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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.
Religious law and legislation. --- Religion and law. --- Comparative law. --- Church and state. --- Christianity and state --- Separation of church and state --- State and church --- State, The --- Comparative jurisprudence --- Comparative legislation --- Jurisprudence, Comparative --- Law, Comparative --- Legislation, Comparative --- Law --- Law and religion --- Religious aspects --- Religious law and legislation --- Religion and law --- Comparative law --- Church and state
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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.
Law. --- Religion. --- Private international law. --- Conflict of laws. --- International law. --- Comparative law. --- Constitutional law. --- Human rights. --- Religion and culture. --- Private International Law, International & Foreign Law, Comparative Law. --- Sociology of Culture. --- Human Rights. --- Constitutional Law. --- Religious Studies, general. --- International law --- Moral and ethical aspects. --- Private International Law, International & Foreign Law, Comparative Law . --- Constitutional law --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Public law --- Administrative law --- Religion, Primitive --- Atheism --- God --- Irreligion --- Religions --- Theology --- Interpretation and construction --- Culture. --- Basic rights --- Civil rights (International law) --- Human rights --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Cultural sociology --- Culture --- Sociology of culture --- Civilization --- Popular culture --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity --- Law and legislation --- Social aspects --- Civil law
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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.
Religion and law. --- Conflict of laws. --- International law. --- Comparative law. --- Constitutional law. --- Human rights. --- Religion and culture. --- Religion et droit --- Droit international privé --- Droit international --- Droit comparé --- Droit constitutionnel --- Droits de l'homme --- Religion et culture --- Droit international privé --- Droit comparé
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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.
Religious studies --- Sociology of culture --- Comparative law --- International private law --- International law --- Human rights --- Public law. Constitutional law --- Law --- Didactics of religion --- mensenrechten --- sociologie --- rechtsvergelijking --- cultuur --- recht --- godsdienst --- internationaal recht --- grondrechten --- internationaal privaatrecht --- staatsrecht --- grondwet
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Freedom of religion is an issue of universal interest and scope. However, in the last two centuries at least, the philosophical, religious and legal terms of the question have been largely defined in the West. In an increasingly global world, widening our knowledge of this right's roots in different cultural and legal systems becomes a priority. This Handbook seeks to attain this goal through a better understanding of the historical roots and expressions of the right to freedom of religion on the one hand and, on the other, of its theological background in different religious traditions. History and theology provide the setting for the analysis of the politics of freedom of religion, that is, how this right is used in the context of the dialogue/confrontation between countries placed in different cultural regions of the world, and of the legal strategies and tools that have been developed and are employed to protect and foster the right to freedom of religion. Behind these legal and political strategies there is an ongoing debate about the nature of this right, whose main features are explored in the final section. Global, historical and interdisciplinary in approach, this book studies the new relevance of freedom of religion worldwide and develops suitable categories to analyze and understand the role that freedom of religion can play in managing religious and cultural diversity in our societies. Authored by experts, through the contributions collected in these chapters, scholars and students will be able to broaden and deepen their knowledge of the right to freedom of religion and to develop the ability to go beyond the borders of the different cultural environments in which this right took shape and developed.
Freedom of religion (International law) --- Freedom of religion. --- Religious tolerance. --- Religion and law. --- Religious studies --- Sociology of religion --- History of the law --- Human rights --- History of civilization
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"What constitutes the core values, tenets, cultural, historic, and ideological parameters of secularism in international contexts? In twelve chapters, this edited work examines current tensions in liberal secular states where myriad rights and freedoms compete regarding education, healthcare, end-of-life choices, clothing, sexual orientation, reproduction, and minority interests. It explores the legal complexity of defining a 'religion' through judicial decisions and scrutinises Christianity, Hinduism and Islam's relative success in accommodating religious pluralism. Part One explores the religious practice and persecution nexus, COVID-19's effect on religious freedom, religious education, burqas/headscarves, and religious culture in civil law. Part Two explores the constitutional principle of secularism in Member States of the Council of Europe, US Religious Clauses, and religious freedom in South Africa, UK, Australia, and India"--
Freedom of religion (International law) --- Freedom of religion. --- Religion and state. --- Secularism. --- Religion and law. --- Law --- Law and religion --- Ethics --- Irreligion --- Utilitarianism --- Atheism --- Postsecularism --- Secularization (Theology) --- State and religion --- State, The --- Freedom of religion --- Freedom of worship --- Intolerance --- Liberty of religion --- Religious freedom --- Religious liberty --- Separation of church and state --- Freedom of expression --- Liberty --- Religious liberty (International law) --- International law --- Religious aspects --- Law and legislation
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