Download or read book Sharia Tribunals Rabbinical Courts and Christian Panels written by Michael J. Broyde and published by Oxford University Press. This book was released on 2017-05-31 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the rise of private arbitration in religious and other values-oriented communities, and it argues that secular societies should use secular legal frameworks to facilitate, enforce, and also regulate religious arbitration. It covers the history of religious arbitration; the kinds of faith-based dispute resolution models currently in use; how the law should perceive them; and what the role of religious arbitration in the United States and the western world should be. Part One examines why religious individuals and communities are increasingly turning to private faith-based dispute resolution to arbitrate their litigious disputes. It focuses on why religious communities feel disenfranchised from secular law, and particularly secular family law. Part Two looks at why American law is so comfortable with faith-based arbitration, given its penchant for enabling parties to order their relationships and resolve their disputes using norms and values that are often different from and sometimes opposed to secular standards. Part Three weighs the proper procedural, jurisdictional, and contractual limits of arbitration generally, and of religious arbitration particularly. It identifies and explains the reasonable limitations on religious arbitration. Part Four examines whether secular societies should facilitate effective, legally enforceable religious dispute resolution, and it argues that religious arbitration is not only good for the religious community itself, but that having many different avenues for faith-based arbitration which are properly limited is good for any vibrant pluralistic democracy inhabited by diverse faith groups.
Download or read book Islam Religious Liberty and Constitutionalism in Europe written by Mark Hill KC and published by Bloomsbury Publishing. This book was released on 2024-02-08 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: For centuries, since the Roman Empire's adoption of Christianity, the continent of Europe has been perceived as something of a Christian fortress. Today, the increase in the number of Muslims living in Europe and the prominence of Islamic belief pose questions not only for Europe's religious traditions but also for its constitutional make up. This book examines these challenges within the legal and political framework of Europe. The volume's contributors range from academics at leading universities to former judges and politicians. Its 19 chapters focus on constitutional challenges, human rights with a focus on religious freedom, and securitisation and Islamophobia, while adopting supranational and comparative approaches. This book will appeal not merely to academics and law students in the UK and the EU, but to anyone involved in diplomacy and international relations, including political scientists, lobbyists and members of NGOs. It explores these contested relationships to open up new spaces in how we think about religious freedom and co-existence in Europe and the crucial role that Islam has had, and continues to have, in its development.
Download or read book Church State and Family written by John Witte, Jr. and published by Cambridge University Press. This book was released on 2019-04-11 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a robust defence of the essential place of stable marital families in modern liberal societies.
Download or read book Exiting Violence written by Debora Tonelli and published by Walter de Gruyter GmbH & Co KG. This book was released on 2024-06-04 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the 20th and 21st centuries, where violence has scarred countless lives, the interplay between religion, politics, and conflict remains a complex web. Exiting Violence looks to untangle some of these knots, showing not only how faith can ignite bloodshed, but also how it can inspire peace and build bridges. Resulting from an international collaboration between the Fondazione Bruno Kessler, RESET-Dialogues Among Civilizations, and the Berkley Center for Religion Peace and World Affairs, this collection assesses the state of scholarship and explores the differing ways in which religion can contribute to societies and communities exiting situations of violence and hatred. From Biblical hermeneutics to Buddhism, from secularism to legal systems, Exiting Violence offers a nuanced and thought-provoking exploration of the multifaceted role religion plays in the human struggle for peace and justice.
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 Legal Pluralism Explained written by Brian Z. Tamanaha and published by Oxford University Press, USA. This book was released on 2021 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Throughout the medieval period law was seen as the product of social groups and associations that formed legal orders, as Max Weber elaborates, "either constituted in its membership by such objective characteristics of birth, political, ethnic, or religious denomination, mode of life or occupation, or arose through the process of explicit fraternization." During the second half of the Middle Ages, roughly the tenth through fifteenth centuries, there were "several distinct types of law, sometimes competing, occasionally overlapping, invariably invoking different traditions, jurisdictions and modes of operation." Types of law included imperial and royal edicts and statutes, canon law, unwritten customary law of tribes and localities, written Germanic law, residual Roman law, municipal statutes, the law of merchants and of guilds, and in England the common law, on the continent the Roman law of jurists after the twelfth century revival of the Justinian Code. The types of courts included various imperial and royal courts, ecclesiastical courts, manorial or seigniorial courts, village courts, municipal courts in cities, merchant courts, and guild courts. Serving as judges in these courts, respectively, were kings or their appointees, Bishops and abbots, barons or lords of the manor or their appointees, local lay leaders, leading burghers, merchants, and members of the guild. These various positions were not wholly separate-many high government officials were in religious orders, while Churches held landed estates that came with local judicial responsibilities. "Bishops, abbots and prioresses, as lords of temporal possessions, controlled manorial or honorial courts at which they sometimes, though not generally, presided in person, exercising responsibility for criminal and customary law." "The result was the existence of numerous law communities," Weber wrote, "the autonomous jurisdictions of which overlapped, the compulsory, political association being only one such autonomous jurisdiction in so far as it existed at all." Jurisdictional rules for judicial tribunals and the laws to be applied related to the persons involved and the subject matter at issue. The personality principle linked law to a person's community or association, and under feudalism property ownership came wrapped together with the right to judge those tied to the property. "Demarcation disputes between these laws and courts were numerous." Jurisdictional conflicts arose especially in relation to ecclesiastical courts, which claimed broad jurisdiction over personal status laws (marriage, divorce, inheritance) and moral crimes, as well as church property and personnel, matters which regularly overlapped with the jurisdiction of other courts. Furthermore, different bodies of law could be applicable in a given court in a given case. "It was common to find many different codes of customary law in force in the same kingdom, town or village, even in the same house, if the ninth century bishop Agobard of Lyons is to be believed when he says, 'It often happened that five mem were present or sitting together, and not one of them had the same law as another.'" In long settled areas, the personal law of communities became local customary law. People living within cities were subject to municipal statutes and customary law on certain matters (penal law, procedural), and the community law to which they were attached"--
Download or read book The Concept of Human Rights in Judaism Christianity and Islam written by Catharina Rachik and published by Walter de Gruyter GmbH & Co KG. This book was released on 2022-12-05 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second volume of the series "Key Concepts in Interreligious Discourses" points out the roots of the concept of ''human rights'' in Judaism, Christianity and Islam. It shows how far the universal validity of ''human rights'' opposes in some crucial points with religious traditions. The volume demonstrates that new perspectives are introduced to the general discussion about human rights when related to religious traditions. Especially the interreligious viewpoint proves that a new kind of debate about human rights and its history is necessary.
Download or read book Peace Discontent and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2021-05-24 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a multi-discursive analysis of the constitutional foundations for peaceful coexistence, the constitutional background for discontent and the impact of discontent, and the consequences of conflict and revolution on the constitutional order of a democratic society which may lead to its implosion. It explores the capacity of the constitutional order to serve as a reliable framework for peaceful co-existence while allowing for reasonable and legitimate discontent. It outlines the main factors contributing to rising pressure on constitutional order which may produce an implosion of constitutionalism and constitutional democracy as we have come to know it. The collection presents a wide range of views on the ongoing implosion of the liberal-democratic constitutional consensus which predetermined the constitutional axiology, the institutional design, the constitutional mythology and the functioning of the constitutional orders since the last decades of the 20th century. The constitutional perspective is supplemented with perspectives from financial, EU, labour and social security law, administrative law, migration and religious law. Liberal viewpoints encounter radical democratic and critical legal viewpoints. The work thus allows for a plurality of viewpoints, theoretical preferences and thematic discourses offering a pluralist scientific account of the key challenges to peaceful coexistence within the current constitutional framework. The book provides a valuable resource for academics, researchers and policymakers working in the areas of constitutional law and politics.
Download or read book An Introduction to Jewish Law written by François-Xavier Licari and published by Cambridge University Press. This book was released on 2019-03-28 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to present a systematic and synthetic introduction to Jewish law.
Download or read book Issues for Debate in American Public Policy written by CQ Researcher, and published by CQ Press. This book was released on 2018-01-31 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by award-winning CQ Researcher journalists, this annual collection of nonpartisan reports focuses on sixteen hot-button policy issues currently up for debate in America. With reports ranging from immigration and the economy to sports and sexual assault, Issues for Debate in American Public Policy, Nineteenth Edition promotes in-depth discussion, facilitates further research, and helps you formulate your own positions on crucial policy issues. And because it is CQ Researcher, the policy reports are expertly researched and written, showing you all sides of an issue. Because this annual volume comes together just months before publication, all selections are brand new and explore some of today’s most significant American public policy issues, including: The Trump presidency Affirmative action and college admissions High-tech policing Immigration and the economy Sports and sexual assault Trust in media And much more! Key Features Chapters follow a consistent organization, beginning with a summary of the issue, then exploring a number of key questions around the issue, next offering background to put the issue into current context, and concluding with a look ahead. A pro/con debate box in every chapter offers you the opportunity to critically analyze and discuss the policy issues by exploring a debate between two experts in the field. All issues include a chronology, a bibliography, photos, charts, and figures to offer you a more complete picture of the issue at hand.
Download or read book The Oxford Handbook of Global Legal Pluralism written by Paul Schiff Berman and published by Oxford University Press. This book was released on 2020-06-01 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades Global Legal Pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the 21st century. Wherever one looks, there is conflict among multiple legal regimes. Some of these regimes are state-based, some are built and maintained by non-state actors, some fall within the purview of local authorities and jurisdictional entities, and some involve international courts, tribunals, and arbitral bodies, and regulatory organizations. Global Legal Pluralism has provided, first and foremost, a set of useful analytical tools for describing this conflict among legal and quasi-legal systems. At the same time, some pluralists have also ventured in a more normative direction, suggesting that legal systems might sometimes purposely create legal procedures, institutions, and practices that encourage interaction among multiple communities. These scholars argue that pluralist approaches can help foster more shared participation in the practices of law, more dialogue across difference, and more respect for diversity without requiring assimilation and uniformity. Despite the veritable explosion of scholarly work on legal pluralism, conflicts of law, soft law, global constitutionalism, the relationships among relative authorities, transnational migration, and the fragmentation and reinforcement of territorial boundaries, no single work has sought to bring together these various scholarly strands, place them into dialogue with each other, or connect them with the foundational legal pluralism research produced by historians, anthropologists, and political theorists. Paul Schiff Berman, one of the world's leading theorists of Global Legal Pluralism, has gathered over 40 diverse authors from multiple countries and multiple scholarly disciplines to touch on nearly every area of legal pluralism research, offering defenses, critiques, and applications of legal pluralism to 21st-century legal analysis. Berman also provides introductions to every part of the book, helping to frame the various approaches and perspectives. The result is the first comprehensive review of Global Legal Pluralism scholarship ever produced. This book will be a must-have for scholars and students seeking to understand the insights of legal pluralism to contemporary debates about law. At the same time, this volume will help energize and engage the field of Global Legal Pluralism and push this scholarly trajectory forward into another two decades of innovation.
Download or read book Democracy Religion and Commerce written by Kathleen Flake and published by Taylor & Francis. This book was released on 2023-03-13 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection considers the relationship between religion, state, and market. In so doing, it also illustrates that the market is a powerful site for the cultural work of secularizing religious conflict. Though expressed as a simile, with religious freedom functioning like market freedom, “free market religion” has achieved the status of general knowledge about the nature of religion as either good or bad. It legislates good religion as that which operates according to free market principles: it is private, with no formal relationship to government; and personal: a matter of belief and conscience. As naturalized elements of historically contingent and discursively maintained beliefs about religion, these criteria have ethical and regulatory force. Thus, in culture and law, the effect of the metaphor has become instrumental, not merely descriptive. This volume seeks to productively complicate and invite further analysis of this easy conflation of democracy, religion, and the market. It invites scholars from a variety of disciplines to consider more intentionally the extent to which markets are implicated and illuminate the place of religion in public life. The book will be a valuable resource for researchers and academics working in the areas of law and religion, ethics, and economics.
Download or read book Mordecai Would Not Bow Down written by Timothy P. Jackson and published by Oxford University Press. This book was released on 2021 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prayerful Unscientific Preface -- Judaic Holiness and a Holistic Approach to Anti-Semitism and the Holocaust -- Legitimating a Topic as Old as Esther -- The Perennial Either/Or -- Nazism and the Western Conscience -- The Evils of Supersessionism -- Jesus and the Jews: Two Suffering Servants Incarnate -- Naming Good and Evil: Hitler's Insidious Genius -- A Closer Look at Schadenfreude and the Prophetic -- Conclusion: Guilt, Innocence, and Anne Frank.
Download or read book The Concept of the Rule of Law and the European Court of Human Rights written by Geranne Lautenbach and published by Oxford University Press. This book was released on 2013-11 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revision of author's thesis (doctoral)--University of Amsterdam, 2012.
Download or read book Kant and the Law of War written by Arthur Ripstein and published by Oxford University Press. This book was released on 2021-09-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The past two decades have seen renewed scholarly and popular interest in the law and morality of war. Positions that originated in the late Middle Ages through the seventeenth century have received more sophisticated philosophical elaboration. Although many contemporary writers appeal to ideas drawn from Kant's moral philosophy, his explicit discussions of war have not yet been brought into their proper place in these debates. Ripstein argues that a special morality governs war because of its distinctive immorality: the wrongfulness of entering or remaining in a condition in which force decides everything provides the standards for evaluating the grounds of initiating war, the ways in which wars are fought, and the results of past wars. The book is a major intervention into just war theory from the most influential contemporary interpreter and exponent of Kant's political and legal theories. Beginning from the difference between governing human affairs through words and through force, Ripstein articulates a Kantian account of the state as a public legal order in which all uses of force are brought under law. Against this background, he provides innovative accounts of the right of national defence, the importance of conducting war in ways that preserve the possibility of a future peace, and the distinctive role of international institutions in bringing force under law.
Download or read book General Principles of Law and International Due Process written by Charles T. Kotuby, Jr. and published by Oxford University Press. This book was released on 2017-02-15 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.
Download or read book Cassese s International Criminal Law written by Antonio Cassese and published by Oxford University Press. This book was released on 2013-01-31 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revised edition of: International criminal law, second edition, 2008.
