Religious Rules State Law And Normative Pluralism A Comparative Overview

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Religious Rules, State Law, and Normative Pluralism - A Comparative Overview

Rossella Bottoni,Rinaldo Cristofori,Silvio Ferrari
Religious Rules State Law and Normative Pluralism A Comparative Overview Book PDF

Author : Rossella Bottoni,Rinaldo Cristofori,Silvio Ferrari
Publisher : Springer
Page : 420 pages
File Size : 40,5 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.

Normative Pluralism and Human Rights

Kyriaki Topidi
Normative Pluralism and Human Rights Book PDF

Author : Kyriaki Topidi
Publisher : Routledge
Page : 284 pages
File Size : 44,7 Mb
Release : 2018-06-13
Category : Law
ISBN : 9781351676496

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Normative Pluralism and Human Rights by Kyriaki Topidi Pdf

The complex legal situations arising from the coexistence of international law, state law, and social and religious norms in different parts of the world often include scenarios of conflict between them. These conflicting norms issued from different categories of ‘laws’ result in difficulties in describing, identifying and analysing human rights in plural environments. This volume studies how normative conflicts unfold when trapped in the aspirations of human rights and their local realizations. It reflects on how such tensions can be eased, while observing how and why they occur. The authors examine how obedience or resistance to the official law is generated through the interaction of a multiplicity of conflicting norms, interpretations and practices. Emphasis is placed on the actors involved in raising or decreasing the tension surrounding the conflict and the implications that the conflict carries, whether resolved or not, in conditions of asymmetric power movements. It is argued that legal responsiveness to state law depends on how people with different identities deal with it, narrate it and build expectations from it, bearing in mind that normative pluralism may also operate as an instrument towards the exclusion of certain communities from the public sphere. The chapters look particularly to expose the dialogue between parallel normative spheres in order for law to become more effective, while investigating the types of socio-legal variables that affect the functioning of law, leading to conflicts between rights, values and entire cultural frames.

Law and Religious Diversity in Education

Kyriaki Topidi
Law and Religious Diversity in Education Book PDF

Author : Kyriaki Topidi
Publisher : Routledge
Page : 224 pages
File Size : 51,7 Mb
Release : 2020-08-05
Category : Education
ISBN : 9780429803932

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Law and Religious Diversity in Education by Kyriaki Topidi Pdf

Religion is a prominent legal force despite the premise constructed and promoted by Western constitutionalism that it must be separated from the State in democracies. Education constitutes an area of human life that leaves ample scope for the expression of religious identity and shapes the citizens of the future. It is also the place of origin of a considerable number of normative conflicts involving religious identity that arise today in multicultural settings. The book deals with the interplay of law and religion in education through the versatility of religious law and legal pluralism, as well as religion’s possible adaptation and reconciliation with modernity, in order to consider and reflect on normative conflicts. It adopts the angle of the constitutional dimension of religion narrated in a comparative perspective and critically reflects on regulatory attempts by the State and the international community to promote new ways of living together.

Law and Religious Pluralism in Canada

Richard J. Moon
Law and Religious Pluralism in Canada Book PDF

Author : Richard J. Moon
Publisher : UBC Press
Page : 327 pages
File Size : 45,9 Mb
Release : 2009-05-01
Category : Religion
ISBN : 9780774858533

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Law and Religious Pluralism in Canada by Richard J. Moon Pdf

Law and Religious Pluralism in Canada seeks to elucidate the complex and often uneasy relationship between law and religion in democracies committed both to equal citizenship and religious pluralism. Leading socio-legal scholars consider the role of religious values in public decision making, government support for religious practices, and the restriction and accommodation by government of minority religious practices. They examine such current issues as the legal recognition of sharia arbitration, the re-definition of civil marriage, and the accommodation of religious practice in the public sphere.

Legal Pluralism in Muslim Contexts

Norbert Oberauer,Yvonne Prief,Ulrike Qubaja
Legal Pluralism in Muslim Contexts Book PDF

Author : Norbert Oberauer,Yvonne Prief,Ulrike Qubaja
Publisher : BRILL
Page : 268 pages
File Size : 52,5 Mb
Release : 2019-05-20
Category : Law
ISBN : 9789004398269

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Legal Pluralism in Muslim Contexts by Norbert Oberauer,Yvonne Prief,Ulrike Qubaja Pdf

Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation.

Foundations of a Sociology of Canon Law

Judith Hahn
Foundations of a Sociology of Canon Law Book PDF

Author : Judith Hahn
Publisher : Springer Nature
Page : 246 pages
File Size : 54,8 Mb
Release : 2022-08-08
Category : Social Science
ISBN : 9783031017919

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Foundations of a Sociology of Canon Law by Judith Hahn Pdf

This "Open Access" book investigates the legal reality of the church through a sociological lens and from the perspective of canon law studies, the discipline which researches the law and the legal structure of the Catholic Church. It introduces readers from various backgrounds to the sociology of canon law, which is both a legal and a theological field of study, and is the first step towards introducing a new subdiscipline of the sociology of canon law. As a theoretical approach to mapping out this field, it asks what theology and canon law may learn from sociology; it discusses the understanding of “law” in religious contexts; studies the preconditions of legal validity and effectiveness; and based on these findings it asks in what sense it is possible to speak of canon “law”. By studying a religious order as its struggles to find a balance between continuity and change, this book also contributes to the debates on religious law in modernity and the challenges it faces from secular states and plural societies. This book is of interest to researchers and students of the sociology of law, legal studies, law and religion, the sociology of religion, theology, and religious studies. This is an open access book.

Religious Minorities in Pluralist Societies

Anonim
Religious Minorities in Pluralist Societies Book PDF

Author : Anonim
Publisher : BRILL
Page : 252 pages
File Size : 47,5 Mb
Release : 2023-12-04
Category : Law
ISBN : 9789004446816

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Religious Minorities in Pluralist Societies by Anonim Pdf

The accommodation of religious diversity in contemporary pluralist societies is undoubtedly amongst the most salient issues on today’s political agenda, not least due to the challenges posed by migration. A subject of considerable debate is how to reconcile the demands of religious and cultural diversity alongside political unity, that is, how to create a political community that is cohesive and stable and satisfies the legitimate aspirations of minorities. This volume provides a critical analysis of the institutional accommodations and legal frameworks conceived by and/or for historical religious groups and assesses their potential and shortcomings in providing for an integrated society based on human- and minority rights protection.

Law, Religion and the Family in Africa

Dr M Christian Green, Dr Faith Kabata
Law Religion and the Family in Africa Book PDF

Author : Dr M Christian Green, Dr Faith Kabata
Publisher : African Sun Media
Page : 422 pages
File Size : 47,8 Mb
Release : 2021-12-31
Category : Law
ISBN : 9781991201577

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Law, Religion and the Family in Africa by Dr M Christian Green, Dr Faith Kabata Pdf

The family is a crucial site for the interaction of law and religion the world over, including Africa. In many African societies, the family is governed by a range of sources of law, including civil, constitutional, customary and religious law. International law and human rights principles have been domesticated into African legal systems, particularly to protect the rights of women and children. Religious rites and rituals govern sexuality, marriage, divorce, child-rearing, inheritance, intergenerational relations and more in Christianity, Islam and indigenous African custom. This book examines the African family with attention to tradition and change, comparative law, the relation of parents and children to the state, indigenous religion and customary law, child marriage and child labour and migration, diaspora and displacement.

The Oxford Handbook of Comparative Law

Mathias Reimann,Reinhard Zimmermann
The Oxford Handbook of Comparative Law Book PDF

Author : Mathias Reimann,Reinhard Zimmermann
Publisher : Oxford University Press
Page : 1536 pages
File Size : 50,8 Mb
Release : 2019-03-26
Category : Law
ISBN : 9780192565525

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The Oxford Handbook of Comparative Law by Mathias Reimann,Reinhard Zimmermann Pdf

This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.

Comparative Religious Law

Norman Doe
Comparative Religious Law Book PDF

Author : Norman Doe
Publisher : Cambridge University Press
Page : 471 pages
File Size : 55,5 Mb
Release : 2018-11-15
Category : Law
ISBN : 9781107167131

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Comparative Religious Law by Norman Doe Pdf

Compares the modern legal instruments of Jewish, Christian and Muslim organisations in light of their historical religious laws.

The Oxford Handbook of Global Legal Pluralism

Paul Schiff Berman
The Oxford Handbook of Global Legal Pluralism Book PDF

Author : Paul Schiff Berman
Publisher : Oxford University Press, USA
Page : 1133 pages
File Size : 49,9 Mb
Release : 2020-09-24
Category : Law
ISBN : 9780197516744

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The Oxford Handbook of Global Legal Pluralism by Paul Schiff Berman Pdf

"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--

Comparative Law

Mathias Siems
Comparative Law Book PDF

Author : Mathias Siems
Publisher : Law in Context
Page : 531 pages
File Size : 40,9 Mb
Release : 2018-04-12
Category : Law
ISBN : 9781107182417

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Comparative Law by Mathias Siems Pdf

The most up-to-date and contextualised offering for comparative law students and scholars, referencing the newest research in the field.

Research Handbook on Law and Religion

Rex Ahdar
Research Handbook on Law and Religion Book PDF

Author : Rex Ahdar
Publisher : Edward Elgar Publishing
Page : 512 pages
File Size : 49,8 Mb
Release : 2018-09-28
Category : Law
ISBN : 9781788112475

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Research Handbook on Law and Religion by Rex Ahdar Pdf

Offering an interdisciplinary, international and philosophical perspective, this comprehensive Research Handbook explores both perennial and recent legal issues that concern the modern state and its interaction with religious communities and individuals.

Routledge Handbook of Religious Laws

Silvio Ferrari,Rossella Bottoni
Routledge Handbook of Religious Laws Book PDF

Author : Silvio Ferrari,Rossella Bottoni
Publisher : Routledge
Page : 372 pages
File Size : 41,8 Mb
Release : 2019-04-09
Category : Law
ISBN : 9781315518954

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Routledge Handbook of Religious Laws by Silvio Ferrari,Rossella Bottoni Pdf

Much has been written on specific religious legal systems, yet substantial comparative studies that strive to compare systems, identifying their analogies and differences, have been relatively few. This absence undermines the capacity to understand religions and becomes particularly serious when the faithful of these religions live together in the same geographical space, as happens today with increasing frequency. Both interreligious dialogue and dialogue between States and religions presuppose a set of data and information that only comparative research can provide. This book seeks to address this gap in the literature by presenting a comparative analysis of Christian, Jewish, Islamic and Hindu laws and traditions. Divided into five parts, the first part of the book offers the historical background for the legal analysis that is developed in the subsequent parts. Part II deals with the sources of law in the four religions under discussion. Part III addresses the dynamics of belonging and status, and Part IV looks at issues relating to the conclusion of marriage and its dissolution. The fifth and final part discusses how each religion views the legal other. Each part concludes with exploring what we can learn from a comparative examination of the topic that is dealt with in that part. Written by leading experts in the field, this book presents a clear and comprehensive picture of key religious legal systems along with a substantial bibliography. It provides a state of the art overview of scholarship in this area accompanied by a critical evaluation. As such, it will be an invaluable resource for all those concerned with religious legal systems, multiculturalism and comparative law.

Security, Religion, and the Rule of Law

Tania Pagotto,Joshua M. Roose,G. P. Marcar
Security Religion and the Rule of Law Book PDF

Author : Tania Pagotto,Joshua M. Roose,G. P. Marcar
Publisher : Taylor & Francis
Page : 183 pages
File Size : 52,5 Mb
Release : 2023-12-22
Category : Political Science
ISBN : 9781003833123

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Security, Religion, and the Rule of Law by Tania Pagotto,Joshua M. Roose,G. P. Marcar Pdf

Security, Religion, and the Rule of Law argues that true, substantive, and sustainable national security is only possible through respect for the rule of law, human rights, and religious freedom. Despite the emphasis on national security and the war on terror that has preoccupied governments for over two decades, nations – and the world – seem to be more divided than ever, with a concomitant impact of increasing the risk of terrorism and religious and political violence. The national security paradigm, previously reserved primarily for foreign threats, has been turned increasingly inwards, focusing on a state’s own citizens as potential threats. This is often along religious lines, threatening fundamental human freedoms. This book provides a series of critical engagements on some of the most pressing issues at the interface of religion and security today, including proposing a deeper engagement with theology when dealing with freedom of religious belief, exploring a better understanding between domestic peace and international relations, abiding by the rule of law while countering terrorism, and developing a broader understanding of identities and of the nature of citizenship. It provides the resources to further reflect upon and address these topics, as well as stimulate further discussions on religion and security matters across a range of different disciplines. Wide-ranging case studies consider Australia, China, Europe, the Kurdish people, Nigeria, Russia, Ukraine, the United Nations, and the United States. This book will appeal to students and scholars across a range of disciplines, including international relations, law, philosophy, political science, religious studies, security studies, and theology. It will also appeal to human rights lawyers, judges, NGO researchers, governmental agency specialists, and policy makers.