Religion And Legal Pluralism
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| Author | : Dr Russell Sandberg |
| Publisher | : Ashgate Publishing, Ltd. |
| Total Pages | : 301 |
| Release | : 2015-07-28 |
| Genre | : Religion |
| ISBN | : 140945584X |
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.
| Author | : Rossella Bottoni |
| Publisher | : Springer |
| Total Pages | : 410 |
| Release | : 2016-07-07 |
| Genre | : Law |
| ISBN | : 3319283359 |
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.
| Author | : Paul Schiff Berman |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 1133 |
| Release | : 2020-09-24 |
| Genre | : Law |
| ISBN | : 0197516742 |
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
| Author | : Seth Tweneboah |
| Publisher | : Routledge |
| Total Pages | : 320 |
| Release | : 2019-09-25 |
| Genre | : Law |
| ISBN | : 1000706737 |
Applying a legal pluralist framework, this study examines the complex interrelationships between religion, law and politics in contemporary Ghana, a professedly secular State characterised by high levels of religiosity. It aims to explore legal, cultural and moral tensions created by overlapping loci of authority (state actors, traditional leaders and religious functionaries). It contends that religion can function as an impediment to Ghana’s secularity and also serve as an integral tool for realising the State’s legal ideals and meeting international human rights standards. Using three case studies – legal tensions, child witchcraft accusations and same-sex partnerships – the study illustrates the ways that the entangled and complicated connections between religion and law compound Ghana’s secular orientation. It suggests that legal pluralism is not a mere analytical framework for describing tensions, but ought to be seen as part of the solution. The study contributes to advancing knowledge in the area of the interrelationships between religion and law in contemporary African public domain. This book will be a valuable resource for those working in the areas of Law and Religion, Religious Studies, African Studies, Political Science, Legal Anthropology and Socio-legal Studies.
| Author | : Richard Moon |
| Publisher | : UBC Press |
| Total Pages | : 309 |
| Release | : 2009-07 |
| Genre | : History |
| ISBN | : 9780774814980 |
Law and Religious Pluralism in Canada seeks to elucidate the complex and often uneasy relationship between law and religion in democracies committed both to equal citizenship and religious pluralism. Leading socio-legal scholars consider the role of religious values in public decision making, government support for religious practices, and the restriction and accommodation by government of minority religious practices. They examine such current issues as the legal recognition of sharia arbitration, the re-definition of civil marriage, and the accommodation of religious practice in the public sphere.
| Author | : Russell Sandberg |
| Publisher | : Cambridge University Press |
| Total Pages | : 235 |
| Release | : 2011-03-24 |
| Genre | : Law |
| ISBN | : 1139501186 |
The worlds of law and religion increasingly collide in Parliament and the courtroom. Religious courts, the wearing of religious symbols and faith schools have given rise to increased legislation and litigation. This is the first student textbook to set out the fundamental principles and issues of law and religion in England and Wales. Offering a succinct exposition and critical analysis of the field, it explores how English law regulates the practice of religion. The textbook surveys law and religion from various perspectives, such as human rights and discrimination law, as well as considering the legal status of both religion and religious groups. Controversial and provocative questions are explored, promoting full engagement with the key debates. The book's explanatory approach and detailed references ensure understanding and encourage independent study. Students can track key developments on the book's updating website. This innovative text is essential reading for all students in the field.
| Author | : William R. Hutchison |
| Publisher | : Yale University Press |
| Total Pages | : 288 |
| Release | : 2008-10-01 |
| Genre | : History |
| ISBN | : 0300129572 |
Religious toleration is enshrined as an ideal in our Constitution, but religious diversity has had a complicated history in the United States. Although Americans have taken justifiable pride in the rich array of religious faiths that help define our nation, for two centuries we have been grappling with the question of how we can coexist. In this ambitious reappraisal of American religious history, William Hutchison chronicles the country’s struggle to fulfill the promise of its founding ideals. In 1800 the United States was an overwhelmingly Protestant nation. Over the next two centuries, Catholics, Mormons, Jews, Muslims, Hindus, and others would emerge to challenge the Protestant mainstream. Although their demands were often met with resistance, Hutchison demonstrates that as a result of these conflicts we have expanded our understanding of what it means to be a religiously diverse country. No longer satisfied with mere legal toleration, we now expect that all religious groups will share in creating our national agenda. This book offers a groundbreaking and timely history of our efforts to become one nation under multiple gods.
| Author | : Lauren Benton |
| Publisher | : NYU Press |
| Total Pages | : 325 |
| Release | : 2013-07-22 |
| Genre | : Law |
| ISBN | : 0814708188 |
This wide-ranging volume advances our understanding of law and empire in the early modern world. Distinguished contributors expose new dimensions of legal pluralism in the British, French, Spanish, Portuguese, and Ottoman empires. In-depth analyses probe such topics as the shifting legal privileges of corporations, the intertwining of religious and legal thought, and the effects of clashing legal authorities on sovereignty and subjecthood. Case studies show how a variety of individuals engage with the law and shape the contours of imperial rule. The volume reaches from Peru to New Zealand to Europe to capture the varieties and continuities of legal pluralism and to probe the analytic power of the concept of legal pluralism in the comparative study of empires. For legal scholars, social scientists, and historians, Legal Pluralism and Empires, 1500-1850 maps new approaches to the study of empires and the global history of law.
| Author | : Susanne Epple |
| Publisher | : transcript Verlag |
| Total Pages | : 415 |
| Release | : 2020-07-31 |
| Genre | : Social Science |
| ISBN | : 3839450217 |
Being a home to more than 80 ethnic groups, Ethiopia has to balance normative diversity with efforts to implement state law across its territory. This volume explores the co-existence of state, customary, and religious legal forums from the perspective of legal practitioners and local justice seekers. It shows how the various stakeholders' use of negotiation, and their strategic application of law can lead to unwanted confusion, but also to sustainable conflict resolution, innovative new procedures and hybrid norms. The book thus generates important knowledge on the conditions necessary for stimulating a cooperative co-existence of different legal systems.
| Author | : Dr Ido Shahar |
| Publisher | : Ashgate Publishing, Ltd. |
| Total Pages | : 241 |
| Release | : 2015-09-28 |
| Genre | : Law |
| ISBN | : 1409410528 |
This book offers fresh perspectives on the phenomenon of legal pluralism, on shari'a law in practice and on Palestinian-Israeli relations in the divided city of Jerusalem. The study is based on participant observations in the studied shari'a court in contemporary West Jerusalem, as well as on textual and legal analyses of court cases and rulings, and suggests an organizational-institutional approach to legal pluralism, which examines not only the relations between bodies of law but also the relations between courts of law serving the same population.
