Law as Religion, Religion as Law

Law as Religion, Religion as Law
Author: David C. Flatto
Publisher: Cambridge University Press
Total Pages: 403
Release: 2022-08-25
Genre: Law
ISBN: 1108787983

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The conventional approach to law and religion assumes that these are competing domains, which raises questions about the freedom of, and from, religion; alternate commitments of religion and human rights; and respective jurisdictions of civil and religious courts. This volume moves beyond this competitive paradigm to consider law and religion as overlapping and interrelated frameworks that structure the social order, arguing that law and religion share similar properties and have a symbiotic relationship. Moreover, many legal systems exhibit religious characteristics, informing their notions of authority, precedent, rituals and canonical texts, and most religions invoke legal concepts or terminology. The contributors address this blurring of law and religion in the contexts of political theology, secularism, church-state conflicts, and the foundational idea of divine law. This title is also available as Open Access on Cambridge Core.

Law, Religion, and Health in the United States

Law, Religion, and Health in the United States
Author: Holly Fernandez Lynch
Publisher: Cambridge University Press
Total Pages: 451
Release: 2017-07-03
Genre: Law
ISBN: 1107164885

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This book explores the critical role of law in protecting - and protecting against - religious beliefs in American health care.

Religion and Law in Spain

Religion and Law in Spain
Author: Javier Martínez-Torrón
Publisher: Kluwer Law International B.V.
Total Pages: 280
Release: 2018-04-19
Genre: Religion
ISBN: 9403500441

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient resource provides systematic information on how Spain 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 Spain. 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.

Religion and Law

Religion and Law
Author: Dr Peter W Edge
Publisher: Ashgate Publishing, Ltd.
Total Pages: 172
Release: 2013-05-28
Genre: Religion
ISBN: 1409476944

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Discussion of the way in which law engages with religious difference often takes place within the context of a single jurisdiction. Religion and Law: An Introduction, presents a comprehensive text for students, drawing on examples from across key Anglophone jurisdictions – the United Kingdom, the United States, Canada, New Zealand, Australia and South Africa, as well as international law, to explore a broad range of issues. Aimed at a non-legal readership, this book introduces the use of legal sources and focuses on factual situations as much as legal doctrine. Key issues arising from interaction of the religious individual and the State are discussed, as well as the religious organisation or community and the State. The interaction is explored through case studies of areas as diverse as the legal regulation of religious drug use, sacred spaces and sacred places, and claims of clergy misconduct. Taking a broad, non-jurisdictional approach to the key issues, in particular providing insights differing from the dominant US experiences and paradigms, this student-friendly textbook includes a clearly structured bibliography and clear guidance on how to approach relevant legal materials.

Law and Religion

Law and Religion
Author: Leslie C. Griffin
Publisher:
Total Pages: 370
Release: 2010-03-10
Genre: Law
ISBN:

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Designed to be used either as a primary text or with any Law and Religion or First Amendment text, Law and Religion: Cases in Context presents descriptions and discussions of the landmark cases in law and religion and the First Amendment. Cases are selected from the leading religion and First Amendment casebooks, and the authors provide insights into the significance of each while revealing its context and, for many, details about what happened after the case was concluded. This unique text will intrigue students and engage their interest with: - Accessible prose and interesting illustrations; - Cases that involve issues that continue to confound the courts: creation science and evolution; public religious symbols like the cross and the crèche; private religious clothing like the yarmulke and the khimar; tax policy and religion; - Engaging characters, such as: Guy Ballard, who told customers that he was chosen by Saint Germain as a divine messenger and possessed supernatural healing powers that they could purchase; Officer and Doctor Simcha Goldman, who wore a yarmulke to the psychology clinic until an irritated military attorney complained to Goldman's superiors that the yarmulke was not permitted under Air Force regulations; Kimberlie Webb, a Philadelphia police officer who lost her efforts to wear a headscarf while in uniform and on duty; Ronald Rosenberger, who successfully challenged the University of Virginia's denial of funding to his evangelical publication, Wide Awake; - Insights from leading law and religion scholars of diverse professional, religious, geographical, and institutional backgrounds. In her role as editor, Leslie C. Griffin, who holds a Ph.D. in Religious Studies from Yale University as well as a J.D. from Stanford Law School, has brought together an impressive group of contributors to create Law and Religion: Cases in Context.

Tax Law, Religion, and Justice

Tax Law, Religion, and Justice
Author: Allen Calhoun
Publisher: Taylor & Francis
Total Pages: 295
Release: 2021-03-08
Genre: Business & Economics
ISBN: 1000356531

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This book asks why tax policy is both attracted to and repelled by the idea of justice. Accepting the invitation of economist Henry Simons to acknowledge that tax justice is a theological concept, the work explores theological doctrines of taxation to answer the presenting question. The overall message of the book is that taxation is an instrument of justice, but only when taxes take into account multiple goods in society: the requirements of the government, the property rights of society’s members, and the material needs of the poor. It is argued that this answer to the presenting question is a theological and ethical answer in that it derives from the insistence of Christian thinkers that tax policy take into account material human need (necessitas). Without the necessitas component of the tax balance, tax systems end up honoring only one of the three components of the tax equation and cease to reflect a coherent idea of justice. The book will be of interest to academics and researchers working in the areas of tax law, economics, theology, and history.

Religion and the Law in America [2 volumes]

Religion and the Law in America [2 volumes]
Author: Scott A. Merriman
Publisher: Bloomsbury Publishing USA
Total Pages: 679
Release: 2007-05-18
Genre: Religion
ISBN: 185109864X

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This work is a comprehensive survey of one of the oldest—and hottest—debates in American history: the role of religion in the public discourse. The relationship between church and state was contentious long before the framers of the Constitution undertook the bold experiment of separating the two, sparking a debate that would rage for centuries: What is the role of religion in government—and vice versa? Religion and the Law in America explores the many facets of this question, from prayer in public schools to the addition of the phrase "under God" to the Pledge of Allegiance, from government investigation of religious fringe groups to federal grants for faith-based providers of social services. In more than 250 A–Z entries, along with a series of broad, thematic essays, it examines the groups, laws, and court cases that have framed this ongoing debate. Through its careful, balanced exploration of the interaction between government and religion throughout the history of the United States, the work provides all Americans—students, scholars, and lay readers alike—with a deep understanding of one of the central, enduring issues in our history.

Religion, Law, USA

Religion, Law, USA
Author: Isaac Weiner
Publisher: NYU Press
Total Pages:
Release: 2019-07-02
Genre: Religion
ISBN: 1479812889

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Offers insight into the complex relationship between religion and law in contemporary America Why religion? Why law? Why now? In recent years, the United States has witnessed a number of high-profile court cases involving religion, forcing Americans to grapple with questions regarding the relationship between religion and law. This volume maps the contemporary interplay of religion and law within the study of American religions. What rights are protected by the Constitution’s free exercise clause? What are the boundaries of religion, and what is the constitutional basis for protecting some religious beliefs but not others? What characterizes a religious-studies approach to religion and law today? What is gained by approaching law from the vantage point of religious studies, and what does attention to the law offer back to scholars of religion? Religion, Law, USA considers all these questions and more. Each chapter considers a specific keyword in the study of religion and law, such as “conscience,” “establishment,” “secularity,” and “personhood.” Contributors consider specific case studies related to each term, and then expand their analyses to discuss broader implications for the practice and study of American religion. Incorporating pieces from leading voices in the field, this book is an indispensable addition to the scholarship on religion and law in America.

Faith and Order

Faith and Order
Author: Harold J. Berman
Publisher: Wm. B. Eerdmans Publishing
Total Pages: 432
Release: 2000
Genre: Religion
ISBN: 9780802848529

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This book argues that despite the tensions existing in all societies between religious faith and legal order, they inevitably interact. In the course of his discussion Berman traces the history of Western law, exposes the fallacies of law theories that fail to take religion into account, examines key theological, prophetic, and educational themes, and looks at the role of religion in the Soviet and post-Soviet state.