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Author: Paula Montero
Publisher: Springer Nature
ISBN: 3031419812
Category : Law
Languages : en
Pages : 234
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Book Description
This book represents a unique contribution to understanding the interactions between law and religion in contemporary Brazil. It analyzes how the regulation of religions according to the classical notion of secularism has become a source of tensions since the 1990s. Against this background, the respective chapters demonstrate, on the basis of various case studies, how the constitutional principle of pluralism, introduced by the 1988 federal constitution after a military dictatorship, has been addressed by new political actors, such as religious leaders, parliamentarians, influencers, state representatives, and activists. In particular, the chapters demonstrate how the mobilization of legal language, notably the language of human rights, has become fundamental to developing and consolidating new political agendas concerning secularism, tolerance, freedom of expression, gender and sexuality, family, and cultural heritage. In the authors’ approach, human rights assume a central role in social disputes as a language in which actors constitute themselves as rights subjects, form activist networks, and pursue their goals by expressing themselves in public. Given its focus and scope, the book will be of interest to all scholars seeking to understand the relationships between diversity and the regulation of religious practices in plural societies, where the classical notion of secularism continues to show its limitations.
Author: Paula Montero
Publisher: Springer Nature
ISBN: 3031419812
Category : Law
Languages : en
Pages : 234
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Book Description
This book represents a unique contribution to understanding the interactions between law and religion in contemporary Brazil. It analyzes how the regulation of religions according to the classical notion of secularism has become a source of tensions since the 1990s. Against this background, the respective chapters demonstrate, on the basis of various case studies, how the constitutional principle of pluralism, introduced by the 1988 federal constitution after a military dictatorship, has been addressed by new political actors, such as religious leaders, parliamentarians, influencers, state representatives, and activists. In particular, the chapters demonstrate how the mobilization of legal language, notably the language of human rights, has become fundamental to developing and consolidating new political agendas concerning secularism, tolerance, freedom of expression, gender and sexuality, family, and cultural heritage. In the authors’ approach, human rights assume a central role in social disputes as a language in which actors constitute themselves as rights subjects, form activist networks, and pursue their goals by expressing themselves in public. Given its focus and scope, the book will be of interest to all scholars seeking to understand the relationships between diversity and the regulation of religious practices in plural societies, where the classical notion of secularism continues to show its limitations.
Author: Dawid Bunikowski
Publisher: Springer Nature
ISBN: 3030354849
Category : Law
Languages : en
Pages : 301
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Book Description
This book examines the relation between religion and jurisprudence, God, and peace respectively. It argues that in order to elucidate the possible role religion can play in the contemporary world, it is useful to analyse religion by associating it with other concepts. Why peace? Because peace is probably the greatest promise made by religions and the greatest concern in the contemporary world. Why jurisprudence? Because, quoting Kelsen’s famous book "Peace through Law", peace is usually understood as something achievable by international legal instruments. But what if we replace "Peace through Law" with "Peace through Religion"? Does law, as an instrument for achieving peace, incorporate a religious dimension? Is law, ultimately, a religious and normative construction oriented to peace, to the protection of humanity, in order to keep humans from the violence of nature? Is the hope for peace rational, or just a question of faith? Is religion itself a question of faith or a rational choice? Is the relatively recent legal concept of “responsibility to protect” a secular expression of the oldest duty of humankind? The book follows the structure of interdisciplinary research in which the international legal scholar, the moral philosopher, the philosopher of religion, the theologian, and the political scientist contribute to the construction of the necessary bridges. Moreover, it gives voice to different monotheistic traditions and, more importantly, it analyses religion in the various dimensions in which it determines the authors' cultures: as a set of rituals, as a source of moral norms, as a universal project for peace, and as a political discourse.
Author: Peter R. Kingstone
Publisher: University of Pittsburgh Pre
ISBN: 9780822972075
Category : Political Science
Languages : en
Pages : 364
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Book Description
After 21 years of military rule, Brazil returned to democracy in 1985. Over the past decade and a half, Brazilians in the Nova Repœblica (New Republic) have struggled with a range of diverse challenges that have tested the durability and quality of the young democracy. How well have they succeeded? To what extent can we say that Brazilian democracy has consolidated? What actors, institutions, and processes have emerged as most salient over the past 15 years? Although Brazil is Latin America's largest country, the world's third largest democracy, and a country with a population and GNP larger than Yeltsin's Russia, more than a decade has passed since the last collaborative effort to examine regime change in Brazil, and no work in English has yet provided a comprehensive appraisal of Brazilian democracy in the period since 1985. Democratic Brazil: Actors, Institutions, and Processes analyzes Brazilian democracy in a comprehensive, systematic fashion, covering the full period of the New Republic from Presidents Sarney to Cardoso. Democratic Brazil brings together twelve top scholars, the "next generation of Brazilianists," with wide-ranging specialties including institutional analysis, state autonomy, federalism and decentralization, economic management and business-state relations, the military, the Catholic Church and the new religious pluralism, social movements, the left, regional integration, demographic change, and human rights and the rule of law. Each chapter focuses on a crucial process or actor in the New Republic, with emphasis on its relationship to democratic consolidation. The volume also contains a comprehensive bibliography on Brazilian politics and society since 1985. Prominent Brazilian historian Thomas Skidmore has contributed a foreword to the volume. Democratic Brazil speaks to a wide audience, including Brazilianists, Latin Americanists generally, students of comparative democratization, as well as specialists within the various thematic subfields represented by the contributors. Written in a clear, accessible style, the book is ideally suited for use in upper-level undergraduate courses and graduate seminars on Latin American politics and development.
Author: Lauren Benton
Publisher: NYU Press
ISBN: 0814708188
Category : Law
Languages : en
Pages : 325
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Book Description
This wide-ranging volume advances our understanding of law and empire in the early modern world. Distinguished contributors expose new dimensions of legal pluralism in the British, French, Spanish, Portuguese, and Ottoman empires. In-depth analyses probe such topics as the shifting legal privileges of corporations, the intertwining of religious and legal thought, and the effects of clashing legal authorities on sovereignty and subjecthood. Case studies show how a variety of individuals engage with the law and shape the contours of imperial rule. The volume reaches from Peru to New Zealand to Europe to capture the varieties and continuities of legal pluralism and to probe the analytic power of the concept of legal pluralism in the comparative study of empires. For legal scholars, social scientists, and historians, Legal Pluralism and Empires, 1500-1850 maps new approaches to the study of empires and the global history of law.
Author: Courtney Bender
Publisher: Columbia University Press
ISBN: 0231527268
Category : Religion
Languages : en
Pages : 353
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Book Description
The contributors to this volume treat pluralism as a concept that is historically and ideologically produced or, put another way, as a doctrine that is embedded within a range of political, civic, and cultural institutions. Their critique considers how religious difference is framed as a problem that only pluralism can solve. Working comparatively across nations and disciplines, the essays in After Pluralism explore pluralism as a "term of art" that sets the norms of identity and the parameters of exchange, encounter, and conflict. Contributors locate pluralism's ideals in diverse sites Broadway plays, Polish Holocaust memorials, Egyptian dream interpretations, German jails, and legal theories and demonstrate its shaping of political and social interaction in surprising and powerful ways. Throughout, they question assumptions underlying pluralism's discourse and its influence on the legal decisions that shape modern religious practice. Contributors do more than deconstruct this theory; they tackle what comes next. Having established the genealogy and effects of pluralism, they generate new questions for engaging the collective worlds and multiple registers in which religion operates.
Author: Rodrigo Vitorino Souza Alves
Publisher: Springer Nature
ISBN: 3030467171
Category : Law
Languages : en
Pages : 169
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Book Description
This book makes a valuable contribution to the fascinating global debate on the meaning and scope of freedom of religion or belief and the relations between state, society and religion. It offers a cross-thematic approach to law and religion from the Global South. Law and religion have been consolidated to form a specific area of study in recent years. However, due to language barriers, most of the regional and national debates within Latin America have not been accessible to interested audiences from other parts of the world. Despite the specificities of the Latin American context, the issues, arrangements and processes that have been negotiated and developed in this part of the Global South make a valuable contribution to addressing the challenges that have arisen in other regions. The book analyses the intersections and interactions between religion and other far-reaching subjects such as politics and democracy, traditional cultures, national and ethnic groups, majorities and minorities, public education, management of diversity, intolerance and violence, as well as secularism and equality. The collection of essays is of interest not only to legal scholars and practitioners, but also to sociologists, political scientists and theologians, as well as to policymakers and civil society organizations.
Author: Jean L. Cohen
Publisher: Columbia University Press
ISBN: 0231540736
Category : Religion
Languages : en
Pages : 465
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Book Description
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.
Author: Bettina Schmidt
Publisher: BRILL
ISBN: 9004322132
Category : Religion
Languages : en
Pages : 566
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Book Description
The Brill Handbook of Contemporary Religions in Brazil provides an unprecedented overview of Brazil’s religious landscape. It offers a full, balanced and contextualized portrait of contemporary religions in Brazil, bringing together leading scholars from both Brazil and abroad, drawing on both fieldwork and detailed reviews of the literatures. For the first time a single volume offers overviews by leading scholars of the full range of Brazilian religions, alongside more theoretically oriented discussions of relevant religious and culture themes. This Handbook’s three sections present specific religions and groups of traditions, Brazilian religions in the diaspora, and issues in Brazilian religions (e.g., women, possession, politics, race and material culture).
Author: Giuseppe Giordan
Publisher: Springer
ISBN: 3319066234
Category : Religion
Languages : en
Pages : 192
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Book Description
This volume illustrates both theoretically and empirically the differences between religious diversity and religious pluralism. It highlights how the factual situation of cultural and religious diversity may lead to individual, social and political choices of organized and recognized pluralism. In the process, both individual and collective identities are redefined, incessantly moving along the continuum that ranges from exclusion to inclusion. The book starts by first detailing general issues related to religious pluralism. It makes the case for keeping the empirical, the normative, the regulatory and the interactive dimensions of religious pluralism analytically distinct while recognizing that, in practice, they often overlap. It also underlines the importance of seeking connections between religious pluralism and other pluralisms. Next, the book explores how religious diversity can operate to contribute to legal pluralism and examines the different types of church-state relations: eradication, monopoly, oligopoly and pluralism. The second half of the book features case studies that provide a more specific look at the general issues, from ways to map and assess the religious diversity of a whole country to a comparison between Belgian-French views of religious and philosophical diversity, from religious pluralism in Italy to the shifting approach to ethnic and religious diversity in America, and from a sociological and historical perspective of religious plurality in Japan to an exploration of Brazilian religions, old and new. The transition from religious diversity to religious pluralism is one of the most important challenges that will reshape the role of religion in contemporary society. This book provides readers with insights that will help them better understand and interpret this unprecedented transition.
Author: Marc O. DeGirolami
Publisher: Harvard University Press
ISBN: 0674074157
Category : Law
Languages : en
Pages : 362
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Book Description
When it comes to questions of religion, legal scholars face a predicament. They often expect to resolve dilemmas according to general principles of equality, neutrality, or the separation of church and state. But such abstractions fail to do justice to the untidy welter of values at stake. Offering new views of how to understand and protect religious freedom in a democracy, The Tragedy of Religious Freedom challenges the idea that matters of law and religion should be referred to far-flung theories about the First Amendment. Examining a broad array of contemporary and more established Supreme Court rulings, Marc DeGirolami explains why conflicts implicating religious liberty are so emotionally fraught and deeply contested. Twenty-first-century realities of pluralism have outrun how scholars think about religious freedom, DeGirolami asserts. Scholars have not been candid enough about the tragic nature of the conflicts over religious liberty—the clash of opposing interests and aspirations they entail, and the limits of human reason to resolve intractable differences. The Tragedy of Religious Freedom seeks to turn our attention from abstracted, absolute values to concrete, historical realities. Social history, characterized by the struggles of lawyers engaged in the details of irreducible conflicts, represents the most promising avenue to negotiate legal conflicts over religion. In this volume, DeGirolami offers an approach to understanding religious liberty that is neither rigidly systematic nor ad hoc, but a middle path grounded in a pluralistic and historically informed perspective.
