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| Author | : C. Decaro Bonella |
| Publisher | : |
| Total Pages | : |
| Release | : 2014 |
| Genre | : Religion |
| ISBN | : 9788868560188 |
| Author | : Kyriaki Topidi |
| Publisher | : Routledge |
| Total Pages | : 338 |
| Release | : 2016-06-10 |
| Genre | : Law |
| ISBN | : 1317067665 |
This volume shows how and why legal empowerment is important for those exercising their religious rights under various jurisdictions, in conditions of legal pluralism. At the same time, it also questions the thesis that as societies become more modern, they also become less religious. The authors look beyond the rule of law orthodoxy in their consideration of the freedom of religion as a human right and place this discussion in a more plurality-sensitive context. The book sheds more light on the informal and/or customary mechanisms that explain the limited impact of law on individuals and groups, especially in non-Western societies. The focus is on discussing how religion and the exercise of religious rights may or may not empower individuals and social groups and improve access to human rights in general. This book is important reading for academics and practitioners of law and religion, religious rights, religious diversity and cultural difference, as well as NGOs, policy makers, lawyers and advocates at multicultural jurisdictions. It offers a contemporary take on comparative legal studies, with a distinct focus on religion as an identity marker.
| Author | : Lori G. Beaman |
| Publisher | : UBC Press |
| Total Pages | : 201 |
| Release | : 2008-07-01 |
| Genre | : Political Science |
| ISBN | : 0774858206 |
A powerful examination of the governance of a religious citizen and of the limits of religious freedom, this book demonstrates that the stakes in debates on religious freedom are not just about beliefs and practices but also have implications for the construction of citizenship in a diverse nation. Lori Beaman looks at the case of Jehovah’s Witness Bethany Hughes who was denied her right to refuse treatment on the basis of her religious conviction, reflecting a particular moment in the socio-legal treatment of religious freedom and reveals the specific intersection of religious, medical, legal, and other discourses in the governance of the religious citizen.
| Author | : Elizabeth A. Clark |
| Publisher | : Kluwer Law International |
| Total Pages | : 0 |
| Release | : 2016 |
| Genre | : Church and state |
| ISBN | : 9789041167644 |
Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient resource provides systematic information on how the USA 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 the USA. 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 | : Nadirsyah Hosen |
| Publisher | : Routledge |
| Total Pages | : 301 |
| Release | : 2011-04-27 |
| Genre | : Law |
| ISBN | : 1136725830 |
With religion at centre stage in conflicts worldwide, and in social, ethical and geo-political debates, this book takes a timely look at relations between law and religion. To what extent can religion play a role in secular legal systems? How do peoples of various faiths live successfully by both secular laws as well as their religious laws? Are there limits to freedom of religion? These questions are related to legal deliberations and broader discussions around secularism, multiculturalism, immigration, settlement and security. The book is unique in bringing together leading scholars and respected religious leaders to examine legal, theoretical, historical and religious aspects of the most pressing social issues of our time. In addressing each other’s concerns, the authors ensure accessibility to interdisciplinary and non-specialist audiences: scholars and students in social sciences, human rights, theology and law, as well as a broader audience engaged in social, political and religious affairs. Five of the book’s thirteen chapters address specific contemporary issues in Australia, one of the most ethnically diverse countries in the world and a pioneer of multicultural policies. Australia is a revealing site for contemporary studies in a world afraid of immigration and terrorism. The other chapters deal with political, legal and ethical issues of global significance. In conclusion, the editors propose increasing dialogue with and between religions. Law may intervene in or guide such dialogue by defending the free exchange of religious ideas, by adjudicating disputes over them, or by promoting a civil society that negotiates, rather than litigates.
| Author | : Natascia Marchei |
| Publisher | : Taylor & Francis |
| Total Pages | : 212 |
| Release | : 2024-05-27 |
| Genre | : Law |
| ISBN | : 1040032095 |
This collection addresses many of the issues arising from the management of religious and cultural diversity in a multicultural society and refers to the complex relationship between the right to religious freedom and security. In recent decades, and particularly since September 2001, the right to religious freedom, which has hitherto been widely protected, has come up against a significant challenge in terms of security, or rather, in the subjectively and publicly perceived feelings of security. This book collects original theoretical, legal and comparative contributions addressing several implications for the right to freedom of religion or belief through the lens of security. It offers a new key to understanding how to manage the processes of integration of religious diversity in multifaith societies. Written by leading experts in the area, the work reveals the importance of avoiding simplistic conclusions and unfounded prejudices about religious freedom, and of limiting restrictive or repressive interventions to situations of genuine danger. The book will be an essential resource for researchers, academics and policy-makers working in the areas of Law and Religion, Human Rights Law and Security Studies.
| Author | : Arvind Sharma |
| Publisher | : Springer |
| Total Pages | : 264 |
| Release | : 2012-09-20 |
| Genre | : Philosophy |
| ISBN | : 9789400736986 |
The concept of religious freedom is the favoured modern human rights concept, with which the modern world hopes to tackle the phenomenon of religious pluralism, as our modern existence in an electronically shrinking globe comes to be increasingly characterised by this phenomenon. To begin with, the concept of religious freedom, as embodied in Article 18 of the Universal Declaration of Human Rights, seems self-evident in nature. It is the claim of this book, however, that although emblematic on the one hand, the concept is also problematic on the other, and the implications of the concept of religious freedom are far from self-evident, despite the ready acceptance the term receives as embodying a worthwhile goal. This book therefore problematizes the concept along legal, constitutional, ethical and theological lines, and especially from the perspective of religious studies, so that religious freedom in the world could be enlarged in a way which promotes human flourishing.
| Author | : W. Cole Durham Jr |
| Publisher | : Routledge |
| Total Pages | : 0 |
| Release | : 2022-08 |
| Genre | : Freedom of religion |
| ISBN | : 9780367704469 |
This book examines major conceptual challenges confronting freedom of religion or belief in contemporary settings. It will be a valuable resource for students, academics, and policy-makers with an interest in law, religion, and human rights.
| Author | : Rex J. Ahdar |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 454 |
| Release | : 2005 |
| Genre | : Law |
| ISBN | : |
There is a growing recognition of the challenge that religions pose for pluralist, multicultural democracies. 'Fundamentalist' beliefs and practices test the limits of religious freedom, and seem to contradict the very basis on which liberal states protect religious liberty. Religions,moreover, are often associated with intolerance and persecution, yet insist upon religious liberty for themselves. This book inverts these stereotypes by presenting a sustained critique of how religious liberty ought to be understood in liberal legal systems and develops an alternative, Christianresponse.In Part One the prevailing liberal approach to religious freedom is compared with historic and contemporary understandings developed by Christian theorists, and an alternative principled basis for religious liberty, from a distinctively Christian position, is developed. Part Two analyses thevariety of stances the liberal state may take towards organised religions, and explains the nature of the guarantees for religious freedom in domestic and international law. The difficult question of precisely when and how far religious liberty should be limited is carefully analysed. Part Threedeals with concrete contemporary controversies involving the recognition and protection of religious beliefs and conduct, looking at issues such as family and parenting, medical treatment, education, employment, religious group autonomy, and freedom of expression and protest. Extensive reference is made throughout the analysis to UK law and the European Convention on Human Rights, also the laws of other jurisdictions such as the US, Canada, South Africa, Australia and New Zealand, making this a wide-ranging, timely, and thoughtful examination of a perplexing contemporarycontroversy.
| Author | : Francesco Alicino |
| Publisher | : Taylor & Francis |
| Total Pages | : 215 |
| Release | : 2023-04-07 |
| Genre | : Law |
| ISBN | : 1000863034 |
This book outlines the legal status of Muslims in Italy. In particular, it highlights that, when it comes to Islam, the Italian legal system exacerbates the dilemma of contemporary constitutional democracies, increasingly caught between the principle of equality and the right to have rights, which implies the respect of diversity. It provides readers with a deep understanding of how domestic and external socio-political factors may muddle the interpretation of Italy’s constitutional provisions, starting with those relating to state secularism and religious freedom. It is argued that today, as never before, these provisions are torn between the principle of equality and the right to be different. This situation has been exacerbated by incessant states of emergency, from immigration to religion-inspired terrorism, in light of which the presence of Islam in the peninsula has been highly politicized. Italy’s experience on the legal status of Muslims provides an interesting case study and, as such, a valuable source of empirical information for a functioning and pluralistic constitutional democracy, especially when dealing with conditions of fear and insecurity. The book will be of interest to researchers, academics, and policy-makers working in the areas of law and religion, constitutional law, comparative law, and human rights.
