Religious Symbols And The Intervention Of The Law

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Religious Symbols and the Intervention of the Law

Sylvie Bacquet
Religious Symbols and the Intervention of the Law Book PDF

Author : Sylvie Bacquet
Publisher : Routledge
Page : 215 pages
File Size : 54,9 Mb
Release : 2019-06-11
Category : Law
ISBN : 9781317357315

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Religious Symbols and the Intervention of the Law by Sylvie Bacquet Pdf

In contemporary pluralist states, where faith communities live together, different religious symbols and practices have to coexist. This may lead to conflicts between certain minority practices and the dominant majority, particularly around the manifestation of belief in the public domain which may be seen both by the religious and secular majorities as a threat to their cultural heritage or against the secular values of the host country. The law has to mitigate those tensions in order to protect the public from harm and preserve order but in doing so, it may where necessary have to limit citizens’ ability to freely manifest their religion. It is those limitations that have been disputed in the courts on grounds of freedom of religion and belief. Religious symbols are often at the heart of legal battles, with courts called upon to consider the lawfulness of banning or restricting certain symbols or practices. This book analyses the relationship between the state, individuals and religious symbols, considering the three main forms of religious expression, symbols that believers wear on their body, symbols in the public space such as religious edifices and rituals that believers perform as a manifestation of their faith. The book looks comparatively at legal responses in England, the U.S.A and France comparing different approaches to the issues of symbols in the public sphere and their interaction with the law. The book considers religious manifestation as a social phenomenon taking a multidisciplinary approach to the question mixing elements of the anthropology, history and sociology of religion in order to provide some context and examine how this could help inform the law.

The Right to Wear Religious Symbols

D. Hill,D. Whistler
The Right to Wear Religious Symbols Book PDF

Author : D. Hill,D. Whistler
Publisher : Springer
Page : 128 pages
File Size : 49,5 Mb
Release : 2013-10-01
Category : Political Science
ISBN : 9781137354174

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The Right to Wear Religious Symbols by D. Hill,D. Whistler Pdf

Clearly presenting the case-law concerning Article 9 of the European Convention of Human Rights, this is a lively and accessible analysis of a key issue in contemporary society: whether there is a human right to wear a religious symbol and how far any such right extends.

Law and the Wearing of Religious Symbols

Erica Howard
Law and the Wearing of Religious Symbols Book PDF

Author : Erica Howard
Publisher : Routledge
Page : 235 pages
File Size : 50,7 Mb
Release : 2013-06-17
Category : Education
ISBN : 9781136592119

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Law and the Wearing of Religious Symbols by Erica Howard Pdf

Written in accessible language, Law and the Wearing of Religious Symbols is a comprehensive analysis of a topical subject that is being widely debated across Europe. The book provides an overview of emerging case law from the European Court of Human Rights as well as from national courts and equality bodies in European countries on the wearing of religious symbols in educational settings. The author persuasively argues that bans on the wearing of religious symbols in educational institutions in Europe constitutes a breach of an individual’s human rights and contravenes existing anti-discrimination legislation. The book offers a discussion of developments in Europe, including the French ban on Islamic head scarves which came into force in April 2011. In addition to an in depth examination of recent bans, the book also assess the arguments used for imposing them as well as the legal claims that can potentially be made to challenge their validity. In doing this, the book will go beyond merely analysing the bans in place to suggest ways in which educational institutions can most fairly respond to requests for accommodation of the wearing of religious symbols and whether perhaps the adoption of other provisions or measures are necessary in order to improve the present situation. This book will be of particular interest to students and academics in the disciplines of law, human rights, political science, sociology and education, but will also be of considerable value to policy makers and educators as well.

The Troubled Relationship Between Religions and the State

Andras Koltay
The Troubled Relationship Between Religions and the State Book PDF

Author : Andras Koltay
Publisher : Oxford Legal Publishing
Page : 314 pages
File Size : 53,9 Mb
Release : 2021-12-24
Category : Electronic
ISBN : 1912142376

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The Troubled Relationship Between Religions and the State by Andras Koltay Pdf

The issues discussed in this book all stand at the crossroads of freedom of speech and freedom of religion. In some cases, the two rights clash when somebody practising their right to freedom of speech affects others' rights to freedom of religion, as in instances of blasphemy and hate speech. In other cases, the two rights, reinforcing one another, together provide protection for the individual. Not even this joint protection, however, is always sufficient to prevent state intervention, for example, the restriction of rights in wearing religious symbols or religious advertising rules. A question of a third type is when the state, or a state body, enters the public space and becomes the 'speaker' on matters of religion, in which case the state might be subject to special restrictions. Although their ideological and constitutional foundations seem stable, the extent of freedom of religion and freedom of speech have repeatedly been the subject of public debates because of social and political changes in a dynamically transforming Europe. Identifying the precise demarcation lines between these rights by means of the law is not a task that has been accomplished completely or for all time. The increasing rate of immigration, with a resulting involuntary cohabitation of various religious cultures, as well as the continual weakening of the Christian character of the continent make it critical to find the right responses to the questions discussed in this book, both in the individual European legal systems and at the level of the European community of states and of the European system of protecting human rights. The first and second chapters of the book discuss the appearance of religions in the public sphere and in public education. Traditionally, the state is not a subject of fundamental rights, and yet it takes a position on questions relating to religion, which-no matter how we explain it-is a type of 'speech'. This raises the question of how such speech can be restricted, or 'where are the limits on the "freedom of speech" of the state'? The role of the state might be to defend or even shape the community identity of its citizens. Chapters 3 and 4 discuss the restriction of opinions with religious content. Chapter 3 analyses the restrictions on wearing symbols and clothing imposed by both the state and private entities, whereas Chapter 4 discusses the regulation of publishing religious advertisements in the media. Unlike the issues related predominantly to Christianity discussed in the first two chapters, the questions of wearing symbols and clothing also involve the restrictions of opinions expressed by followers of Islam. Chapter 5 of the book is dedicated to questions relating to defamation of religions and blasphemy. The topicality and significance of these issues became obvious after the tragic events in Paris on January 2015, where many were killed in an attack against the editorial offices of the magazine Charlie Hebdo. The books touches upon certain types of conduct which are rooted in religious conviction and may have legal consequences, but which, in the absence of an expressive content, do not belong to the sphere of freedom of speech. Examples of this include doctors refusing to carry out an abortion, or registrars unwilling to administer the marriage of same-sex couples. since we do not regard such types of conduct as relating to the freedom of speech, they are not discussed in this book. Andras Koltay's seminal monograph tackles these and other issues. It is a magisterial work, possibly the best exposition of the subject available today.

Law and the Wearing of Religious Symbols in Europe

Erica Howard
Law and the Wearing of Religious Symbols in Europe Book PDF

Author : Erica Howard
Publisher : Routledge
Page : 415 pages
File Size : 45,6 Mb
Release : 2019-09-23
Category : Law
ISBN : 9780429603792

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Law and the Wearing of Religious Symbols in Europe by Erica Howard Pdf

Written in accessible language, this book provides a comprehensive analysis of a topical subject that is being widely debated across Europe. The work presents an overview of emerging case law from the European Court of Human Rights and the Court of Justice of the European Union, as well as from national courts and equality bodies in European countries, on the wearing of religious symbols in public spaces. The author persuasively argues that bans on the wearing of religious symbols constitutes a breach of an individual’s human rights and contravene existing anti-discrimination legislation. Fully updated to take account of recent case law, this second edition has been expanded to consider bans in public spaces more generally, including employment, an area where some of the recent developments have taken place.

Freedom of Religion. A Comparative Law Perspective

Grzegorz Blicharz
Freedom of Religion A Comparative Law Perspective Book PDF

Author : Grzegorz Blicharz
Publisher : Wydawnictwo Instytutu Wymiaru Sprawiedliwości
Page : 226 pages
File Size : 41,6 Mb
Release : 2019
Category : Law
ISBN : 9788366344143

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Freedom of Religion. A Comparative Law Perspective by Grzegorz Blicharz Pdf

Freedom of Religion. A Comparative Law Perspective consists of five chapters, looking at freedom of religion, particularly the display of religious symbols, in Poland, Italy, Hungary, and the United States. It provides a concise and very insightful look into the legal regimes of four nations, allowing reader to get a solid comparative view of public religious displays in these countries. Each chapter has sufficient depth and overall this edited volume will be a useful resource to scholars and jurists in this area. Dr. James C. Phillips, Stanford University’s Constitutional Law Center The presented volume leads to an in-depth reflection on the issue of the display of religious symbols in the public sphere, which is widely discussed today. Most of the articles prove that secularism of the contemporary state ruled by law targets Christian symbolism (cross, cradle, the Decalogue). Christian religious symbols shall always be inscribed in the temporal order, otherwise they have no chance to be displayed in the public sphere. In this way, the rights of Catholic believers, as one of the dominant religious groups, are restricted in the name of the protection of religious and areligious minorities. As a result, the aim is to bring about the actual equality of all religions and – ultimately – the final removal of the Christian tradition from Western culture. Against this background, Polish (as well as Hungarian and Italian) judicial decisions present a different approach, which – as the authors of the volume prove – presents a position in favour of the presence of religious symbolism in the public sphere. The multifaceted evaluation of the inconsistency, casuistry and nuance of the jurisprudence of the US Supreme Court is extremely creative and interesting. It allows to conclude that the jurisprudence of the US Supreme Court, which usually limits the presence of religious symbols in the public forum, has not yet become universally binding. The pluralism of philosophical and religious attitudes still constitutes the axiological core of American democracy. Prof. dr hab. Andrzej Dziadzio, Jagiellonian University in Kraków

Symbols of the Sacred

Louis K. Dupré
Symbols of the Sacred Book PDF

Author : Louis K. Dupré
Publisher : Wm. B. Eerdmans Publishing
Page : 144 pages
File Size : 43,5 Mb
Release : 2000
Category : Art
ISBN : 080284748X

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Symbols of the Sacred by Louis K. Dupré Pdf

Symbols of the Sacred gathers four classic essays by Louis Dupr on the role of symbols in our understanding of the sacred and on their fundamental importance to religious consciousness. A leading philosopher of religion, Dupr here discusses the nature of religious symbols, the importance of language for capturing symbolic meaning, the ancient link between art and expressions of the sacred, and the vital relationship between religious symbol and myth. The volume concludes with a powerful reflection on the innate capacity of human minds to grasp the transcendent. Elegantly expressed, conversant with a wide range of thinkers, and marked by a lifetime of reflection on the subject, Symbols of the Sacred offers profound insights into the religious dimension of human life.

Law, State and Religion in Bosnia and Herzegovina

Nedim Begović,Emir Kovačević
Law State and Religion in Bosnia and Herzegovina Book PDF

Author : Nedim Begović,Emir Kovačević
Publisher : Routledge
Page : 169 pages
File Size : 50,7 Mb
Release : 2021-12-28
Category : Law
ISBN : 9781000516364

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Law, State and Religion in Bosnia and Herzegovina by Nedim Begović,Emir Kovačević Pdf

This book explores relations between state, religion and law in Bosnia and Herzegovina. Historically, multi-religiousness has been a constant feature of the Bosnian polity, from its creation in 12th century until modern times. Since the middle of the 19th Century, Catholics have tended to self-identify as Croats, Orthodox Christians as Serbs, and Muslims as Bosniaks. Moreover, in a region that has undergone significant recent transformation, from the communist to the liberal political system, Bosnia and Herzegovina represents a very interesting case for the study of the relationship between state and religion. This book includes a short overview of historical aspects of these relations and a detailed analysis of the existing constitutional and legal framework on freedom of religion and relations between the state and religious communities. It assesses the actual implementation in practice, including the relevant national courts’ case-law. The work covers both the developments of new legal standards, while also identifying the main obstacles in their implementation. At a time when the region is again the subject of much interest, this book will be essential reading for those working in the areas of Law and Religion, Constitutional Law and Transitional Justice.

Manual on the Wearing of Religious Symbols in Public Areas

Malcolm David Evans,Anne Weber
Manual on the Wearing of Religious Symbols in Public Areas Book PDF

Author : Malcolm David Evans,Anne Weber
Publisher : Yearbook of the European Conve
Page : 484 pages
File Size : 47,6 Mb
Release : 2010
Category : Law
ISBN : UCSD:31822030221519

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Manual on the Wearing of Religious Symbols in Public Areas by Malcolm David Evans,Anne Weber Pdf

This volume contains two manuals in both English and French on the topic of the wearing of religious symbols in public areas (written by Malcolm Evans) and hate speech (written by Anne Weber). The manuals fall within the scope of the Committee of Experts for the Development of Human Rights, and were prepared under the authority of the Steering Committee for Human Rights, as part of its work on human rights in a multicultural society. They were launched during the conference "Human Rights in culturally diverse societies: Challenges and perspectives" which was organised by the Council of Europe in The Hague, The Netherlands.

Religion and the Exercise of Public Authority

Benjamin L Berger,Richard Moon
Religion and the Exercise of Public Authority Book PDF

Author : Benjamin L Berger,Richard Moon
Publisher : Bloomsbury Publishing
Page : 224 pages
File Size : 47,5 Mb
Release : 2016-06-16
Category : Law
ISBN : 9781509906482

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Religion and the Exercise of Public Authority by Benjamin L Berger,Richard Moon Pdf

In the burgeoning literature on law and religion, scholarly attention has tended to focus on broad questions concerning the scope of religious freedom, the nature of toleration and the meaning of secularism. An under-examined issue is how religion figures in the decisions, actions and experiences of those charged with performing public duties. This point of contact between religion and public authority has generated a range of legal and political controversies around issues such as the wearing of religious symbols by public officials, prayer at municipal government meetings, religious education and conscientious objection by public servants. Authored by scholars from a variety of disciplines, the chapters in this volume provide insight into these and other issues. Yet the volume also provides an entry point into a deeper examination of the concepts that are often used to organise and manage religious diversity, notably state neutrality. By examining the exercise of public authority by individuals who are religiously committed – or who, in the discharge of their public responsibilities, must account for those who are – this volume exposes the assumptions about legal and political life that underlie the concept of state neutrality and reveals its limits as a governing ideal.

Rethinking Law and Religion

Russell Sandberg
Rethinking Law and Religion Book PDF

Author : Russell Sandberg
Publisher : Edward Elgar Publishing
Page : 261 pages
File Size : 49,7 Mb
Release : 2024-06-05
Category : Law
ISBN : 9781800886193

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Rethinking Law and Religion by Russell Sandberg Pdf

This incisive book delineates the development of Law and Religion as a sub-discipline, critically reflecting on the author’s own role in constructing the field. It develops a subversive social systems theory in order to take both law and religion seriously and to challenge them equally.

Law and Religion in the 21st Century

Dr Rinaldo Cristofori,Professor Silvio Ferrari
Law and Religion in the 21st Century Book PDF

Author : Dr Rinaldo Cristofori,Professor Silvio Ferrari
Publisher : Ashgate Publishing, Ltd.
Page : 406 pages
File Size : 41,8 Mb
Release : 2013-02-28
Category : Religion
ISBN : 9781409497332

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Law and Religion in the 21st Century by Dr Rinaldo Cristofori,Professor Silvio Ferrari Pdf

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.

Religious Symbols in Public Functions

Hana M. A. E. van Ooijen
Religious Symbols in Public Functions Book PDF

Author : Hana M. A. E. van Ooijen
Publisher : Intersentia NV
Page : 0 pages
File Size : 50,6 Mb
Release : 2012
Category : England
ISBN : 1780681194

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Religious Symbols in Public Functions by Hana M. A. E. van Ooijen Pdf

Religious symbols are loaded with meaning, not only for those who display them. They have generated controversy in many circles, be they religious or secular, public or private, and within or outside academia. Debate has taken place throughout Europe and beyond, at times leading to limitations or bans of religious symbols. While this debate might seem whimsical in occasional flare-ups, it merits closer scrutiny, precisely because it is part of a long-running debate that crosses boundaries and touches upon larger underlying questions. This book singles out a particularly contentious issue: religious symbols in public functions, focusing on the judiciary, the police, and public education. It is often argued that public officials in these functions should be 'neutral, ' which consequently implies that they cannot display religious symbols. The book unravels this line of thought to the core. It disentangles the debate as it has been conducted in the Netherlands, and it studies the concept of state neutrality in depth. Furthermore, the book appraises the arguments put forward against the background of three contexts: the European Convention on Human Rights, France, and England. It critically questions whether State neutrality can necessitate and/or even justify limitations on the freedom of public officials to display religious symbols. (Series: School of Human Rights Research - Vol. 58

The Transition of Religion to Culture in Law and Public Discourse

Lori G. Beaman
The Transition of Religion to Culture in Law and Public Discourse Book PDF

Author : Lori G. Beaman
Publisher : Unknown
Page : 182 pages
File Size : 43,7 Mb
Release : 2020
Category : Law
ISBN : 1003007317

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The Transition of Religion to Culture in Law and Public Discourse by Lori G. Beaman Pdf

"This book explores the recent trend toward the transformation of religious symbols and practices into culture in Western democracies. Analyses of three legal cases involving religion in the public sphere are used to illuminate this trend: a municipal council chamber; a town hall; and town board meetings. Each case involves a different national context-Canada, France, and the United States-and each illustrates something interesting about the shape-shifting nature of religion, specifically its flexibility and dexterity in the face of the secular, the religious, and the plural. Despite the differences in national contexts, in each instance religion is transformed into culture or heritage by the courts to justify or excuse its presence and to distance the state from the possibility that it is violating legal norms of distance from religion. The cultural practice or symbol is represented as a shared national value or activity. Transforming the 'Other' into 'Us' through reconstitution is also possible. Finally, anxiety about the 'Other' becomes part of the story of rendering religion as culture, resulting in the impugning of anyone who dares to question the putative shared culture"--

The Troubled Relationship Between Religions and the State

András Koltay
The Troubled Relationship Between Religions and the State Book PDF

Author : András Koltay
Publisher : Unknown
Page : 314 pages
File Size : 42,8 Mb
Release : 2017
Category : Law
ISBN : 191214204X

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The Troubled Relationship Between Religions and the State by András Koltay Pdf

" ... discusses the legal debates surrounding the use of religious symbols in schools, public places and media advertising, the freedom of the state in integrating religious studies in public education, the limitations on wearing religious clothing and symbols and the restriction of blasphemy laws"--Publisher's website.