law state and religion in the new europe debates and dilemmas

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Law State And Religion In The New Europe

Author : Lorenzo Zucca
ISBN : 9781139504034
Genre : Law
File Size : 39. 21 MB
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The return of religion to the public sphere raises various dilemmas. Rights and values, pluralism and identity, justice and efficacy, autonomy and tradition, and integration and toleration cannot always be balanced without the loss of something valuable. This volume of essays tackles such dilemmas from two perspectives. To begin, major contemporary theorists rethink the place of religion in the public sphere from republican, liberal and critical-theoretical viewpoints. Contributors then bring together theory and practice to better conceptualize and assess the latest developments in European jurisprudence with respect to religion.

Religious Freedom In The Liberal State

Author : Rex Ahdar
ISBN : 9780191648717
Genre : Law
File Size : 42. 46 MB
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Examining the law and public policy relating to religious liberty in Western liberal democracies, this book contains a detailed analysis of the history, rationale, scope, and limits of religious freedom from (but not restricted to) an evangelical Christian perspective. Focussing on United Kingdom, the United States, Canada, New Zealand, Australia, and EU, it studies the interaction between law and religion at several different levels, looking at the key debates that have arisen. Divided into three parts, the book begins by contrasting the liberal and Christian rationales for and understandings of religious freedom. It then explores central thematic issues: the types of constitutional frameworks within which any right to religious exercise must operate; the varieties of paradigmatic relationships between organized religion and the state; the meaning of 'religion'; the limitations upon individual and institutional religious behaviour; and the domestic and international legal mechanisms that have evolved to address religious conduct. The final part explores key subject areas where current religious freedom controversies have arisen: employment; education; parental rights and childrearing; controls on pro-religious and anti-religious expression; medical treatment; and religious group (church) autonomy. This new edition is fully updated with the growing case law in the area, and features increased coverage of Islam and the flashpoint debates surrounding the accommodation of Muslim beliefs and practices in Anglophone nations.

Religion In A Liberal State

Author : Gavin D’Costa Malcolm Evans Tariq Modood and Julian Rivers
ISBN : 9781107425514
Genre :
File Size : 40. 63 MB
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Religion In A Liberal State

Author : Gavin D'Costa
ISBN : 9781107042032
Genre : Political Science
File Size : 38. 70 MB
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Leading authors in politics, law, sociology and theology discuss what the proper place of religion is in a liberal state.

The Oic The Un And Counter Terrorism Law Making

Author : Katja LH Samuel
ISBN : 9781782253037
Genre : Law
File Size : 41. 10 MB
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The increasingly transnational nature of terrorist activities compels the international community to strengthen the legal framework in which counter-terrorism activities should occur at every level, including that of intergovernmental organizations. This unique, timely, and carefully researched monograph examines one such important yet generally under-researched and poorly understood intergovernmental organization, the Organization of Islamic Cooperation ('OIC', formerly the Organization of the Islamic Conference). In particular, it analyses in depth its institutional counter-terrorism law-making practice, and the relationship between resultant OIC law and comparable UN norms in furtherance of UN Global Counter-Terrorism Stategy goals. Furthermore, it explores two common (mis)assumptions regarding the OIC, namely whether its internal institutional weaknesses mean that its law-making practice is inconsequential at the intergovernmental level; and whether its self-declared Islamic objectives and nature are irrelevant to its institutional practice or are instead reflected within OIC law. Where significant normative tensions are discerned between OIC law and UN law, the monograph explores not only whether these may be explicable, at least in part, by the OIC's Islamic nature, and objectives, but also whether their corresponding institutional legal orders are conflicting or cooperative in nature, and the resultant implications of these findings for international counter-terrorism law- and policy-making. This monograph is expected to appeal especially to national and intergovernmental counter-terrorism practitioners and policy-makers, as well as to scholars concerned with the interaction between international and Islamic law norms. From the Foreword by Professor Ben Saul, The University of Sydney Dr Samuels book must be commended as an original and insightful contribution to international legal scholarship on the OIC, Islamic law, international law, and counter-terrorism. It fills significant gaps in legal knowledge about the vast investment of international and regional effort that has gone into the global counter-terrorism enterprise over many decades, and which accelerated markedly after 9/11. The scope of the book is ambitious, its subject matter is complex, and its sources are many and diverse. Dr Samuel has deployed an appropriate theoretical and empirical methodology, harnessed an intricate knowledge of the field, and brought a balanced judgement to bear, to bring these issues to life.

Religion And Politics In Post Socialist Central And Southeastern Europe

Author : Sabrina P. Ramet
ISBN : STANFORD:36105212534825
Genre : History
File Size : 55. 36 MB
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Since the crash of communism in Central and Southeastern Europe in 1989, almost everything in the region has changed – from politics to economics to popular culture to religion. There have been new challenges to confront and new dilemmas. This volume examines the political engagement of religious associations in the post-socialist countries of Central and Southeastern Europe, with a focus on disputes about property restitution, revelations about the collaboration of clergy with the communist-era secret police, intolerance, and controversies about the inclusion of religious instruction in the schools. Each of the countries in the region is analyzed with research grounded in on-site interviews, as well as extensive use of literature in local and Western languages.

A Secular Europe

Author : Lorenzo Zucca
ISBN : 9780199592784
Genre : Law
File Size : 66. 81 MB
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The accommodation of diverse religious practices and laws within a secular framework is one of the most pressing and controversial problems facing contemporary European public order. In this provocative contribution to the subject, Lorenzo Zucca develops a new picture of what secularism means and how Europe can reconcile its religious diversity.

Religion Secularism And Constitutional Democracy

Author : Jean L. Cohen
ISBN : 9780231540735
Genre : Religion
File Size : 78. 5 MB
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Polarization between political religionists and militant secularists on both sides of the Atlantic is on the rise. Critically engaging with traditional secularism and religious accommodationism, this collection introduces a constitutional secularism that robustly meets contemporary challenges. It identifies which connections between religion and the state are compatible with the liberal, republican, and democratic principles of constitutional democracy and assesses the success of their implementation in the birthplace of political secularism: the United States and Western Europe. Approaching this issue from philosophical, legal, historical, political, and sociological perspectives, the contributors wage a thorough defense of their project’s theoretical and institutional legitimacy. Their work brings fresh insight to debates over the balance of human rights and religious freedom, the proper definition of a nonestablishment norm, and the relationship between sovereignty and legal pluralism. They discuss the genealogy of and tensions involving international legal rights to religious freedom, religious symbols in public spaces, religious arguments in public debates, the jurisdiction of religious authorities in personal law, and the dilemmas of religious accommodation in national constitutions and public policy when it violates international human rights agreements or liberal-democratic principles. If we profoundly rethink the concepts of religion and secularism, these thinkers argue, a principled adjudication of competing claims becomes possible.

Dilemmas Of Democracy And Dictatorship

Author : Michael Radu
ISBN : 1412821711
Genre : Political Science
File Size : 51. 79 MB
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The phenomenon of globalization applies to political violence as well as to more benign aspects of life. Most people in the West, as well as the Third World, politicians and media included, are still missing this point. As a result, they are failing to adapt to the new realities--unlike their enemies. Dilemmas of Democracy and Dictatorship is a collection of essays Radu has published over the past decade. Some are opinion pieces; others are academic articles. The topics include political violence and terrorism in general, and in specific areas--Latin America, the Balkans, Turkey, Sub-Saharan Africa, Western and Eastern Europe. Radu discusses the causes and methods of contemporary terrorism, the process of state decay in some African countries, and mentalities and absurdities in Latin and Balkan politics. He also points out Western European illusions, delusions, and attitudes, and reviews American policy and confusion in dealing with the Third World. At times the analysis is political, other times military, and often it is sociological or psychological. In the author's words he is "always politically incorrect." The approach is multidisciplinary. What ties these disparate essays together is Radu's personal experience--both as a field researcher and in a few cases as a participant in ongoing events, and his personal idiosyncrasies, opinions, and perception of areas visited. These essays clearly demonstrate that in the face of globalization the world is not a village but a conglomerate of differences. This volume will be of particular interest to students of political violence, insurgency/guerrilla warfare, and Third World politics, journalists, and policymakers. Michael S. Radu is senior fellow and co-chairman of the Center on Terrorism at the Foreign Policy Research Institute in Philadelphia. Educated in communist Romania and at Columbia University, he has taught in the United States and South Africa. He has traveled to over forty countries doing research on local politics and political violence and has served as electoral observer in four countries, including as a UN observer in Cambodia. He is the author or editor of ten books.

Religious Actors And International Law

Author : Ioana Cismas
ISBN : 9780191021893
Genre : Law
File Size : 56. 27 MB
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This book assesses whether a new category of religious actors has been constructed within international law. Religious actors, through their interpretations of the religion(s) they are associated with, uphold and promote, or indeed may transform, potentially oppressive structures or discriminatory patterns. This study moves beyond the concern that religious texts and practices may be incompatible with international law, to provide an innovative analysis of how religious actors themselves are accountable under international law for the interpretations they choose to put forward. The book defines religious actors as comprising religious states, international organizations, and non-state entities that assume the role of interpreting religion and so claim a 'special' legitimacy anchored in tradition or charisma. Cutting across the state / non-state divide, this definition allows the full remit of religious bodies to be investigated. It analyses the crucial question of whether religious actors do in fact operate under different international legal norms to non-religious states, international organizations, or companies. To that end, the Holy See-Vatican, the Organization of Islamic Cooperation, and churches and religious organizations under the European Convention on Human Rights regime are examined in detail as case studies. The study ultimately establishes that religious actors cannot be seen to form an autonomous legal category under international law: they do not enjoy special or exclusive rights, nor incur lesser obligations, when compared to their respective non-religious peers. Going forward, it concludes that a process of two-sided legitimation may be at stake: religious actors will need to provide evidence for the legality of their religious interpretations to strengthen their legitimacy, and international law itself may benefit from religious actors fostering its legitimacy in different cultural contexts.

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