Religious Rules, State Law, and Normative Pluralism - A Comparative Overview

ISBN-13: 9783319283333 / Angielski / Twarda / 2016 / 420 str.

Rossella Bottoni; Rinaldo Cristofori; Silvio Ferrari

Opis

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.

Spis treści

Religious Rules and Legal Pluralism - An Introduction; Silvio Ferrari.- State Norms, Religious Norms, and Claims of Plural Normativity under Democratic Constitutions; Michele Graziadei.- Anthropological Perspectives on the Normative and Institutional Recognition of Religion by the Law of the State; Martin Ramstedt.- Legal Pluralism: Freedom of Religion, Exemptions and Equality of Citizens; Bryan S. Turner.- Applicable Religious Rules According to Austrian Law; Wolfgang Wieshaider.- Religious Rules and Principles in Belgian Law; Louis-Léon Christians and Adriaan Overbeeke.- The Relation between Religion and State in Brazilian Law; Jane Reis Gonçalves Pereira.- The Colombian Legal System: Applicable Religious Rules; Vicente Prieto.- Estonia: Religious Rules and State Law; Merilin Kiviorg.- La France Face À Ses Religions; Jacques Robert.- The Interplay between State Law and Religious Law in Germany; Ino Augsberg and Stefan Korioth.- Borders of Religious Authonomy in Hungary; Balázs Schanda.- Application of Religious Law in A Multi-Religion Nation State. The Israeli Model; Asher Maoz.- Modifications Et Contradictions De La Réalité Socioreligieuse En Italie. Profiles Juridiques Et Sociales; Roberto Mazzola.- Legal Pluralism and Conflicts in Malaysia: The Challenge of Embracing Diversity; Nurjaanah Chew Li Hua.- The Status and Implementation of Islamic Law in Malaysia; Mohamed Azam Mohamed Adil - Nisar Mohammad Ahmad.- Religious Rules and the Law of the Dutch State; Sophie van Bijsterveld.- Portugal. Religious Rules and State Law; Paulo Adragão - Anabela Leão.- L’application Des Règles Religieuses Dans Le Système Juridique Du Québec; Jabeur Fathally.- Managing Religion through “Religious Harmony”: The Case of Singapore; Arif A. Jamal.- Religion and the Constitutional Experience of South Africa; Pieter Coertzen.- Striking the Balance between Religious Rules and State Law: Spain; Javier Martínez-Torrón.- Religion and Law in the UK – An English Perspective On Applicable Religious Rules According To The Law Of The State; Søren Holm and Javier García Oliva.- Conclusion: In Pursuit of Pluralism; Russell Sandberg.- Appendix.