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Book
Private law : key encounters with public law
Authors: ---
ISBN: 9781139856478 9781107039117 9781461953814 1461953812 1139856472 1107039118 1139894668 110750256X 1316642291 1107506506 1107496993 1107503779 1107516897 110751410X 1306211956 Year: 2013 Publisher: Cambridge : Cambridge University Press,

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Abstract

The relationship between private and public law has long been the focus of critical attention, but recent years have seen the growing influence upon private law of statutory intervention, public regulation, corporate globalisation and constitutional and international human rights norms. Such developments increasingly call into question the capacity of private law reasoning to operate in isolation from public institutions and goals. Commencing with three contrasting visions of the nature and importance of distinctions between public and private in the modern day, this book traces a number of encounters between private law and 'public' values in key areas of private law doctrine, such as charity law, commercial law, tort law and class actions, across several jurisdictions. It examines the influence within these fields of public concepts and goals, such as behavioural modification, accountability and anti-discrimination norms, as well as the (reverse) influence that private law has upon ('public') human rights jurisprudence.


Book
Law and religion in the liberal state
Authors: ---
ISBN: 9781509926336 150992633X 9781509926343 9781509926350 1509926356 9781509926367 1509926348 1509926356 1509943846 1509926364 Year: 2020 Publisher: Oxford: Hart,

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The relationship between law and religion is evident throughout history. They have never been completely independent from each other. There is no doubt that religion has played an important role in providing the underlying values of modern laws, in setting the terms of the relationship between the individual and the state and in demanding a space for the variety of intermediate institutions which stand between individuals and the state. However, the relationships between law and religion and the state and religious institutions differ significantly from one modern state to another. There is not one liberalism but many. This work brings together reflections upon the relationship between religion and the law from the perspectives of different sub-traditions within the broader liberal project and in light of some contemporary problems in the accommodation of religious and secular authority.


Book
Religious freedom in secular states : a 21st century perspective
Authors: --- --- --- --- --- et al.
ISBN: 9004449965 9004449957 9789004449954 Year: 2022 Publisher: Leiden ; Boston : Brill Nijhoff,

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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"--

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