

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Religion and Law by Edwin Brown Firmage,Bernard G. Weiss,John Woodland Welch Pdf

The papers presented in this volume were originally presented at a conference entitled "Religion and Law: Middle Eastern Influences on the West," sponsored by the Middle East Center of the University of Utah and the J. Reuben Clark Law School at Brigham Young Univerisity. The conference's aim was to explore the connection between religion, especially biblical religion, and law in the Ancient Middle East and to trace its development into the present. The special status of Islamic law is treated in several articles.