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: Malcolm Evans
Publisher: OUP Oxford
ISBN: 0191509426
Category : Political Science
Languages : en
Pages : 353
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Book Description
The Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, as proclaimed by the United Nations General Assembly in 1981, is the only universal human rights instrument specifically focusing on religious intolerance and discrimination. However, recent years have seen increasing controversy surrounding this right, in both political and legal contexts. The European Court of Human Rights has experienced a vast expansion in the number of cases it has had brought before it concerning religious freedom, and politically the boundaries of the right have been much disputed. This book provides a systematic analysis of the different approaches to religious rights which exist in public international law. The book explores how particular institutional perspectives emerge in the context of these differing approaches. It examines, and challenges, these institutional perspectives. It identifies new directions for approaching religious rights through international law by examining existing legal tools, and assesses their achievements and shortcomings. It studies religious organisations' support for international human rights protection, as well as religious critique of international human rights and the development of an alternative religious 'Bills of Rights'. It investigates whether expressions of members belonging to religious minorities can be considered under the minority right to culture, rather than the right to religion, and discusses the benefits and shortcomings of such a route. It analyses the reach and limits of the provisions in the 1981 Declaration, identifies ways in which the right is being eroded as a concept, and suggests new ways in which the right can be reinforced and protected.
Author: Mark W. Janis
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041111746
Category : Political Science
Languages : en
Pages : 544
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Book Description
One of the great tasks, perhaps the greatest, weighing on modern international lawyers is to craft a universal law and legal process capable of ordering relations among diverse people with differing religions, histories, cultures, laws, and languages. In so doing, we need to take the world's peoples as we find them and not pretend out of existence their wide variety. This volume builds on the eleven essaysedited by Mark Janis in 1991 in The Influence of Religion and the Development of International Law, more than doubling its authors and essays and covering more religious traditions. Now included are studies of the interface between international law and ancient religions, Confucianism, Hinduism, Judaism, Christianity, and Islam, as well as essays addressing the impact of religious thought on the literature and sources of international law, international courts, and human rights law.
Author:
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 32
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Book Description
Author: Pamela Slotte
Publisher: Cambridge University Press
ISBN: 1108642950
Category : Law
Languages : en
Pages : 535
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Book Description
This cross-disciplinary collaboration offers historical and contemporary scholarship exploring the interface of Christianity and international law. Christianity and International Law aims to understand and move past arguments, narratives and tropes that commonly frame law-religion studies in global governance. Readers are introduced to a range of confessional and critical perspectives explicitly engaging a diverse range of methodological and theoretical orientations to rethink how we experience and find ourselves caught within the phenomena of Christianity and international law.
Author: Michael D. McNally
Publisher: Princeton University Press
ISBN: 0691190909
Category : History
Languages : en
Pages : 400
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Book Description
"In 2016, thousands of people travelled to North Dakota to camp out near the Standing Rock Sioux Reservation to protest the construction of an oil pipeline that is projected to cross underneath the Missouri River a half mile upstream from the Reservation. The Standing Rock Sioux consider the pipeline a threat to the region's clean water and to the Sioux's sacred sites (such as its ancient burial grounds). The encamped protests garnered front-page headlines and international attention, and the resolve of the protesters was made clear in a red banner that flew above the camp: "Defend the Sacred". What does it mean when Native communities and their allies make such claims? What is the history of such claim-making, and why has this rhetorical and legal strategy - based on appeals to religious freedom - failed to gain much traction in American courts? As Michael McNally recounts in this book, Native Americans have repeatedly been inspired to assert claims to sacred places, practices, objects, knowledge, and ancestral remains by appealing to the discourse of religious freedom. But such claims based on alleged violations of the First Amendment "free exercise of religion" clause of the US Constitution have met with little success in US courts, largely because Native American communal traditions have been difficult to capture by the modern Western category of "religion." In light of this poor track record Native communities have gone beyond religious freedom-based legal strategies in articulating their sacred claims: in (e.g.) the technocratic language of "cultural resource" under American environmental and historic preservation law; in terms of the limited sovereignty accorded to Native tribes under federal Indian law; and (increasingly) in the political language of "indigenous rights" according to international human rights law (especially in light of the 2007 U.N. Declaration of the Rights of Indigenous Peoples). And yet the language of religious freedom, which resonates powerfully in the US, continues to be deployed, propelling some remarkably useful legislative and administrative accommodations such as the 1990 Native American Graves Protection and Reparation Act. As McNally's book shows, native communities draw on the continued rhetorical power of religious freedom language to attain legislative and regulatory victories beyond the First Amendment"--
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 848
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Book Description
Author: Nihal Jayawickrama
Publisher: Cambridge University Press
ISBN: 9780521780421
Category : Law
Languages : en
Pages : 1104
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Book Description
10 The right to life
Author: Peter Clarke
Publisher: Oxford University Press
ISBN: 0191557528
Category : Religion
Languages : en
Pages : 1063
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Book Description
The Oxford Handbook of the Sociology of Religion draws on the expertise of an international team of scholars providing both an entry point into the sociological study and understanding of religion and an in-depth survey into its changing forms and content in the contemporary world. The role and impact of religion and spirituality on the politics, culture, education and health in the modern world is rigorously discussed and debated. The study of the sociology of religion forges interdisciplinary links to explore aspects of continuity and change in the contemporary interface between society and religion. Using a combination of theoretical, methodological and content-led approaches, the fifty-seven contributors collectively emphasise the complex relationships between religion and aspects of life from scientific research to law, ecology to art, music to cognitive science, crime to institutional health care and more. The developing character of religion, irreligion and atheism and the impact of religious diversity on social cohesion are explored. An overview of current scholarship in the field is provided in each themed chapter with an emphasis on encouraging new thinking and reflection on familiar and emergent themes to stimulate further debate and scholarship. The resulting essay collection provides an invaluable resource for research and teaching in this diverse discipline.
Author: Kevin Seamus Hasson
Publisher: Image
ISBN: 0307718107
Category : Religion
Languages : en
Pages : 194
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Book Description
In the running debate we call the "culture wars," there exists a great feud over religious diversity. One side demands that only their true religion be allowed in the public square; the other insists that no religions ever belong there. The Right to Be Wrong offers a solution, drawing its lessons from a series of stories--both contemporary and historical--that illustrates the struggle to define religious freedom. The book concludes that freedom for all is guaranteed by the truth about each of us: Our common humanity entitles us to freedom--within broad limits--to follow what we believe to be true as our consciences say we must, even if our consciences are mistaken. Thus, we can respect others' freedom when we're sure they're wrong. In truth, they have the right to be wrong.
