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"Religion and law."
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The juridification of religion?
In 'Juridification of Religion?' Helge Årsheim and Pamela Slotte explore the extent to which developments currently taking place at the interface between law and religion in domestic, regional and international law can be conceptualized as instances of larger, multidimensional processes of juridification. The book relies on an expansive notion of juridification, departing from the narrower sense of juridificiation as the gradually increasing ?colonization of the lifeworld? proposed by Jürgen Habermas in his 'Theory of Communicative Action' (1987). More specifically, the book adapts the multidimensional notion of juridification outlined by Anders Molander and Lars Christian Blichner (2008), developing it into a more context-specific notion of juridification that is attendant to the specific nature of religion as a subject matter for law.
Book
Fictions of Justice
By taking up the challenge of documenting how human rights values are embedded in rule of law movements to produce a new language of international justice that competes with a range of other formations, this book explores how notions of justice are negotiated through everyday micropractices and grassroots contestations of those practices. These micropractices include speech acts that revere the protection of international rights, citation references to treaty documents, the brokering of human rights agendas, the rewriting of national constitutions, demonstrations of religiosity that make explicit the piety of religious subjects, and ritual practices of forgiveness that involve the invocation of ancestral religious cosmologies - all practices that detail the ways that justice is made real.
eBook
Human Rights under State-Enforced Religious Family Laws in Israel, Egypt and India
About one-third of the world's population currently lives under pluri-legal systems where governments hold individuals subject to the purview of ethno-religious rather than national norms in respect to family law. How does the state-enforcement of these religious family laws impact fundamental rights and liberties? What resistance strategies do people employ in order to overcome the disabilities and limitations these religious laws impose upon their rights? Based on archival research, court observations and interviews with individuals from three countries, Yüksel Sezgin shows that governments have often intervened in order to impress a particular image of subjectivity upon a society, while people have constantly challenged the interpretive monopoly of courts and state-sanctioned religious institutions, re-negotiated their rights and duties under the law, and changed the system from within. He also identifies key lessons and best practices for the integration of universal human rights principles into religious legal systems.
eBook
Islam and English Law
Former Archbishop of Canterbury Rowan Williams triggered a storm of protest when he suggested that some accommodation between British law and Islam's shari'a law was 'inevitable'. His foundational lecture introduced a series of public discussions on Islam and English Law at the Royal Courts of Justice and the Temple Church in London. This volume combines developed versions of these discussions with new contributions. Theologians, lawyers and sociologists look back on developments since the Archbishop spoke and forwards along trajectories opened by the historic lecture. The contributors provide and advocate a forward-looking dialogue, asking how the rights of all citizens are honoured and their responsibilities met. Twenty specialists explore the evolution of English law, the implications of Islam, shari'a and jihad and the principles of the European Convention on Human Rights, family law and freedom of speech. This book is for anyone interested in the interaction between religion and secular society.
eBook
Separating church and state : a history
Steven K. Green, renowned for his scholarship on the separation of church and state, charts the career of the concept and helps us understand how it has fallen into disfavor with many Americans.
In 1802, President Thomas Jefferson distilled a leading idea in the early American republic and wrote of a wall of separation between church and state. That metaphor has come down from Jefferson to twenty-first-century Americans through a long history of jurisprudence, political contestation, and cultural influence. This book traces the development of the concept of separation of church and state and the Supreme Court's application of it in the law.
Green finds that conservative criticisms of a separation of church and state overlook the strong historical and jurisprudential pedigree of the idea. Yet, arguing with liberal advocates of the doctrine, he notes that the idea remains fundamentally vague and thus open to loose interpretation in the courts. As such, the history of a wall of separation is more a variable index of American attitudes toward the forces of religion and state.
Indeed, Green argues that the Supreme Court's use of the wall metaphor has never been essential to its rulings. The contemporary battle over the idea of a wall of separation has thus been a distraction from the real jurisprudential issues animating the contemporary courts.
eBook
Public and Private in Ancient Mediterranean Law and Religion
The public/private distinction is fundamental to modern theories of the family, religion and religious freedom, and state power, yet it has had different salience, and been understood differently, from place to place and time to time. The volume brings together essays from an international array of experts in law and religion, in order to examine the public/private distinction in comparative perspective. The essays focus on the cultures and religions of the ancient Mediterranean, in the formative periods of Greece and Rome and the religions of Judaism, Christianity and Islam. Particular attention is given to the private exercise of religion, the relation between public norms and private life, and the division between public and private space and the place of religion therein.
eBook