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Author: Eoin Daly
Publisher:
ISBN: 9781905536498
Category : Church and state
Languages : en
Pages : 0
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Book Description
Religion features prominently in Irish history and politics. Its peculiar legal status represents one of the distinctive features of the Irish constitutional tradition. The 1937 Constitution accords religion a central position as an anchoring point of Ireland's national identity, yet also includes ostensibly strong guarantees of freedom of conscience and religion, and of equality on religious grounds, that are typical of liberal-democratic constitutional systems. It synthesizes competing theories and models, tentatively affirming religion's public status, yet committing it to the private sphere for most purposes. For the most part, the historically close relationship between the State and the Catholic Church found no clear mandate in the constitutional text, which, contrary to prevailing perceptions, imposes a limited form of Church-State separation - although the exact boundaries it imposes remain unclear. More specifically, the legal principles and doctrines relating to religious practice are ambiguous and underdeveloped, particularly in issues surrounding religious freedom and denominational autonomy. The extent to which the Constitution protects religious activity from State interference has never been decisively resolved; additionally, constitutional considerations underlie resurgent contemporary controversies in the field of Church and State - particularly in the recent public debate on the role of religion in schools. Accordingly, Religion, Law and the Irish State examines the constitutional framework governing State and religion in the broader context of the history, politics, and theory of the Church-State relationship. From a lawyer's perspective, the book provides an account of the case law and doctrine in specific areas, including religious freedom, religious equality, denominational autonomy, and Church-State separation, while also giving these subjects a comparative and theoretical treatment. For those approaching Church and State from different perspectives - including historians, political scientists, sociologists, and theologians - it offers an accessible and contextual account of the constitutional dimensions of the State-religion relationship. It explores the constitutional provisions as an expression of, but also a potential fetter upon, the evolving social and political role of religion.
Author: Eoin Daly
Publisher:
ISBN: 9781905536498
Category : Church and state
Languages : en
Pages : 0
Get Book Here
Book Description
Religion features prominently in Irish history and politics. Its peculiar legal status represents one of the distinctive features of the Irish constitutional tradition. The 1937 Constitution accords religion a central position as an anchoring point of Ireland's national identity, yet also includes ostensibly strong guarantees of freedom of conscience and religion, and of equality on religious grounds, that are typical of liberal-democratic constitutional systems. It synthesizes competing theories and models, tentatively affirming religion's public status, yet committing it to the private sphere for most purposes. For the most part, the historically close relationship between the State and the Catholic Church found no clear mandate in the constitutional text, which, contrary to prevailing perceptions, imposes a limited form of Church-State separation - although the exact boundaries it imposes remain unclear. More specifically, the legal principles and doctrines relating to religious practice are ambiguous and underdeveloped, particularly in issues surrounding religious freedom and denominational autonomy. The extent to which the Constitution protects religious activity from State interference has never been decisively resolved; additionally, constitutional considerations underlie resurgent contemporary controversies in the field of Church and State - particularly in the recent public debate on the role of religion in schools. Accordingly, Religion, Law and the Irish State examines the constitutional framework governing State and religion in the broader context of the history, politics, and theory of the Church-State relationship. From a lawyer's perspective, the book provides an account of the case law and doctrine in specific areas, including religious freedom, religious equality, denominational autonomy, and Church-State separation, while also giving these subjects a comparative and theoretical treatment. For those approaching Church and State from different perspectives - including historians, political scientists, sociologists, and theologians - it offers an accessible and contextual account of the constitutional dimensions of the State-religion relationship. It explores the constitutional provisions as an expression of, but also a potential fetter upon, the evolving social and political role of religion.
Author: Kevin Costello
Publisher: Springer Nature
ISBN: 303074373X
Category : Law
Languages : en
Pages : 404
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Book Description
This book focuses, from a legal perspective, on a series of events which make up some of the principal episodes in the legal history of religion in Ireland: the anti-Catholic penal laws of the late seventeenth and early eighteenth century; the shift towards the removal of disabilities from Catholics and dissenters; the dis-establishment of the Church of Ireland; and the place of religion, and the Catholic Church, under the Constitutions of 1922 and 1937.
Author: Kathryn O’Sullivan
Publisher: Kluwer Law International B.V.
ISBN: 9403517387
Category : Religion
Languages : en
Pages : 223
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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient resource provides systematic information on how Ireland deals with the role religion plays or can play in society, the legal status of religious communities and institutions, and the legal interaction among religion, culture, education, and media. After a general introduction describing the social and historical background, the book goes on to explain the legal framework in which religion is approached. Coverage proceeds from the principle of religious freedom through the rights and contractual obligations of religious communities; international, transnational, and regional law effects; and the legal parameters affecting the influence of religion in politics and public life. Also covered are legal positions on religion in such specific fields as church financing, labour and employment, and matrimonial and family law. A clear and comprehensive overview of relevant legislation and legal doctrine make the book an invaluable reference source and very useful guide. Succinct and practical, this book will prove to be of great value to practitioners in the myriad instances where a law-related religious interest arises in Ireland. Academics and researchers will appreciate its value as a thorough but concise treatment of the legal aspects of diversity and multiculturalism in which religion plays such an important part.
Author: Gustave de Beaumont
Publisher: Harvard University Press
ISBN: 0674031113
Category : History
Languages : en
Pages : 444
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Book Description
Paralleling his friend Alexis de Tocqueville's visit to America, Gustave de Beaumont traveled through Ireland in the mid-1830s to observe its people and society. In Ireland, he chronicles the history of the Irish and offers up a national portrait on the eve of the Great Famine. Published to acclaim in France, Ireland remained in print there until 1914. The English edition, translated by William Cooke Taylor and published in 1839, was not reprinted. In a devastating critique of British policy in Ireland, Beaumont questioned why a government with such enlightened institutions tolerated such oppression. He was scathing in his depiction of the ruinous state of Ireland, noting the desperation of the Catholics, the misery of repeated famines, the unfair landlord system, and the faults of the aristocracy. It was not surprising the Irish were seen as loafers, drunks, and brutes when they had been reduced to living like beasts. Yet Beaumont held out hope that British liberal reforms could heal Ireland's wounds. This rediscovered masterpiece, in a single volume for the first time, reproduces the nineteenth-century Taylor translation and includes an introduction on Beaumont and his world. This volume also presents Beaumont's impassioned preface to the 1863 French edition in which he portrays the appalling effects of the Great Famine. A classic of nineteenth-century political and social commentary, Beaumont's singular portrait offers the compelling immediacy of an eyewitness to history.
Author: Heiner Bielefeldt
Publisher: Oxford University Press
ISBN: 0198703988
Category : Law
Languages : en
Pages : 701
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Book Description
This commentary on freedom of religion or belief provides a comprehensive overview of the pressing issues of freedom of religion or belief from an international law perspective.
Author: Derek Davis
Publisher: OUP USA
ISBN: 0195326245
Category : Language Arts & Disciplines
Languages : en
Pages : 592
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Book Description
21 essays present a scholarly look at the intricacies and past and current debates that frame the American system of church and state, within 5 main areas: history, politics, sociology theology/philosophy and law.
Author: Steven K. Green
Publisher: Cornell University Press
ISBN: 1501762087
Category : Religion
Languages : en
Pages : 330
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Book Description
Steven K. Green, renowned for his scholarship on the separation of church and state, charts the career of the concept and helps us understand how it has fallen into disfavor with many Americans. In 1802, President Thomas Jefferson distilled a leading idea in the early American republic and wrote of a wall of separation between church and state. That metaphor has come down from Jefferson to twenty-first-century Americans through a long history of jurisprudence, political contestation, and cultural influence. This book traces the development of the concept of separation of church and state and the Supreme Court's application of it in the law. Green finds that conservative criticisms of a separation of church and state overlook the strong historical and jurisprudential pedigree of the idea. Yet, arguing with liberal advocates of the doctrine, he notes that the idea remains fundamentally vague and thus open to loose interpretation in the courts. As such, the history of a wall of separation is more a variable index of American attitudes toward the forces of religion and state. Indeed, Green argues that the Supreme Court's use of the wall metaphor has never been essential to its rulings. The contemporary battle over the idea of a wall of separation has thus been a distraction from the real jurisprudential issues animating the contemporary courts.
Author: John D. Brewer
Publisher: Oxford University Press, USA
ISBN: 0199694028
Category : Family & Relationships
Languages : en
Pages : 270
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Book Description
Religion is traditionally portrayed as nothing but trouble in Ireland, but the churches played a key role in Northern Ireland's peace process. This study challenges many existing assumptions about the peace process, drawing on four years of interviewing with those involved, including church leaders, politicians, and paramilitary members.
Author: Maeve Brigid Callan
Publisher: Cornell University Press
ISBN: 0801471982
Category : History
Languages : en
Pages : 305
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Book Description
Early medieval Ireland is remembered as the "Land of Saints and Scholars," due to the distinctive devotion to Christian faith and learning that permeated its culture. As early as the seventh century, however, questions were raised about Irish orthodoxy, primarily concerning Easter observances. Yet heresy trials did not occur in Ireland until significantly later, long after allegations of Irish apostasy from Christianity had sanctioned the English invasion of Ireland. In The Templars, the Witch, and the Wild Irish, Maeve Brigid Callan analyzes Ireland's medieval heresy trials, which all occurred in the volatile fourteenth century. These include the celebrated case of Alice Kyteler and her associates, prosecuted by Richard de Ledrede, bishop of Ossory, in 1324. This trial marks the dawn of the "devil-worshipping witch" in European prosecutions, with Ireland an unexpected birthplace.Callan divides Ireland’s heresy trials into three categories. In the first stand those of the Templars and Philip de Braybrook, whose trial derived from the Templars’, brought by their inquisitor against an old rival. Ledrede’s prosecutions, against Kyteler and other prominent Anglo-Irish colonists, constitute the second category. The trials of native Irishmen who fell victim to the sort of propaganda that justified the twelfth-century invasion and subsequent colonization of Ireland make up the third. Callan contends that Ireland’s trials resulted more from feuds than doctrinal deviance and reveal the range of relations between the English, the Irish, and the Anglo-Irish, and the church’s role in these relations; tensions within ecclesiastical hierarchy and between secular and spiritual authority; Ireland’s position within its broader European context; and political, cultural, ethnic, and gender concerns in the colony.
Author: Corwin E. Smidt
Publisher: Oxford University Press
ISBN: 0190657871
Category : Political Science
Languages : en
Pages : 599
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Book Description
Over the past three decades, the study of religion and politics has gone from being ignored by the scholarly 7ommunity to being a major focus of research. Yet, because this important research is not easily accessible to nonspecialists, much of the analysis of religion's role in the political arena that we read in the media is greatly oversimplified. This Handbook seeks to bridge that gap by examining the considerable research that has been conducted to this point and assessing what has been learned, what remains unsettled due to conflicting research findings, and what important questions remain largely unaddressed by current research endeavors. The Handbook is unique to the field of religion and American politics and should be of wide interest to scholars, students, journalists, and others interested in the American political scene.
