Author: Michael J. Broyde
Publisher: Oxford University Press
ISBN: 0190640294
Category : Law
Languages : en
Pages : 313
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Book Description
This book explores the rise of private arbitration in religious and other values-oriented communities, and it argues that secular societies should use secular legal frameworks to facilitate, enforce, and also regulate religious arbitration. It covers the history of religious arbitration; the kinds of faith-based dispute resolution models currently in use; how the law should perceive them; and what the role of religious arbitration in the United States and the western world should be. Part One examines why religious individuals and communities are increasingly turning to private faith-based dispute resolution to arbitrate their litigious disputes. It focuses on why religious communities feel disenfranchised from secular law, and particularly secular family law. Part Two looks at why American law is so comfortable with faith-based arbitration, given its penchant for enabling parties to order their relationships and resolve their disputes using norms and values that are often different from and sometimes opposed to secular standards. Part Three weighs the proper procedural, jurisdictional, and contractual limits of arbitration generally, and of religious arbitration particularly. It identifies and explains the reasonable limitations on religious arbitration. Part Four examines whether secular societies should facilitate effective, legally enforceable religious dispute resolution, and it argues that religious arbitration is not only good for the religious community itself, but that having many different avenues for faith-based arbitration which are properly limited is good for any vibrant pluralistic democracy inhabited by diverse faith groups.
Author: Michael J. Broyde
Publisher: Oxford University Press
ISBN: 0190640286
Category : Law
Languages : en
Pages : 313
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Book Description
This book explores the rise of private arbitration in American religious communities. It examines why religious communities are turning to private arbitration, why American law is agreeable to such arbitration, and further focuses on the proper procedural, jurisdictional, and contractual limits of private arbitration. The book argues that such arbitration not only benefits the religious community itself, but also having various different faith-based arbitrations is beneficial for any vibrant pluralistic democracy inhabited by diverse faith groups.
Author: Mark Hill KC
Publisher: Bloomsbury Publishing
ISBN: 1509966978
Category : Political Science
Languages : en
Pages : 293
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Book Description
For centuries, since the Roman Empire's adoption of Christianity, the continent of Europe has been perceived as something of a Christian fortress. Today, the increase in the number of Muslims living in Europe and the prominence of Islamic belief pose questions not only for Europe's religious traditions but also for its constitutional make up. This book examines these challenges within the legal and political framework of Europe. The volume's contributors range from academics at leading universities to former judges and politicians. Its 19 chapters focus on constitutional challenges, human rights with a focus on religious freedom, and securitisation and Islamophobia, while adopting supranational and comparative approaches. This book will appeal not merely to academics and law students in the UK and the EU, but to anyone involved in diplomacy and international relations, including political scientists, lobbyists and members of NGOs. It explores these contested relationships to open up new spaces in how we think about religious freedom and co-existence in Europe and the crucial role that Islam has had, and continues to have, in its development.
Author: Debora Tonelli
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110796899
Category : Religion
Languages : en
Pages : 176
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Book Description
In the 20th and 21st centuries, where violence has scarred countless lives, the interplay between religion, politics, and conflict remains a complex web. Exiting Violence looks to untangle some of these knots, showing not only how faith can ignite bloodshed, but also how it can inspire peace and build bridges. Resulting from an international collaboration between the Fondazione Bruno Kessler, RESET-Dialogues Among Civilizations, and the Berkley Center for Religion Peace and World Affairs, this collection assesses the state of scholarship and explores the differing ways in which religion can contribute to societies and communities exiting situations of violence and hatred. From Biblical hermeneutics to Buddhism, from secularism to legal systems, Exiting Violence offers a nuanced and thought-provoking exploration of the multifaceted role religion plays in the human struggle for peace and justice.
Author: Norman Doe
Publisher: Cambridge University Press
ISBN: 1107167132
Category : Law
Languages : en
Pages : 471
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Book Description
Compares the modern legal instruments of Jewish, Christian and Muslim organisations in light of their historical religious laws.
Author: Brian Z. Tamanaha
Publisher: Oxford University Press, USA
ISBN: 019086155X
Category : Law
Languages : en
Pages : 233
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Book Description
"Throughout the medieval period law was seen as the product of social groups and associations that formed legal orders, as Max Weber elaborates, "either constituted in its membership by such objective characteristics of birth, political, ethnic, or religious denomination, mode of life or occupation, or arose through the process of explicit fraternization." During the second half of the Middle Ages, roughly the tenth through fifteenth centuries, there were "several distinct types of law, sometimes competing, occasionally overlapping, invariably invoking different traditions, jurisdictions and modes of operation." Types of law included imperial and royal edicts and statutes, canon law, unwritten customary law of tribes and localities, written Germanic law, residual Roman law, municipal statutes, the law of merchants and of guilds, and in England the common law, on the continent the Roman law of jurists after the twelfth century revival of the Justinian Code. The types of courts included various imperial and royal courts, ecclesiastical courts, manorial or seigniorial courts, village courts, municipal courts in cities, merchant courts, and guild courts. Serving as judges in these courts, respectively, were kings or their appointees, Bishops and abbots, barons or lords of the manor or their appointees, local lay leaders, leading burghers, merchants, and members of the guild. These various positions were not wholly separate-many high government officials were in religious orders, while Churches held landed estates that came with local judicial responsibilities. "Bishops, abbots and prioresses, as lords of temporal possessions, controlled manorial or honorial courts at which they sometimes, though not generally, presided in person, exercising responsibility for criminal and customary law." "The result was the existence of numerous law communities," Weber wrote, "the autonomous jurisdictions of which overlapped, the compulsory, political association being only one such autonomous jurisdiction in so far as it existed at all." Jurisdictional rules for judicial tribunals and the laws to be applied related to the persons involved and the subject matter at issue. The personality principle linked law to a person's community or association, and under feudalism property ownership came wrapped together with the right to judge those tied to the property. "Demarcation disputes between these laws and courts were numerous." Jurisdictional conflicts arose especially in relation to ecclesiastical courts, which claimed broad jurisdiction over personal status laws (marriage, divorce, inheritance) and moral crimes, as well as church property and personnel, matters which regularly overlapped with the jurisdiction of other courts. Furthermore, different bodies of law could be applicable in a given court in a given case. "It was common to find many different codes of customary law in force in the same kingdom, town or village, even in the same house, if the ninth century bishop Agobard of Lyons is to be believed when he says, 'It often happened that five mem were present or sitting together, and not one of them had the same law as another.'" In long settled areas, the personal law of communities became local customary law. People living within cities were subject to municipal statutes and customary law on certain matters (penal law, procedural), and the community law to which they were attached"--
Author: Catharina Rachik
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110561573
Category : Religion
Languages : en
Pages : 196
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Book Description
The second volume of the series "Key Concepts in Interreligious Discourses" points out the roots of the concept of ''human rights'' in Judaism, Christianity and Islam. It shows how far the universal validity of ''human rights'' opposes in some crucial points with religious traditions. The volume demonstrates that new perspectives are introduced to the general discussion about human rights when related to religious traditions. Especially the interreligious viewpoint proves that a new kind of debate about human rights and its history is necessary.
Author: John Witte (Jr.)
Publisher: Cambridge University Press
ISBN: 1107184754
Category : Law
Languages : en
Pages : 457
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Book Description
Presents a robust defence of the essential place of stable marital families in modern liberal societies.
Author: Martin Belov
Publisher: Routledge
ISBN: 1000385337
Category : Law
Languages : en
Pages : 281
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Book Description
This book offers a multi-discursive analysis of the constitutional foundations for peaceful coexistence, the constitutional background for discontent and the impact of discontent, and the consequences of conflict and revolution on the constitutional order of a democratic society which may lead to its implosion. It explores the capacity of the constitutional order to serve as a reliable framework for peaceful co-existence while allowing for reasonable and legitimate discontent. It outlines the main factors contributing to rising pressure on constitutional order which may produce an implosion of constitutionalism and constitutional democracy as we have come to know it. The collection presents a wide range of views on the ongoing implosion of the liberal-democratic constitutional consensus which predetermined the constitutional axiology, the institutional design, the constitutional mythology and the functioning of the constitutional orders since the last decades of the 20th century. The constitutional perspective is supplemented with perspectives from financial, EU, labour and social security law, administrative law, migration and religious law. Liberal viewpoints encounter radical democratic and critical legal viewpoints. The work thus allows for a plurality of viewpoints, theoretical preferences and thematic discourses offering a pluralist scientific account of the key challenges to peaceful coexistence within the current constitutional framework. The book provides a valuable resource for academics, researchers and policymakers working in the areas of constitutional law and politics.
Author: François-Xavier Licari
Publisher: Cambridge University Press
ISBN: 1108421970
Category : Juvenile Nonfiction
Languages : en
Pages : 179
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Book Description
This is the first book to present a systematic and synthetic introduction to Jewish law.
