Religious Liberty in Western and Islamic Law

Author: Kristine Kalanges
Publisher: Oxford University Press
ISBN: 0199930597
Format: PDF, Kindle
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In Religious Liberty in Western and Islamic Law: Toward a World Legal Tradition, Kristine Kalanges argues that differences between Western and Islamic legal formulations of religious freedom are attributable, in substantial part, to variations in their respective religious and intellectual histories. Kalanges suggests that while divergence between the two bodies of law challenges the characterization of religious liberty as a universal human right, the "dilemma of religious freedom" - the difficult choice between the universality of religious liberty rights and peaceful co-existence of diverse legal cultures - may yet be transformed through the cultivation of a world legal tradition. This argument is advanced through comparative analysis of human rights instruments from the Western and Muslim worlds, with attention to the legal-political processes by which religious and philosophical ideas have been institutionalized.

Transforming Religious Liberties

Author: S. I. Strong
Publisher: Cambridge University Press
ISBN: 1107179335
Format: PDF, ePub, Docs
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Religious liberties are at the centre of many debates on how liberal democratic societies can accommodate diversity. This book brings the issue of religious liberties into the broad context of international, comparative and jurisprudential principles. S. I. Strong proposes a new theoretical approach to religious liberty that both transcends and transforms current approaches to law and religion. Drawing on the historical ideas of legal and political philosophers including John Rawls, Ronald Dworkin and John Finnis, the text also tests the validity of new proposals against actual 'hard cases' generated through international, comparative and interdisciplinary analysis. Overcoming longstanding challenges to existing religious rights regimes and identifying a new analytical paradigm that specifically addresses the types of tensions that arise in religiously pluralist societies, Strong's goal is to create a system that both religious and non-religious people can support and thereby increase civic peace between individuals and groups.

Comparative International Law

Author: Anthea Roberts
Publisher: Oxford University Press
ISBN: 0190697571
Format: PDF, ePub, Mobi
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By definition, international law, once agreed upon and consented to, applies to all parties equally. It is perhaps the one area of law where cross-country comparison seems inappropriate, because all parties are governed by the same rules. However, as this book explains, states sometimes adhere to similar, and at other times, adopt different interpretations of the same international norms and standards. International legal rules are not a monolithic whole, but are the basis for ongoing contestation in which states set forth competing interpretations. International norms are interpreted and redefined by national executives, legislatures, and judiciaries. These varying and evolving interpretations can, in turn, change and impact the international rules themselves. These similarities and differences make for an important, but thus far, largely unexamined object of comparison. This is the premise for this book, and for what the editors call "comparative international law." This book achieves three objectives. The first is to show that international law is not a monolith. The second is to map the cross-country similarities and differences in international legal norms in different fields of international law, as well as their application and interpretation with regards to geographic differences. The third is to make a first and preliminary attempt to explain these differences. It is organized into three broad thematic sections, exploring: conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas. The chapters are authored by contributors who include leading international law and comparative law scholars with diverse backgrounds, experience, and perspectives.

The Ashgate Research Companion to Islamic Law

Author: Peri Bearman
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472403711
Format: PDF, ePub, Docs
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This unparalleled Companion provides a comprehensive and authoritative guide to Islamic law to all with an interest in this increasingly relevant and developing field. The volume presents classical Islamic law through a historiographical introduction to and analysis of Western scholarship, while key debates about hot-button issues in modern-day circumstances are also addressed. In twenty-one chapters, distinguished authors offer an overview of their particular specialty, reflect on past and current thinking, and point to directions for future research. The Companion is divided into four parts. The first offers an introduction to the history of Islamic law as well as a discussion of how Western scholarship and historiography have evolved over time. The second part delves into the substance of Islamic law. Legal rules for the areas of legal status, family law, socio-economic justice, penal law, constitutional authority, and the law of war are all discussed in this section. Part three examines the adaptation of Islamic law in light of colonialism and the modern nation state as well as the subsequent re-Islamization of national legal systems. The final section presents contemporary debates on the role of Islamic law in areas such as finance, the diaspora, modern governance, and medical ethics, and the volume concludes by questioning the role of Sharia law as a legal authority in the modern context. By outlining the history of Islamic law through a linear study of research, this collection is unique in its examination of past and present scholarship and the lessons we can draw from this for the future. It introduces scholars and students to the challenges posed in the past, to the magnitude of milestones that were achieved in the reinterpretation and revision of established ideas, and ultimately to a thorough conceptual understanding of Islamic law.

The Protections for Religious Rights

Author: Sir James Dingemans
Publisher: OUP Oxford
ISBN: 9780199660964
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A full and practical assessment of protection of religious rights in the UK and internationally, including evaluation of international instruments, and comparative perspectives from the US, Canada, South Africa, Australia, India, Ireland, New Zealand, and Turkey, as well as appendices full of key legal material.

God s Joust God s Justice

Author: John Witte
Publisher: Wm. B. Eerdmans Publishing
ISBN: 0802844219
Format: PDF, ePub, Mobi
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There are three things that people will die for -- their faith, their freedom, and their family. This volume focuses on all three, including the interactions among them, in the Western tradition and today. Retrieving and reconstructing a wealth of material from the earliest Hebrew and Greek texts of the West to the latest machinations of the Supreme Court, John Witte explores the legal and theological foundations of authority and liberty, equality and dignity, rights and duties, marriage and family, crime and punishment, and similar topics. God's Joust, God's Justice is a lucid scholarly introduction to the burgeoning field of law and religion and a learned historical inquiry into the weightier matters of the law.

Shari a in the West

Author: Nicholas Aroney
Publisher: Oxford University Press, USA
ISBN: 0199582912
Format: PDF, ePub, Docs
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Leading scholars from a range of countries and academic disciplines, and representing different political viewpoints and faith traditions, explore the complex issues surrounding the legal recognition of religious faith in a multicultural society.

Christianity and Law

Author: John Witte, Jr.
Publisher: Cambridge University Press
ISBN: 0521874629
Format: PDF, ePub, Docs
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An authoritative introduction to some of the main legal teachings of the Western Christian tradition.

Mixed Legal Systems East and West

Author: Vernon Valentine Palmer
Publisher: Routledge
ISBN: 1317095375
Format: PDF, Mobi
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Advancing legal scholarship in the area of mixed legal systems, as well as comparative law more generally, this book expands the comparative study of the world’s legal families to those of jurisdictions containing not only mixtures of common and civil law, but also to those mixing Islamic and/or traditional legal systems with those derived from common and/or civil law traditions. With contributions from leading experts in their fields, the book takes us far beyond the usual focus of comparative law with analysis of a broad range of countries, including relatively neglected and under-researched areas. The discussion is situated within the broader context of the ongoing development and evolution of mixed legal systems against the continuing tides of globalization on the one hand, and on the other hand the emergence of Islamic governments in some parts of the Middle East, the calls for a legal status for Islamic law in some European countries, and the increasing focus on traditional and customary norms of governance in post-colonial contexts. This book will be an invaluable source for students and researchers working in the areas of comparative law, legal pluralism, the evolution of mixed legal systems, and the impact of colonialism on contemporary legal systems. It will also be an important resource for policy-makers and analysts.