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Offers insight into the complex relationship between religion and law in contemporary America Why religion? Why law? Why now? In recent years, the United States has witnessed a number of high-profile court cases involving religion, forcing Americans to grapple with questions regarding the relationship between religion and law. This volume maps the contemporary interplay of religion and law within the study of American religions. What rights are protected by the Constitution’s free exercise clause? What are the boundaries of religion, and what is the constitutional basis for protecting some religious beliefs but not others? What characterizes a religious-studies approach to religion and law today? What is gained by approaching law from the vantage point of religious studies, and what does attention to the law offer back to scholars of religion? Religion, Law, USA considers all these questions and more. Each chapter considers a specific keyword in the study of religion and law, such as “conscience,” “establishment,” “secularity,” and “personhood.” Contributors consider specific case studies related to each term, and then expand their analyses to discuss broader implications for the practice and study of American religion. Incorporating pieces from leading voices in the field, this book is an indispensable addition to the scholarship on religion and law in America.
This book brings together two scholarly traditions: experts in Roman, Jewish and Islamic law, an area where scholars tend to be familiar with work in each area, and experts in the legal traditions of South and East Asia, which have tended to be less interdisciplinary. The resulting mix produces new ways of looking at comparative law and legal history from a global perspective, and these essays contribute both to our understanding of comparative religion as well as comparative law.
Issues concerning religion in the public sphere are rarely far from the headlines. As a result, scholars have paid increasing attention to religion. These scholars, however, have generally stayed within the confines of their own respective disciplines. To date there has been little contact between lawyers and sociologists. Religion, Law and Society explores whether, how and why law and religion should interact with the sociology of religion. It examines sociological and legal materials concerning religion in order to find out what lawyers and sociologists can learn from each other. A groundbreaking, provocative and thought-provoking book, it is essential reading for lawyers, sociologists and all who are interested in the relationship between religion, law and society in the twenty-first century.
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.
Written by experts from within their communities, this book compares the legal regimes of Christian churches as systems of religious law. The ecumenical movement, with its historical theological focus, has failed to date to address the role of church law in shaping relations between churches and fostering greater mutual understanding between them. In turn, theologians and jurists from the different traditions have not hitherto worked together on a fully ecumenical appreciation of the potential value of church laws to help, and sometimes to hinder, the achievement of greater Christian unity. This book seeks to correct this ecumenical church law deficit. It takes account of the recent formulation by an ecumenical panel of a Statement of Principles of Christian Law, which has been welcomed by Pope Francis and the Ecumenical Patriarch of Constantinople, leader of the Orthodox Church worldwide, as recognizing the importance of canon law for ecumenical dialogue. This book, therefore, not only provides the fruits of an understanding of church laws within ten Christian traditions, but also critically evaluates the Statement against the laws of these individual ecclesial communities. The book will be an essential resource for scholars of law and religion, theology, and sociology. It will also be of interest to those working in religious institutions and policy-makers.
Religion, Law, and Freedom: A Global Perspective introduces readers to diverse perspectives on the interplay of religion, law, and communications freedom in different cultures around the world. Through discussion and analysis of the religious mores and cultural values that a nation adheres to, a greater understanding of that nation, its laws, and its freedoms can be cultivated. Rather than suggesting that harmony can be achieved without conflict, the essays in this volume seek to present the reader with a variety of perspectives from which to view and understand the relationships among religion, law, and freedom in various cultures. This multifaceted analysis, therefore, helps readers draw their own conclusions as to the best way to resolve cultural conflict brought about by the growing global community. The book consists of fifteen chapters, authored or coauthored by 17 international scholars representing China, Germany, Israel, Iran, Japan, Latvia, Nigeria, Singapore, the United Kingdom, and the United States. The chapters are organized into four parts: Perspectives on Eastern and Western Religions; Press Freedom in Religious and Secular Societies; Journalism, Advertising, and Ethical Issues; and Religion, Politics, Media, and Human Rights. This important contribution will especially appeal to researchers and students in such fields as mass communications, legal studies, cultural studies, political science, religion, intercultural communications, international communications, and journalism.
The second volume of the definitive English edition of Ernst-Wolfgang Bockenforde's work, offering Anglophone scholars an introduction to the political and constitutional thought of one of Germany's leading contemporary theorists.
Security is a key topic of our time. But how do we understand it? Do law and religion take different views of it? In this fifth volume in the Law and Religion in Africa series, radicalisation, terrorism, blasphemy, hate speech, religious freedom and just war theories rub shoulders with issues of witchcraft, female genital mutilation circumcision, child marriage, displaced communities and additional issues besides. This unique collection of topics is both challenging and inspiring, providing illumination in troubled times, and forming a sound foundation for future scholarship.
This book provides a multidisciplinary and comparative look at the contemporary phenomenon of conscientious objection or contestation in the name of religion and examines the key issues that emerge in terms of citizenship and democracy. These are analysed by looking at the different ways of challenging or contesting a legal obligation on the grounds of religious beliefs and convictions. The authors focus on the meaning of conscientious objection which asserts the legitimacy of convictions – in particular religious convictions – in determining the personal or collective relevance of the law and of public action. The book begins by examining the main theoretical issues underlying conscientious objection, exploring the implications of the protection of freedom of conscience, the place of religion in the secular public sphere and the recognition and respect of ethical pluralism in society. It then focuses on the question of exemptions and contestations of civil norms, using a multidisciplinary approach to highlight the multiple and diverse issues surrounding them, as well as the motives behind them. This book will be of great interest to scholars, specialists and graduate and advanced undergraduate students who are interested in issues of religious diversity. Researchers and policymakers in think-tanks, NGOs and government units will find the volume useful in identifying key issues in understanding the phenomenon of conscientious objection and its implications in managing ethical diversity in contemporary societies.
Comparative law of religions has developed in recent years as a new discipline at the intersection of legal and religious science, of theology and anthropology. This book presents a systematic theoretical basis for this new discipline. While law is mostly associated with the state, many religions also have their own internal law. These internal legal norms are aimed at a particular form of behaviour on the part of believers. They therefore play a particular role in conflicts arising today between certain religious forms of behaviour. The comparison of the internal law of religions serves to establish and explain the commonalities and differences between various religious legal traditions. The religions examined here include: the law of Christian denominations, Jewish law, Islamic law, Hindu law, Buddhist law, and other religious legal systems. The work assesses six current approaches to the comparative law of religions, evaluating their strengths and weaknesses, leading to the development of a new approach. The book discusses the role of religious law in state law and looks to likely future developments. The work will be essential for those interested in the administration of justice and politics, for those professions where intercultural competence is required, and for interreligious dialogue.