Law Religion And Tradition

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Law, Religion and Tradition

Jessica Giles,Andrea Pin,Frank S. Ravitch
Law Religion and Tradition Book PDF

Author : Jessica Giles,Andrea Pin,Frank S. Ravitch
Publisher : Springer
Page : 191 pages
File Size : 42,5 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.

Religion, Law and Tradition

Andrew Huxley
Religion Law and Tradition Book PDF

Author : Andrew Huxley
Publisher : Routledge
Page : 208 pages
File Size : 40,8 Mb
Release : 2012-10-12
Category : Language Arts & Disciplines
ISBN : 9781136132421

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Religion, Law and Tradition by Andrew Huxley Pdf

This book brings together two scholarly traditions: experts in Roman, Jewish and Islamic law, an area where scholars tend to be familiar with work in each area, and experts in the legal traditions of South and East Asia, which have tended to be less interdisciplinary. The resulting mix produces new ways of looking at comparative law and legal history from a global perspective, and these essays contribute both to our understanding of comparative religion as well as comparative law.

Faith and Law

Robert F. Cochran
Faith and Law Book PDF

Author : Robert F. Cochran
Publisher : NYU Press
Page : 311 pages
File Size : 41,5 Mb
Release : 2008
Category : Law
ISBN : 9780814716724

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Faith and Law by Robert F. Cochran Pdf

The relationship between religion and the law is a hot-button topic in America, with the courts, Congress, journalists, and others engaging in animated debates on what influence, if any, the former should have on the latter. Many of these discussions are dominated by the legal perspective, which views religion as a threat to the law; it is rare to hear how various religions in America view American law, even though most religions have distinct views on law. In Faith and Law, legal scholars from sixteen different religious traditions contend that religious discourse has an important function in the making, practice, and adjudication of American law, not least because our laws rest upon a framework of religious values. The book includes faiths that have traditionally had an impact on American law, as well as new immigrant faiths that are likely to have a growing influence. Each contributor describes how his or her tradition views law and addresses one legal issue from that perspective. Topics include abortion, gay rights, euthanasia, immigrant rights, and blasphemy and free speech.

Law, Religion and Love

Paul Babie,Vanja-Ivan Savić
Law Religion and Love Book PDF

Author : Paul Babie,Vanja-Ivan Savić
Publisher : Routledge
Page : 333 pages
File Size : 49,7 Mb
Release : 2017-09-01
Category : Law
ISBN : 9781134851225

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Law, Religion and Love by Paul Babie,Vanja-Ivan Savić Pdf

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’.

Religion and International Law

Mark W. Janis,Carolyn Evans
Religion and International Law Book PDF

Author : Mark W. Janis,Carolyn Evans
Publisher : BRILL
Page : 533 pages
File Size : 44,5 Mb
Release : 2004-02-01
Category : Law
ISBN : 9789047413400

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Religion and International Law by Mark W. Janis,Carolyn 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, now available in paperback, builds on the eleven essays edited 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.

Gender, Religion, and Family Law

Lisa Fishbayn Joffe,Sylvia Neil
Gender Religion and Family Law Book PDF

Author : Lisa Fishbayn Joffe,Sylvia Neil
Publisher : UPNE
Page : 346 pages
File Size : 54,5 Mb
Release : 2013
Category : Law
ISBN : 9781611683271

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Gender, Religion, and Family Law by Lisa Fishbayn Joffe,Sylvia Neil Pdf

Groundbreaking theoretical and legal approaches to resolving conflicts between gender equality and cultural practices

Feminism, Law and Religion

Marie A. Failinger,Elizabeth R. Schiltz,Susan J. Stabile
Feminism Law and Religion Book PDF

Author : Marie A. Failinger,Elizabeth R. Schiltz,Susan J. Stabile
Publisher : Ashgate Publishing, Ltd.
Page : 449 pages
File Size : 43,9 Mb
Release : 2013
Category : Law
ISBN : 9781409444213

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Feminism, Law and Religion by Marie A. Failinger,Elizabeth R. Schiltz,Susan J. Stabile Pdf

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. 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. The book is 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

Silvio Ferrari
Routledge Handbook of Law and Religion Book PDF

Author : Silvio Ferrari
Publisher : Routledge
Page : 426 pages
File Size : 41,5 Mb
Release : 2015-03-05
Category : Law
ISBN : 9781135045555

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Routledge Handbook of Law and Religion by Silvio Ferrari Pdf

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 as Religion, Religion as Law

David C. Flatto,Benjamin Porat
Law as Religion Religion as Law Book PDF

Author : David C. Flatto,Benjamin Porat
Publisher : Cambridge University Press
Page : 403 pages
File Size : 43,9 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.

Law and the Christian Tradition in Italy

Orazio Condorelli,Rafael Domingo
Law and the Christian Tradition in Italy Book PDF

Author : Orazio Condorelli,Rafael Domingo
Publisher : Routledge
Page : 472 pages
File Size : 50,7 Mb
Release : 2020-07-02
Category : History
ISBN : 9781000079197

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Law and the Christian Tradition in Italy by Orazio Condorelli,Rafael Domingo Pdf

Firmly rooted on Roman and canon law, Italian legal culture has had an impressive influence on the civil law tradition from the Middle Ages to present day, and it is rightly regarded as "the cradle of the European legal culture." Along with Justinian’s compilation, the US Constitution, and the French Civil Code, the Decretum of Master Gratian or the so-called Glossa ordinaria of Accursius are one of the few legal sources that have influenced the entire world for centuries. This volume explores a millennium-long story of law and religion in Italy through a series of twenty-six biographical chapters written by distinguished legal scholars and historians from Italy and around the world. The chapters range from the first Italian civilians and canonists, Irnerius and Gratian in the early twelfth century, to the leading architect of the Second Vatican Council, Pope Paul VI. Between these two bookends, this volume offers notable case studies of familiar civilians like Bartolo, Baldo, and Gentili and familiar canonists like Hostiensis, Panormitanus, and Gasparri but also a number of other jurists in the broadest sense who deserve much more attention especially outside of Italy. This diversity of international and methodological perspectives gives the volume its unique character. The book will be essential reading for academics working in the areas of Legal History, Law and Religion, and Constitutional Law and will appeal to scholars, lawyers, and students interested in the interplay between religion and law in the era of globalization.

Religious Legal Traditions, International Human Rights Law and Muslim States

Hashemi
Religious Legal Traditions International Human Rights Law and Muslim States Book PDF

Author : Hashemi
Publisher : BRILL
Page : 304 pages
File Size : 50,9 Mb
Release : 2008-07-25
Category : Law
ISBN : 9789047431534

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Religious Legal Traditions, International Human Rights Law and Muslim States by Hashemi Pdf

Considering the subject of Islam and Human Rights, the book tackles three areas that have been largely ignored in 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.

God's Joust, God's Justice

John Witte
God s Joust God s Justice Book PDF

Author : John Witte
Publisher : Wm. B. Eerdmans Publishing
Page : 513 pages
File Size : 41,8 Mb
Release : 2006-10-31
Category : Law
ISBN : 9780802844217

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God's Joust, God's Justice by John Witte Pdf

'God's Joust, God's Justice' provides a vista of the major debates over law and religion in the West, enabling readers to proceed toward a more integrated understanding of the foundational elements of modern democracy.

Law and the Christian Tradition in Modern Russia

Paul Valliere,Randall A. Poole
Law and the Christian Tradition in Modern Russia Book PDF

Author : Paul Valliere,Randall A. Poole
Publisher : Routledge
Page : 354 pages
File Size : 41,5 Mb
Release : 2021-09-16
Category : History
ISBN : 9781000427936

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Law and the Christian Tradition in Modern Russia by Paul Valliere,Randall A. Poole Pdf

This book, authored by an international group of scholars, focuses on a vibrant central current within the history of Russian legal thought: how Christianity, and theistic belief generally, has inspired the aspiration to the rule of law in Russia, informed Russian philosophies of law, and shaped legal practices. Following a substantial introduction to the phenomenon of Russian legal consciousness, the volume presents twelve concise, non-technical portraits of modern Russian jurists and philosophers of law whose thought was shaped significantly by Orthodox Christian faith or theistic belief. Also included are chapters on the role the Orthodox Church has played in the legal culture of Russia and on the contribution of modern Russian scholars to the critical investigation of Orthodox canon law. The collection embraces the most creative period of Russian legal thought—the century and a half from the later Enlightenment to the Russian emigration following the Bolshevik Revolution. This book will merit the attention of anyone interested in the connections between law and religion in modern times.

From Sacrament to Contract

John Witte
From Sacrament to Contract Book PDF

Author : John Witte
Publisher : Westminster John Knox Press
Page : 332 pages
File Size : 53,7 Mb
Release : 1997-01-01
Category : Religion
ISBN : 0664255434

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From Sacrament to Contract by John Witte Pdf

Analyzes the interplay between Christian theological norms and Western legal principles concerning marriage, examining the theology and law of marriage in the Catholic, Lutheran, Calvinist, Anglican, and Enlightenment traditions.

Law and The Christian Tradition in Scandinavia

Kjell Å Modéer,Helle Vogt
Law and The Christian Tradition in Scandinavia Book PDF

Author : Kjell Å Modéer,Helle Vogt
Publisher : Routledge
Page : 388 pages
File Size : 49,9 Mb
Release : 2020-10-08
Category : History
ISBN : 9781000201536

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Law and The Christian Tradition in Scandinavia by Kjell Å Modéer,Helle Vogt Pdf

This book presents a comprehensive history of law and religion in the Nordic context. The entwinement of law and religion in Scandinavia encompasses an unusual history, not widely known yet important for its impact on contemporary political and international relations in the region. The volume provides a holistic picture from the first written legal sources of the twelfth century to the law of the present secular welfare states. It recounts this history through biographical case studies. Taking the point of view of major influential figures in church, politics, university, and law, it thus presents the principal actors who served as catalysts in ecclesiastical and secular law through the centuries. This refreshing approach to legal history contributes to a new trend in historiography, particularly articulated by a younger generation of experienced Nordic scholars whose work is featured prominently in this volume. The collection will be a valuable resource for academics and researchers working in the areas of Legal History and Law and Religion.