Law and Religion

ISBN-13: 9781840147575 / Angielski / Miękka / 2000 / 556 str.

Opis

The global resurgence of religion in the latter part of the twentieth century contradicts the supposed inevitability of the secularization process. Modernization was meant to spell the decline of religion. Instead, as distinguished sociologist of religion, Peter Berger, noted recently, 'secularization theory has been falsifieda The world today is massively religious and it is anything but the secularized world that had been predicted by many analysts of modernity.' The major world religions, particularly in their conservative, orthodox or traditionalist forms-as well as multifarious new religious movements-are making increasingly difficult claims upon modern democratic states. Fundamental liberal concepts of tolerance and neutrality are receiving renewed and critical scrutiny in the wake of such claims. As the new millennium commences this volume explores a range of topics concerning the complex interaction between law and religion. What evidence concerning 'cults' should be admitted in trials involving minority religious groups? Are blasphemous works of art the lawa s concern? What is the likely impact of the new UK Human Rights Act 1998 upon religious organizations? To what extent does the the United Nations advance religious freedom. Can one learn much from the morass of American cases on religion? Scholars from the United Kingdom, the United States, The Netherlands and Australasia expose the recurrent dilemmas and tensions in this field and analyze important issues of religious freedom and courtsa treatment of religious controversy. The European and American approaches to religious liberty are highlighted as is the international dimension to religious rights."

Recenzje

'In addition to the insights provided by the individual chapters, the collection as a whole has much to offer...' Ecclesiastical Law Journal '...a diverse, intelligent and instructive collection...merits inclusion in any scholarly library.' Law and Politics Book Review

Spis treści

Contents: Series preface; Introduction; Part I Religions as Sources of Human Rights: The morality of human rights: a nonreligious ground?, Michael J. Perry; The metaphorical reciprocity between theology and law, Paul Lehmann; From the trial of Adam and Eve to the judgements of Solomon and Daniel, Daniel Friedmann; Christian natural law: the spirit and method of, Giovanni Ambrosetti; Religious foundations of law in the West: an historical perspective, Harold J. Berman; Law and religion in contemporary Islam, Noel J. Coulson; Characteristic features of Islamic law: perceptions and misconceptions, Mahdi Zahraa. Part II Religions as Traditions of Law: Obligation: a Jewish jurisprudence of the social order, Robert M. Cover; The Chinese conceptions of law: Confucian, legalist and Buddhist, Luke T. Lee and Whalen W. Lai; Hindu conceptions of law, Ludo Rocher; A conversation with Tibetans? Reconsidering the relationship between religious beliefs and secular legal discourse, Rebecca R. French; Consensus and suspicion: judicial reasoning and social change in an Indonesian society 1960-1994, John R. Bowen; Cultured technology: the internet and religious fundamentalism, Karine Barzilai-Nahon and Gad Barzilai. Part III Religions and Human Rights: Conflicts: Female circumcision: religious practice v. human rights violation, Jessica A. Platt; Behind the veil: women's rights in Islamic societies, Nayer Honarvar; Rights, religion and community: approaches to violence against women in the context of globalization, Sally Engel Merry; Nomos and narrative, Robert M. Cover; Disorderly differences: recognition, accommodation, and American law, Austin Sarat and Roger Berkowitz; Are human rights universal?, Shashi Tharoor; Name index.

O autorze

Gad Barzilai is Professor of International Studies, Law and Political Science, trained mainly in law & political science. He is currently based at the Jackson School of International Studies & Comparative Law and Society Studies Center in the University of Washington, USA. His previous book was awarded the Best Book Prize by the Association of Israel Studies. Barzilai has published more than 110 articles and sixteen books and edited volumes in leading journals and publishing houses. He has offered perspectives and theories for better understanding of law, politics, and dispute resolution. He is now working on developing a macro theory on law and politics in global comparative history. Barzilai is on the Board of Trustees of the Law and Society Association, served at the Board of the American Journal of Political Science, and was the Founding Director of the International Dan David Prize.