Download or read book Religion in Legal Thought and Practice written by Howard Lesnick and published by Cambridge University Press. This book was released on 2010-03-29 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines moral issues in public and private life from a religious but not devotional perspective. Rather than seeking to prove that one belief system or moral stance is right, it undertakes to help readers more fully understand the effect of religious beliefs and practices on ways of conceiving and addressing moral questions, without having to accept or to reject any specific religious outlook. It shows how the similarities between religions and the differences within any one religion are more important than the reverse. The book asks • Where do moral imperatives come from, and how do the answers found in religion and law interact? • How does the fact that a moral norm is grounded in religion affect our thinking about it? • What is the significance of the differences (and similarities) between religious and secular sources of moral norms?
Download or read book Christian Perspectives on Legal Thought written by Michael W. McConnell and published by Yale University Press. This book was released on 2008-10-01 with total page 775 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores for the first time the broad range of ways in which Christian thought intersects with American legal theory. Eminent legal scholars—including Stephen Carter, Thomas Shaffer, Elizabeth Mensch, Gerard Bradley, and Marci Hamilton—describe how various Christian traditions, including the Catholic, Calvinist, Anabaptist, and Lutheran traditions, understand law and justice, society and the state, and human nature and human striving. The book reveals not only the diversity among Christian legal thinkers but also the richness of the Christian tradition as a source for intellectual and ethical approaches to legal inquiry. The contributors bring various perspectives to the subject. Some engage the prominent schools of legal thought: liberalism, legal realism, critical legal studies, feminism, critical race theory, and law and economics. Others address substantive areas, including environmental, criminal, contract, torts, and family law, as well as professional responsibility. Together the essays introduce a new school of legal thought that will make a signal contribution to contemporary discussions of law.
Download or read book Theory and Practice in Essene Law written by Aryeh Amihay and published by Oxford University Press. This book was released on 2017 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a novel approach for the study of law in the Judean Desert Scrolls, using the prism of legal theory. Following a couple of decades of scholarly consensus withdrawing from the "Essene hypothesis," it proposes to revive the term, and suggests employing it for the sectarian movement as a whole, while considering the group that lived in Qumran as the Yahad. It further proposes a new suggestion for the emergence of the Yahad, based on the roles of the Examiner and the Instructor in the two major legal codes, the Damascus Document and the Community Rule. The understanding of Essene law is divided into concepts and practices, in order to emphasize the discrepancy between creed, rhetoric, and practices. The abstract exploration of notions such as time, space, obligation, intention, and retribution, is then compared against the realities of social practices, including admission, initiation, covenant, leadership, reproof, and punishment. The legal analysis yields several new suggestions for the study of the scrolls: first, Amihay proposes to rename the two strands of thought of Jewish law, formerly referred to as "nominalism" and "realism," with the terms "legal essentialism" and "legal formalism." The two laws of admission in the Community Rule are distinguished as two different laws, one of an association for a group as a whole, the other as an admission of an individual. The law of reproof is proven to be an independent legal procedure, rather than a preliminary stage of prosecution. The methodological division in this study of thought and practice provides a nuanced approach for the study of law in general, and religious law in particular.
Download or read book Christianity and Global Law written by Rafael Domingo and published by Routledge. This book was released on 2020-03-31 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores both historical and contemporary Christian sources and dimensions of global law and includes critical perspectives from various religious and philosophical traditions. Two dozen leading scholars discuss the constituent principles of this new global legal order historically, comparatively, and currently. The first part uses a historical-biographical approach to study a few of the major Christian architects of global law and transnational legal theory, from St. Paul to Jacques Maritain. The second part distills the deep Christian sources and dimensions of the main principles of global law, historically and today, separating out the distinct Catholic, Protestant, and Orthodox Christian contributions as appropriate. Finally, the authors address a number of pressing global issues and challenges, where a Christian-informed legal perspective can and should have deep purchase and influence. The work makes no claim that Christianity is the only historical shaper of global law, nor that it should monopolize the theory and practice of global law today. But the book does insist that Christianity, as one of the world’s great religions, has deep norms and practices, ideas and institutions, prophets and procedures that can be of benefit as the world struggles to find global legal resources to confront humanity’s greatest challenges. The volume will be an essential resource for academics and researchers working in the areas of law and religion, transnational law, legal philosophy, and legal history.
Download or read book Multiple Secularities Beyond the West written by Marian Burchardt and published by Walter de Gruyter GmbH & Co KG. This book was released on 2015-02-17 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Questions of secularity and modernity have become globalized, but most studies still focus on the West. This volume breaks new ground by comparatively exploring developments in five areas of the world, some of which were hitherto situated at the margins of international scholarly discussions: Africa, the Arab World, East Asia, South Asia, and Central and Eastern Europe. In theoretical terms, the book examines three key dimensions of modern secularity: historical pathways, cultural meanings, and global entanglements of secular formations. The contributions show how differences in these dimensions are linked to specific histories of religious and ethnic diversity, processes of state-formation and nation-building. They also reveal how secularities are critically shaped through civilizational encounters, processes of globalization, colonial conquest, and missionary movements, and how entanglements between different territorially grounded notions of secularity or between local cultures and transnational secular arenas unfold over time.
Download or read book An Introduction to Religion and Politics written by Jonathan Fox and published by Routledge. This book was released on 2013-05-07 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Introduction to Religion and Politics offers a comprehensive overview of the many theories of religion and politics, and provides students with an accessible but in-depth account of the most significant debates, issues and methodologies. Fox examines the ways in which religion influences politics, analyses the current key issues and provides a state of the art account of religion and politics, highlighting the diversity in state religion policies around the world. Topics covered include: Secularism and secularization Religious identity Religious worldviews, beliefs, doctrines and theologies Religious legitimacy Religious institutions and mobilization Rational and functional religion Religious fundamentalism Conflict, violence and terror This work combines theoretical analysis with data on the religion policies of 177 governments, showing that while most of the world's government support religion and many restrict it; true neutrality on the issue of religion is extremely rare. Religion is becoming an inescapable issue in politics. This work will be essential reading for all students of religion and politics, and will also be of great interest to those studying related subjects such as comparative politics, international relations and war and conflict studies.
Download or read book The Distinctiveness of Religion in American Law written by Kathleen A. Brady and published by Cambridge University Press. This book was released on 2015-07-23 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades, religion's traditional distinctiveness under the First Amendment has been challenged by courts and scholars. As America grows more secular and as religious and nonreligious convictions are increasingly seen as interchangeable, many have questioned whether special treatment is still fair. In its recent decisions, the Supreme Court has made clear that religion will continue to be treated differently, but we lack a persuasive account of religion's uniqueness that can justify this difference. This book aims to develop such an account. Drawing on founding era thought illumined by theology, philosophy of religion, and comparative religion, it describes what is at stake in our tradition of religious freedom in a way that can be appreciated by the religious and nonreligious alike. From this account, it develops a new framework for religion clause decision making and explains the implications of this framework for current controversies regarding protections for religious conscience.
Download or read book Religion and International Law written by Mark W. Janis and published by BRILL. This book was released on 2004-02-01 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the great tasks, perhaps the greatest, weighing on modern international lawyers is to craft a universal law and legal process capable of ordering relations among diverse people with differing religions, histories, cultures, laws, and languages. In so doing, we need to take the world's peoples as we find them and not pretend out of existence their wide variety. This volume, now available in paperback, builds on the eleven essays edited by Mark Janis in 1991 in The Influence of Religion and the Development of International Law, more than doubling its authors and essays and covering more religious traditions. Now included are studies of the interface between international law and ancient religions, Confucianism, Hinduism, Judaism, Christianity, and Islam, as well as essays addressing the impact of religious thought on the literature and sources of international law, international courts, and human rights law.
Download or read book Religion and Law written by Dr Peter W Edge and published by Ashgate Publishing, Ltd.. This book was released on 2013-05-28 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discussion of the way in which law engages with religious difference often takes place within the context of a single jurisdiction. Religion and Law: An Introduction, presents a comprehensive text for students, drawing on examples from across key Anglophone jurisdictions – the United Kingdom, the United States, Canada, New Zealand, Australia and South Africa, as well as international law, to explore a broad range of issues. Aimed at a non-legal readership, this book introduces the use of legal sources and focuses on factual situations as much as legal doctrine. Key issues arising from interaction of the religious individual and the State are discussed, as well as the religious organisation or community and the State. The interaction is explored through case studies of areas as diverse as the legal regulation of religious drug use, sacred spaces and sacred places, and claims of clergy misconduct. Taking a broad, non-jurisdictional approach to the key issues, in particular providing insights differing from the dominant US experiences and paradigms, this student-friendly textbook includes a clearly structured bibliography and clear guidance on how to approach relevant legal materials.
Download or read book The Law of Freedom written by Daniel L. Rentfro and published by Wipf and Stock Publishers. This book was released on 2019-10-29 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Freedom: Justice and Mercy in the Practice of Law examines the legal and theological roots of the concept of equity, and the implications that the diminishment of equity as a legal concept has for the moral dilemmas faced by the practicing lawyer. Meditating on the book of Micah, the book argues that the Christian duty asks for both strict justice and gracious mercy, with the prophet’s third value—humility—essential for both the individual lawyer and the legal system as a whole to balance strict justice and mercy.
Download or read book Law and Religion in Public Life written by Nadirsyah Hosen and published by Taylor & Francis. This book was released on 2011-04-27 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is unique in bringing together leading scholars and respected religious leaders to address contemporary issues in the relationship of law, religion and the state. The book highlights the interaction between secular law and religion with particular attention being given to the implications for law and society, religious tolerance and freedom. The book focuses on the practical and topical issues that have arisen in recent years in Australia. As one of the most ethnically diverse countries in the world, a pioneer of multicutural policies in immigration and social justice, Australia is a revealing site for contemporary studies in a world afraid of immigration and terrorism., issues that are affecting much of the globe.
Download or read book Why Tolerate Religion written by Brian Leiter and published by Princeton University Press. This book was released on 2014-08-24 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why it's wrong to single out religious liberty for special legal protections This provocative book addresses one of the most enduring puzzles in political philosophy and constitutional theory—why is religion singled out for preferential treatment in both law and public discourse? Why are religious obligations that conflict with the law accorded special toleration while other obligations of conscience are not? In Why Tolerate Religion?, Brian Leiter shows why our reasons for tolerating religion are not specific to religion but apply to all claims of conscience, and why a government committed to liberty of conscience is not required by the principle of toleration to grant exemptions to laws that promote the general welfare.
Download or read book Islamic Law written by Robert Gleave and published by I.B. Tauris. This book was released on 2001-02-16 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text deals with the theory and practice of Islamic law in both the formative classic and modern periods and over a range of societies. It is divided into four sections dealing with: legal theory; fatwas and muftis in classical Islamic law; the position of religious minorities under Islamic law, and modern developents in Islamic law. In addition to exploring the tension between theory and practice, the book focuses on the role of ijtihad in both Sunni and Shi'i fiqh and in collections of fatwa, and looks at the relationship between judicial practice and positive law.
Download or read book Christianity Ethics and the Law written by Zachary R. Calo and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book examines how Christian love can inform legal thought. The work introduces love as a way to advance the emergent conversation between constructive theology and jurisprudence that will also inform conversations in philosophy and political theory. Love is the central category for Christian ethical understanding. Yet, the growing field of law and religion, and relatedly law and theology, rarely address how love can shape our understanding of law. This reflects, in part, a common assumption that law and love stand in necessary tension. Love applies to the private and the personal. Law, by contrast, applies to the public and the political, realms governed by power. It is thus a mistake to envisage love as having anything but a negative relationship to law. This conclusion continues to govern Christian understandings of the meaning and vocation of law. The animating idea of this volume is that the concept of love can and should inform Christian legal thought. The project approaches this task from the perspective of both historical and constructive theology. Various contributions examine how such thinkers as Augustine, Aquinas, and Calvin utilised love in their legal thought. These essays highlight often neglected aspects of the Christian tradition. Other contributions examine Christian love in light of contemporary legal topics including civility, forgiveness, and secularism. Love, the book proposes, not only matters for law but can transform the terms on which Christians understand and engage it. The book will be of interest to academics and researchers working in the areas of legal theory; law and religion; law and philosophy; legal history; theology and religious studies; and political theory"--
Download or read book Religion Law and the Growth of Constitutional Thought 1150 1650 written by Brian Tierney and published by Cambridge University Press. This book was released on 2008-12-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: To understand the growth of Western constitutional thought, we need to consider both ecclesiology and political theory, ideas about the Church as well as ideas about the state. In this book Professor Tierney traces the interplay between ecclesiastical and secular theories of government from the twelfth century to the seventeenth. He shows how ideas revived from the ancient past - Roman law, Aristotelian political philosophy, teachings of Church fathers - interacted with the realities of medieval society to produce distinctively new doctrines of constitutional government in Church and state. The study moves from the Roman and canon lawyers of the twelfth century to various thirteenth-century theories of consent; later sections consider fifteenth-century conciliarism and aspects of seventeenth-century constitutional thought. Fresh approaches are suggested to the work of several figures of central importance in the history of Western political theory. Among the authors considered are Thomas Aquinas, Marsilius of Padua, Jean Gerson, Nicholas of Cues and Althusius, along with many lesser-known authors who contributed significantly to the growth of the Western constitutional tradition.
Download or read book Law and Religion a Reader written by Frank S. Ravitch and published by West Academic Publishing. This book was released on 2008 with total page 996 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the field of law and religion integrating cases, concepts, and theory in an accessible and balanced way. The second edition is incredibly up-to-date, including recent cases involving intelligent design theory, school vouchers, religious symbolism in the public square (including Ten Commandments displays), municipal prayer, RLUIPA, and standing. It addresses the continuing debate over the meaning of the Religion Clauses of the First Amendment and the evolution of church v. state Law. The book includes article excerpts from some of the leading thinkers in the field. New to the second edition is a chapter dealing with properrty disputes and schisms involving religious institutions, liability of religious institutions for clergy abuse, and standing in cases under the religion clauses. The new edition also adds a section on Hindu law to the popular chapter exploring the place of law within six (now seven) major religious traditions from around the world.
Download or read book Christian Legal Thought written by Patrick M. Brennan and published by Foundation Press. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hardbound - New, hardbound print book.
