Download or read book Accommodating Religious Law with a Civil Legal System written by Avishalom Westreich and published by . This book was released on 2018 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: The discussion of legal pluralism focuses on the coexistence of several legal systems, mainly religious and civil ones. But what happens when a process of assimilation - whether imposed or voluntary - characterizes the relationships between the systems? This paper analyzes the fascinating process of assimilation of civil principles into religious law in the context of Jewish law and Israeli civil family law. Assimilation, as the paper shows, is not the whole picture. The paper reveals a corresponding (both open and implicit) struggle for the preservation of religious law principles despite the continuing efforts of civil law for their curtailment, or sometimes, elimination. The result, which is somewhat internally contradictory, leads the paper to suggest a normative pluralistic framework that enables both regimes - the civil and the religious - to preserve their core principles in family law matters.
Download or read book Application of Religious Law in U S Courts Selected Legal Issues written by and published by DIANE Publishing. This book was released on 2012 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Religious Rules State Law and Normative Pluralism A Comparative Overview written by Rossella Bottoni and published by Springer. This book was released on 2016-07-07 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Faith and Order written by Harold J. Berman and published by Wm. B. Eerdmans Publishing. This book was released on 2000 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that despite the tensions existing in all societies between religious faith and legal order, they inevitably interact. In the course of his discussion Berman traces the history of Western law, exposes the fallacies of law theories that fail to take religion into account, examines key theological, prophetic, and educational themes, and looks at the role of religion in the Soviet and post-Soviet state.
Download or read book Human Dignity Religion and the Law written by Mark Hill KC and published by Taylor & Francis. This book was released on 2024-09-09 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of human dignity is already embedded in the constitutional architecture of the European Union and throughout the world, but it remains a slippery and elusive concept. In this volume, leading commentators from across the globe address the shift from the monolithic influence of major world religions in the past towards religious pluralism coupled with the increased secularism of civil society. The contributors, drawn from different backgrounds and traditions, explore how the deployment of a nuanced understanding of human dignity can provide a way to maximise religious liberty for all within liberal democracies. Specific consideration is given to the reasonable accommodation of religious practices through exemptions to generally applicable laws, conscientious objection on the grounds of religious beliefs, the interplay between religious pluralism and legal pluralism, balancing religious sensibilities with same-sex marriage, exercising the right to change one’s religion, both generally and with a particular focus on data protection, protecting the right to asylum in the light of recent changes in migratory flows and exploring its impact on those enjoying non-theistic beliefs, as well as the complex relationship between the Ukrainian and Russian Orthodox Churches in these febrile times. Through the prism of informed investigation of these matters of specificity, the volume offers readers fresh insights and analysis which collectively contribute to an overall picture of governments in liberal democracies being encouraged and enabled to foster laws and practices whereby pluralism can be encouraged, and human dignity can flourish. The book will be of interest to academics, researchers and policy-makers working in the areas of Law and Religion, Human Rights Law, Constitutional Law and International Relations.
Download or read book Routledge Handbook of Religious Laws written by Silvio Ferrari and published by Routledge. This book was released on 2019-04-09 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Law Religion and Freedom written by W. Cole Durham, Jr. and published by Routledge. This book was released on 2021-02-22 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines major conceptual challenges confronting freedom of religion or belief in contemporary settings. The volume brings together chapters by leading experts from law, religious studies, and international relations, who provide perspectives from both sides of the Atlantic. At a time when the polarization of ‘culture wars’ is aggravating tensions between secular and religious views about accommodating the conscientious claims of individuals and groups, and when the right to freedom of religion itself is facing misunderstanding and erosion, the work provides welcome clarity and depth. Some chapters adopt a primarily conceptual and historical approach; others analyze particular difficulties or conflicts that have emerged in European and American jurisdictions, along with concrete applications and recommendations for the future. The book will be a valuable resource for students, academics, and policy-makers with an interest in law, religion, and human rights.
Download or read book EEOC Compliance Manual written by United States. Equal Employment Opportunity Commission and published by . This book was released on 1992 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Between Civil and Religious Law written by Irving A. Breitowitz and published by Praeger. This book was released on 1993-07-20 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: .Breitowitz focuses on what many regard as the cutting issue of Jewish law as it grapples with the disintegrative forces of twentieth-century life: the problem of the Agunah or stranded wife. In addition, the Agunah issue raises intriguing questions about the impotence of religious law in a secular society and how the establishment and free exercise clauses intersect to facilitate or hinder the accommodation of religious interests. All legal avenues available to secure relief are discussed, including the use of prenuptial agreements, the application of tort theory, and the rather exotic approach of the New York Get law, as well as the constitutional and common law impediments, to the implementation of these remedies. The text also includes comparative law material to illustrate how other legal systems, particularly the state of Israel, have handled this problem. As the most comprehensive book on the subject, it is invaluable to students of Jewish and family law and to practitioners of family law.
Download or read book Comparative Religious Law written by Norman Doe and published by Cambridge University Press. This book was released on 2018-11-15 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compares the modern legal instruments of Jewish, Christian and Muslim organisations in light of their historical religious laws.
Download or read book The Religion Clauses written by Erwin Chemerinsky and published by Oxford University Press, USA. This book was released on 2020 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The relationship between the government and religion is deeply divisive. With the recent changes in the composition of the Supreme Court, the First Amendment law concerning religion is likely to change dramatically in the years ahead. The Court can be expected to reject the idea of a wall separating church and state and permit much more religious involvement in government and government support for religion. The Court is also likely to expand the rights of religious people to ignore legal obligations that others have to follow, such laws that require the provision of health care benefits to employees and prohibit businesses from discriminating against people because of their sexual orientation. This book argues for the opposite and the need for separating church and state. After carefully explaining all the major approaches to the meaning of the Constitution's religion clauses, the book argues that the best approaches are for the government to be strictly secular and for there to be no special exemptions for religious people from neutral and general laws that others must obey. The book argues that this separationist approach is most consistent with the concerns of the founders who drafted the Constitution and with the needs of a religiously pluralistic society in the 21st century"--
Download or read book Religious Liberty and Public Accommodation Laws written by Anthony Walsh and published by Nova Science Publishers. This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States Constitution : originalism v. living document -- The establishment clause : ally or adversary of religious liberty? -- Religious liberty : the free exercise clause -- Religious freedom as Freedom of Speech -- Religious liberty and the legalization of same-sex marriage -- Religious liberty in the age of LGBTQ rights -- Freedom, equality, discrimination, and involuntary servitude -- Two iconic religious liberty v. anti-discrimination cases -- Photographs, cakes, and pizzas -- Federal government animus toward religion -- Some important victories for religious liberty -- Big government and its danger to freedom -- Concluding remarks on the battle for religious liberty.
Download or read book Law Religion Constitution written by Dr Cristiana Cianitto and published by Ashgate Publishing, Ltd.. This book was released on 2013-09-28 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the place assigned to religion in the constitutions of contemporary States? What role is religion expected to perform in the fields that are the object of constitutional regulation? Is separation of religion and politics a necessary precondition for democracy and the rule of law? These questions are addressed in this book through an analysis of the constitutional texts that are in force in different parts of the world. Constitutions are at the centre of almost all contemporary legal systems and provide the principles and values that inspire the action of the national law-makers. After a discussion of some topics that are central to the constitutional regulation of religion, the book considers a number of national systems covering countries with a variety of religious and cultural backgrounds. The final section of the book is devoted to the discussion of the constitutional regulation of some particularly controversial issues, such as religious education, the relation between freedom of speech and freedom of religion, abortion, and freedom of conscience.
Download or read book The Interaction of Law and Religion written by Harold Joseph Berman and published by . This book was released on 1974 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Religious Freedom Under the Personal Law System written by Farrah Ahmed and published by Oxford University Press, USA. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The personal law system is hugely controversial and the subject of fierce debates. This book addresses a vital issue that has received inadequate attention in these debates: the impact of the personal law system on religious freedom. Drawing on scholarship on the legal reform of the personal law system, as well as philosophical literature on multiculturalism, autonomy, and religious freedom, this book persuasively argues that the personal law system harms religious freedom. Several reform proposals are considered, including modifications of the personal law system, a move towards a millet system, internal reform of individual personal laws, the introduction of a Uniform Civil Code, and a move towards religious alternative dispute resolution. This book will be of significant interest to students and scholars of law, politics, and gender studies, as well as lawyers and policymakers across jurisdictions interested in multiculturalism, particularly contemporary debates on the legal accommodation of religious and cultural norms.
Download or read book God and the Secular Legal System written by Rafael Domingo and published by Cambridge University Press. This book was released on 2016-09-29 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a timely contribution to the debate on the rights and liberties of religion, beliefs, and conscience in an age of secularization.
Download or read book Religion and Legal Pluralism written by Russell Sandberg and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
