Download or read book Censorial Sensitivities written by András Sajó and published by Eleven International Publishing. This book was released on 2007 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the conflict between free speech and religion. Religious authorities have long tried to "discipline" free speech when it runs counter to religious teachings or dogmas. The reaction to the cartoons about the prophet Muhammad, published in the Danish Jyllands-Posten, demonstrated the resonance of the accusation of blasphemy inside Islam. The conflict is not, however, limited to Islam. The Catholic Church and various Protestant churches have strongly expressed their hostility toward various books, plays, and films that they consider "collective defamation." There is an increasing concern about the need to protect religious sensitivities against offensive speech, in particular where such speech affects vulnerable minorities and collective identities based on religious affiliation. The thought-provoking essays in this book are a welcome contribution to the current debate on how to deal with the clash between free speech and religion in a world where a growing number of people are committed in a fundamental way to religion in everyday life.
Download or read book Biblical Blaspheming written by Yvonne Sherwood and published by Cambridge University Press. This book was released on 2012-09-06 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the persistence of 'blasphemy' in modern secular democracies and examines ways of talking and thinking about the Bible.
Download or read book Is Critique Secular written by Talal Asad and published by Fordham Univ Press. This book was released on 2013-05-09 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume interrogates settled ways of thinking about the seemingly interminable conflict between religious and secular values in our world today. What are the assumptions and resources internal to secular conceptions of critique that help or hinder our understanding of one of the most pressing conflicts of our times? Taking as their point of departure the question of whether critique belongs exclusively to forms of liberal democracy that define themselves in opposition to religion, these authors consider the case of the “Danish cartoon controversy” of 2005. They offer accounts of reading, understanding, and critique for offering a way to rethink conventional oppositions between free speech and religious belief, judgment and violence, reason and prejudice, rationality and embodied life. The book, first published in 2009, has been updated for the present edition with a new Preface by the authors.
Download or read book The Internet and Constitutional Law written by Oreste Pollicino and published by Routledge. This book was released on 2016-01-13 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses emerging constitutional principles addressing the regulation of the internet at both the national and the supranational level. These principles have arisen from cases involving the protection of fundamental rights. This is the reason why the book explores the topic thorough the lens of constitutional adjudication, developing an analysis of Courts’ argumentation. The volume examines the gradual consolidation of a "constitutional core" of internet law at the supranational level. It addresses the European Court of Human Rights and the Court of Justice of the European Union case law, before going on to explore Constitutional or Supreme Courts’ decisions in individual jurisdictions in Europe and the US. The contributions to the volume discuss the possibility of the "constitutionalization" of internet law, calling into question the thesis of the so-called anarchic nature of the internet.
Download or read book Resolving International Conflicts written by Peter Hay and published by Central European University Press. This book was released on 2009-01-01 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dedicated to Tibor Vrady. Focuses on international private law and international arbitration.
Download or read book Blasphemy and Freedom of Expression written by Jeroen Temperman and published by Cambridge University Press. This book was released on 2017-11-16 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The tension between blasphemy laws and the freedom of expression in modern times is a key area of debate within legal academia and beyond. With contributions by leading scholars, this volume compares blasphemy laws within a number of Western liberal democracies and debates the legitimacy of these laws in the twenty-first century. Including comprehensive and up-to-date comparative country studies, this book considers the formulation of blasphemy bans, relevant jurisprudential interpretations, the effect on society, and the ensuing convictions and penalties where applicable. It provides a useful historical analysis by discussing the legal-political rationales behind the recent abolition of blasphemy laws in some Western states. Contributors also consider the challenges to the tenability of blasphemy laws in a selection of well-balanced theoretical chapters. This book is essential reading for scholars working within the fields of human rights law, philosophy and sociology of religion, and comparative politics.
Download or read book The Changing Nature of Religious Rights under International Law written by Malcolm Evans and published by OUP Oxford. This book was released on 2015-03-19 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, as proclaimed by the United Nations General Assembly in 1981, is the only universal human rights instrument specifically focusing on religious intolerance and discrimination. However, recent years have seen increasing controversy surrounding this right, in both political and legal contexts. The European Court of Human Rights has experienced a vast expansion in the number of cases it has had brought before it concerning religious freedom, and politically the boundaries of the right have been much disputed. This book provides a systematic analysis of the different approaches to religious rights which exist in public international law. The book explores how particular institutional perspectives emerge in the context of these differing approaches. It examines, and challenges, these institutional perspectives. It identifies new directions for approaching religious rights through international law by examining existing legal tools, and assesses their achievements and shortcomings. It studies religious organisations' support for international human rights protection, as well as religious critique of international human rights and the development of an alternative religious 'Bills of Rights'. It investigates whether expressions of members belonging to religious minorities can be considered under the minority right to culture, rather than the right to religion, and discusses the benefits and shortcomings of such a route. It analyses the reach and limits of the provisions in the 1981 Declaration, identifies ways in which the right is being eroded as a concept, and suggests new ways in which the right can be reinforced and protected.
Download or read book The UN Convention on the Elimination of All Forms of Racial Discrimination written by Natan Lerner and published by Martinus Nijhoff Publishers. This book was released on 2015-01-08 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The universal feeling that discrimination and intolerance based on race. religion or beliefs have to be confronted by the international community led to the adoption, half a century ago, of the international convention to which this book is devoted, one of the most ratified treaties. The book comments on the contents of the Convention and its impact on anti-racist and anti-bias legislation and jurisprudence, as well as its influence on, and applicability to other international texts. In an Introduction to this reprint, the author updates the status of the Convention, summarizes the work of CERD, the implementation body of the Convention, and discusses its relevance to general human rights, particularly the area of religious intolerance, and some difficult issues such as the possible clash with other fundamental freedoms.
Download or read book The European Court of Human Rights and the Freedom of Religion or Belief written by Jeroen Temperman and published by BRILL. This book was released on 2019-01-04 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Human Rights and the Freedom of Religion or Belief is the first systematic analyis of the Court's first twenty-five years of jurisprudence on one of the most hotly contested areas of human rights.
Download or read book The Law and Religious Market Theory written by Jianlin Chen and published by Cambridge University Press. This book was released on 2017-10-12 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: A fresh descriptive and normative perspective on law and religion supported by comparative case studies of Greater China.
Download or read book Regulation of Speech in Multicultural Societies written by Marcel Maussen and published by Routledge. This book was released on 2017-10-02 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the way in which public debate and legal practice intersect when it comes to the value of free speech and the need to regulate "offensive", "blasphemous" or "hate" speech, especially, though not exclusively where such speech is thought to be offensive to members of ethnic and religious minorities. The themes addressed are of great significance for contemporary societies in many parts of the world, including Europe and North America, and although the volume focuses principally on the European context, it also addresses the theme on an international level. Contributions look at the transnational intertextuality of the debate, as well as comparing approaches to regulation in different countries (notably between the European Court of Human Rights and the United States Supreme Court). This book was originally published as a special issue of the Journal of Ethnic and Migration Studies.
Download or read book American Constitutional Law written by Donald P. Kommers and published by Rowman & Littlefield Publishers. This book was released on 2010 with total page 818 pages. Available in PDF, EPUB and Kindle. Book excerpt: American Constitutional Law: Essays, Cases, and Comparative Notes is a unique casebook that encourages citizens and students of the Constitution to think critically about the fundamental principles and policies of the American constitutional order. In addition to its distinguished authorship, the book has two prominent features that set it apart from other books in the field: an emphasis on the social, political, and moral theory that provides meaning to constitutional law and interpretation, and a comparative perspective that situates the American experience within a world context that serves as an invaluable prism through which to illuminate the special features of our own constitutional order. While the focus of the book is entirely on American constitutional law, the book asks students to consider what, if anything, is unique in American constitutional life and what we share with other constitutional democracies. Each chapter is preceded by an introductory essay that highlights these major themes and also situates the cases in their proper historical and political contexts. This new edition offers updated and expanded treatment of a number of important and timely topics including, the death penalty, privacy, affirmative action, and school segregation. Volume 2 of this text focuses on civil rights and basic freedoms and includes separate chapters on race and gender.
Download or read book How Constitutional Rights Matter written by Adam Chilton and published by Oxford University Press, USA. This book was released on 2020 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does constitutionalizing rights improve respect for those rights in practice? Drawing on statistical analyses, survey experiments, and case studies from around the world, this book argues that enforcing constitutional rights is not easy, but that some rights are harder to repress than others. First, enshrining rights in constitutions does not automatically ensure that those rights will be respected. For rights to matter, rights violations need to be politically costly. But this is difficult to accomplish for unconnected groups of citizens. Second, some rights are easier to enforce than others, especially those with natural constituencies that can mobilize for their enforcement. This is the case for rights that are practiced by and within organizations, such as the rights to religious freedom, to unionize, and to form political parties. Because religious groups, trade unions and parties are highly organized, they are well-equipped to use the constitution to resist rights violations. As a result, these rights are systematically associated with better practices. By contrast, rights that are practiced on an individual basis, such as free speech or the prohibition of torture, often lack natural constituencies to enforce them, which makes it easier for governments to violate these rights. Third, even highly organized groups armed with the constitution may not be able to stop governments dedicated to rights-repression. When constitutional rights are enforced by dedicated organizations, they are thus best understood as speed bumps that slow down attempts at repression. An important contribution to comparative constitutional law, this book provides a comprehensive picture of the spread of constitutional rights, and their enforcement, around the world.
Download or read book Religious Offences in Common Law Asia written by Li-ann Thio and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 551 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides in-depth comparative analysis of how religious penal clauses have been developed and employed within Asian common law states, and the impact of such developments on constitutional rights. By examining the theoretical and conceptual underpinnings of religious offences as well as interrogating the nature and impact of religious penal clauses within the region, it contributes to the broader dialogue in relation to religious penal clauses globally, whether in countries which practise forms of secular or religious constitutionalism. Asian practice is significant in this respect, given the centrality of religion to social life and indeed, in some jurisdictions, to constitutional or national identity. Providing rigorous studies of common law jurisdictions that have adopted similar provisions in their penal code, the contributors provide an original examination and analysis of the use and development of these religious clauses in their respective jurisdictions. They draw upon their insights into the background sociopolitical and constitutional contexts to consider how the inter-relationship of religion and state may determine the rationale and scope of religious offences. These country-by-country chapters inform the conceptual examination of religious views and sentiments as a basis for criminality and the forms of 'harm' that attract legal safeguards. Several chapters examine these questions from a historical and comparative perspective, considering the underlying bases and scope, as well as evolving objectives of these provisions. Through these examinations, the book critically interrogates the legacy of colonialism on the criminal law and constitutional practice of various Asian states.
Download or read book Freedom of Speech and Expression written by Richard Sorabji and published by Oxford University Press, USA. This book was released on 2021 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book on freedom of speech and expression starts (Chapter 1) with an inter-cultural history of this valued right through the ages and then recalls (Chapter 2) the benefits for which we rightly value it. But what about speech that frustrates these benefits? Supporters of the benefits of free speech have reason to exercise voluntary self-restraint on speech which frustrates the benefits. They should also cultivate a second remedy: the art, illustrated in chapter 1, and called by Gandhi the art of 'opening ears', by other kinds of speech and conduct. Such voluntary methods are to be preferred to legal constraints. But (chapter 3) legal constraint is sometimes necessary. In the 21st century, social media funding based on manipulation of personal speech data requires skilful legislation and enforcement in favour of social media that protect our freedoms"--
Download or read book Religion and Human Rights written by John Witte and published by OUP USA. This book was released on 2012 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the relationship between religion and human rights in seven major religious traditions, as well as key legal concepts, contemporary issues, and relationships among religion, state, and society in the areas of human rights and religious freedom.
Download or read book Presence of the Cross in Public Spaces written by Marta Ordon and published by Cambridge Scholars Publishing. This book was released on 2017-03-07 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: The judgments of the European Court of Human Rights in the case of Lautsi vs. Italy (3 November 2009 and 18 March 2011) served as a catalyst for the debate on the presence of the cross in the public space in a number of European states. What are the effects of this debate? What is the meaning attributed to so-called negative religious freedom viewed in relation to the right to manifest religion and protect tradition and culture? Answers to these and related questions are provided in this volume by experienced contributors, who adopt diversified research perspectives and viewpoints. The analyses presented here concern not only the established democracies of Western Europe, but also post-communist states. Owing to the multifaceted approach thus offered, the book will prove to be helpful in distinguishing the implications of respect for the freedom of thought, conscience and religion from the consequences of diversified constitutional norms adopted in individual states, and also from subjective expectations.
