Law and Religion, the fourth volume in the Current Legal Issues series, is a comprehensive treatment of an area that will stimulate and enlighten anyone interested in law and religion. Both common and civil law jurisdictions and a wide variety of cultural contexts are represented. In addition the volume contains contributions written from a wide variety of faith perspectives (Christian, Jewish, Islamic, Ba'hai) as well as from a secular perspective. Contributors discuss a series of difficult and important issues from the interaction in contemporary societies of law and religious practice to the coherence of the notion of the soul and of the scope and limits of our concept of religion in a post modern world. A major theme of the volume is the common hermeneutical questions faced by the Islamic Christian and Jewish traditions. In addition, the implications for religious practice of the contemporary ascendancy of human rights are thoroughly and critically considered. A number of the essays argue forcefully for controversial conclusions such as the legitimacy of the claim by some of the Christian Churches in New Zealand to exemption from legislation prohibiting discrimination on the grounds of sexual orientation. The European Convention on Human Rights and the jurisprudence of the Court come under particular critical scrutiny for example in relation to their protection of freedom of religion in the work place. Consideration is given to the extent to which State law can, should and does provide a regulatory framework for the life of religious institutions without compromising their collective autonomy for example in relation to matters of doctrine.
General Editors Preface ix Notes on Contributors xi Table of Cases Before National and International Courts xvii Table of National Legislation xxviii Table of International Legislation xxxvii Editorial Introduction xxxvix Richard ODair The Image of God and the Moral Identity of Persons: An Evaluation of the Holistic Theology of Persons 1(26) Howard M. Ducharme The Divine in the Law 27(18) Calum Carmichael Giving unto Caesar: Rationality, Reciprocity, and Legal Recognition of Religion 45(20) Gary Watt Politics and Sociology: New Research Agendas for the Study of Law and Religion 65(18) Anthony Bradney Law as a Religious Enterprise: Legal Interpretation and Scriptural Interpretation 83(18) Steven D. Smith Historical Observations on the Relationship between Letter and Spirit 101(10) Bernard S. Jackson `Batter my Heart: On the Three-Disciplined Search for Meaning 111(20) Jeanne Gaakeer Post-Modernism, Hermeneutics, and Authenticity: Interpreting Legal and Theological Texts in the Twenty-First Century 131(14) Edward M. Andries The `First Source of Islamic Law: Muslim Legal Exegesis of the Quran 145(18) Robert Gleave Freedom of Religion as the Fruit of the Radical Reformation 163(22) Matthijs de Blois The European Court of Human Rights and Religion 185(20) Javier Martinez-Torron Human Rights, Religious Liberty, and the University Debate 205(22) Malcolm D. Evans Religious Liberty as a Collective Right 227(20) Julian Rivers Clashing Rights, Exemptions, and Opt-Outs: Religious Liberty and `Homophobia 247(28) Ian Leigh Religious Group Autonomy, Gay Ordination, and Human Rights Law 275(24) Rex J. Ahdar Freedom of Religion: Legal Perspectives 299(12) Sophie C. van Bijsterveld The Public Manifestation of Religion or Belief: Challenges for a Multi-Faith Society in the Twenty-First Century 311(18) Peter Cumper Professional Ethics and Autonomy: A Theological Critique 329(18) Steven H. Resnicoff Clergy Privilege and Conscientious Objection to the Privilege 347(18) J. David Bleich Is the Jewish Get any Business of the State? 365(20) Michael Freeman The Intersecting Worlds of Religious and Secular Marriage 385(24) Perry Dane Judicial Approaches to Religious Disputes 409(12) Mark Hill Justifications for Religious Autonomy 421(22) Norman Doe Anthony Jeremy Religious Remnants in the Composition of the United Kingdom Parliament 443(14) Peter W. Edge Religious Denomination or Public Religion? The Legal Status of the Church of England 457(14) Augur Pearce Defining the Legal Boundaries of Orthodoxy for Public and Private Religion in England 471(26) David Harte International Law and Peace between the Nations: The Contribution of the Bahai Faith 497(12) Danesh Sarooshi A Voyage in Gods Canoe: Law and Religion in Melanesia 509(20) Reid Mortensen Christian Perspectives on the Law: What Makes them Distinctive? 529(18) Paul Beaumont Radical Change in the Legal Regulation of Religious Affairs in Post-Communist Poland 547(12) Piotr Mazurkiewicz Index 559
Andrew Lewis is Senior Lecturer in Laws at University College London
Richard O'Dair is Senior lecturer in Laws at University College London
Rohkem infot Oxford Scholarship Online e-raamatute kohta