Religion and International Law

The Confucian View of World Order In writing about the Confucian view of world order , I am not describing a religious perspective . Confucianism is not a religion , although sometimes mistaken for one . At one time it was even sought ...

Author: Mark W. Janis

Publisher: Martinus Nijhoff Publishers

ISBN: 9041111743

Category: Political Science

Page: 513

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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.
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Permutations of Order

Bringing together case studies from around the world, this volume makes an innovative and important contribution to current discussions about the relationship between religion and law.

Author: Thomas G. Kirsch

Publisher: Ashgate Publishing, Ltd.

ISBN: 075467259X

Category: Law

Page: 269

View: 296

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This volume makes an important and innovative contribution to current discussions about the relationship between 'religion' and 'law' and brings together theoretically informed case studies from different parts of the world which relate to various types of politico-legal settings and religions. This volume also deals with contemporary legal/religious transfigurations that involve 'permutations', meaning that elements of 'legal' and 'religious' acts of ordering are at times repositioned within each realm and from one realm to the other. These permutations of order in part result from the fact that, in ethnographic settings like those examined here, 'legal' and 'religious' realms are relational to-and in certain cases even constitutive of-each other and they result in categoric transpositions and new social positionalities through which, among other things, 'the legal' and 'the religious' are blended. Permutations of Order is a work that transcends convention, identifies new and theoretically overarching themes and will be of strong interest to researchers and policy-makers seeking a comparative focus on the intersections and disjunctions of religion and law.
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Family Religion and Law

The Framework: European Legal Traditions How European Legal Orders Organise Unity in Diversity The primary aim of legal orders is to maintain peace in society by providing mechanisms for avoiding or resolving conflicts.

Author: Prakash Shah

Publisher: Routledge

ISBN: 9781317136484

Category: Law

Page: 260

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This collection discusses how official legal systems do and should respond to the reality of a plurality of family types and origins within their jurisdictions. It further examines the challenges that arise for practitioners, including lawyers and judges, when faced with such plurality. Focussing on empirical research, the volume presents legal and sociological data of unprecedented comparative depth. It also includes a discussion of how members of minority families respond to the need to organise their legal relationships, and to resolve their disputes in the shadow of official legal systems which differ from those of their familial and communal traditions. The work invites reflection, and demonstrates the urgency and complexity of the questions regarding the search for justice in the field of family life in Europe today.
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Religion Law and Tradition

As a result, they failed to develop a theory of natural law based on the natural order and to develop scientifically. In traditions where law is the product of a divine lawmaker or grounded in a transcendent religious order, ...

Author: Andrew Huxley

Publisher: Routledge

ISBN: 9781136132506

Category: Language Arts & Disciplines

Page: 208

View: 916

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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.
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Law and Religion in Ireland 1700 1970

The cause of the non-execution of the criminal laws against the religious orders may have had less to do with the reason that O'Connell predicted—the difficulty in establishing legally admissible proof—and more to do with the fact that ...

Author: Kevin Costello

Publisher: Springer Nature

ISBN: 9783030743734

Category:

Page:

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Religion Politics and Law

Philosophical Reflections on the Sources of Normative Order in Society Barend Christoffel Labuschagne, Reinhard W. Sonnenschmidt. PHILOSOPHICAL REFLECTIONS ON RELIGION, POLITICS AND LAW: AN INTRODUCTION Bart C. Labuschagne and Reinhard ...

Author: Barend Christoffel Labuschagne

Publisher: BRILL

ISBN: 9789004172074

Category: Social Science

Page: 453

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Exploring the pre-political en pre-legal spiritual infrastructure from which modern, liberal democracies in the West live, but cannot guarantee, this book inquires the relations between religion, politics and law from a philosophical perspective, discussing historical, systematical and practical issues.
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Law and Religion

THE SUPREME COURT OF JAPAN DECISION IN THE AUM SHINRIKYO CASE 30 January 1996 The Law purports to grant legal capability to religious organisations in order for these organisations to own and manage installations for rituals and other ...

Author: W. Cole Durham Jr.

Publisher: Wolters Kluwer

ISBN: 9781543807035

Category: Law

Page: 754

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Offering extensive international and comparative law materials, as well as discussion of key United States First Amendment cases, international experts Durham and Scharffs bring vision and scope to the study of Law and Religion. The text and its continually updated online Supplement support courses on Law and Religion, Church and State, International Human Rights, Comparative Constitutional Law, and First Amendment. New to the Second Edition: ¿ National: Recent U.S. court cases and legislative moves dealing with religion in conflict with anti- discrimination norms, including immigration; same-sex marriage; and conscientious objection by religious organizations, government officials, pharmacies, businesses (including “wedding vendors”) to providing products, services, and insurance benefits in violation of religious beliefs ¿ International: Landmark religion cases in Canada, Europe, and Asia involving such issues as women’s rights, law school accreditation, display of religious symbols and wearing of face coverings in public (including schools); persecution of religious minorities, including prosecution for blasphemy; discussion of new levels of and responses to religious extremism ¿ Comparative: Discussions across multiple jurisdictions of such issues as education, tax, government regulation of religion, and women’s issues, such as genital cutting (worldwide, including U.S.) and divorce (“triple talaq” in India, Shari’a arbitration in Canada, and Shari’a councils in the U.K.) Professors and students will benefit from: ¿ Traditional law and religion course coverage of U.S. materials, including the major Free Exercise and Establishment Clause cases ¿ Comparative law cases and materials reflecting more than fifty countries and regions, and which include corporal punishment; compelled patriotic observances; state funding of religions; autonomy of religious organizations to choose personnel and provide services; conscientious objection in the military and in personal, employment, and educational settings; parameters of speech regulation, including hate speech and speech that offends religious sensibilities; anti- conversion laws; the rights of women in tension with religious claims of exclusion and divorce practices; and much more ¿ International law materials, including: o Key international and regional human rights instruments; 87 cases from the European Court of Human Rights; and key decisions of the Court of Justice of the European Union and the United Nations Human Rights Committee o Cases covering issues such as the right to register religious associations; headscarves and face coverings; religious slaughter for kosher and halal foods; exemptions from church taxes; conscientious objection; proselytizing; religious oaths; church autonomy; religious education; and conflicts arising between religious freedom and other human rights (e.g., women's rights, rights of indigenous peoples, sexual minorities, and children's rights) o Responses from inside and outside the Muslim world to the rise of violent Islamist extremism ¿ Islamic, Christian, Jewish, Hindu, Buddhist, and other perspectives on freedom of religion, touching on defamation of religion; the new constitution of Iraq; religious political parties in Turkey; the definition of being Jewish for rights of citizenship in Israel; the right of Muslim and Hindu women to enter sacred space in India; death sentences and extra-judicial lynching for perceived violation of blasphemy laws in Pakistan; and reactions of governments, including the government of Russia, to perceived religious extremism
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Religion and Law in Finland

Penal Law and Religion §1. Legal Status of Clergy and Members of Religious Orders 813. There is in general no special status in Finnish (State) law for priests, ministers, and members of religious orders. In the major churches, ...

Author: Matti Kotiranta

Publisher: Kluwer Law International B.V.

ISBN: 9789403535036

Category: Religion

Page: 384

View: 152

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient resource provides systematic information on how Finland 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 Finland. 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.
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Religion and Legal Pluralism

Indeed, it is difficult to see how this could be assessed.40 To become a legal order (rather than a mere norm), ... She seems to use the term to describe all religious groups, observing that 'Jews, Christians and Muslims are the three ...

Author: Russell Sandberg

Publisher: Routledge

ISBN: 9781317068013

Category: Religion

Page: 300

View: 313

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In recent years, there have been a number of concerns about the recognition of religious laws and the existence of religious courts and tribunals. There has also been the growing literature on legal pluralism which seeks to understand how more than one legal system can and should exist within one social space. However, whilst a number of important theoretical works concerning legal pluralism in the context of cultural rights have been published, little has been published specifically on religion. Religion and Legal Pluralism explores the extent to which religious laws are already recognised by the state and the extent to which religious legal systems, such as Sharia law, should be accommodated.
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Law State and Religion in Bosnia and Herzegovina

violation of equality of citizens,141 obstruction or prevention of religious rites,142 that is, denial of freedom of ... As can be noticed, the concept of “public order” has been omi ed, and elsewhere in the text of the law it has been ...

Author: Nedim Begović

Publisher: Routledge

ISBN: 9781000516364

Category: Law

Page: 200

View: 991

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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.
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