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Religious Liberty in International Human Rights Law

Kristine Kalanges

in Religious Liberty in Western and Islamic Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199859467
eISBN:
9780199933518
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199859467.003.0003
Subject:
Law, Public International Law, Comparative Law

Freedom of religion did not become a legal reality until the modern era (e.g., through the First Amendment), and even as late as the Second World War, one global study declared a total absence of “a ... More


Between Religion and Law: Politics as an Intervening Variable

Kristine Kalanges

in Religious Liberty in Western and Islamic Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199859467
eISBN:
9780199933518
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199859467.003.0005
Subject:
Law, Public International Law, Comparative Law

Recognizing that the construction and institutionalization of religious liberty rights is at once a political and a legal project, this chapter proceeds in two main sections. The first focuses on the ... More


Theological and Philosophical Origins of Religious Liberty in the U.S. Constitution

Kristine Kalanges

in Religious Liberty in Western and Islamic Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199859467
eISBN:
9780199933518
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199859467.003.0002
Subject:
Law, Public International Law, Comparative Law

This chapter discusses the early modern origins of freedom of religion in the Protestant Reformation (including the contributions of Martin Luther and John Calvin), the genesis of the “American ... More


Religious Liberty in Islamic International Law

Kristine Kalanges

in Religious Liberty in Western and Islamic Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199859467
eISBN:
9780199933518
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199859467.003.0006
Subject:
Law, Public International Law, Comparative Law

The rise of political Islam in the 1970s and 1980s in reaction to secular Western imperial power had consequences at both the domestic and international levels. Islamists sought to institutionalize ... More


Introduction

Kristine Kalanges

in Religious Liberty in Western and Islamic Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199859467
eISBN:
9780199933518
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199859467.003.0001
Subject:
Law, Public International Law, Comparative Law

This introductory chapter discusses first, the relationship between religious liberty and human rights; and second, the global resurgence of religion and its significance for contemporary ... More


Religious Liberty and <i>Shari‘a</i>

Kristine Kalanges

in Religious Liberty in Western and Islamic Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199859467
eISBN:
9780199933518
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199859467.003.0004
Subject:
Law, Public International Law, Comparative Law

Understanding the law and politics of religious freedom in the Muslim world first requires knowledge of the teachings and traditions of Islam, as well as their significance for Muslim followers. This ... More


Religious Liberty in Western and Islamic Law

Kristine Kalanges

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199859467
eISBN:
9780199933518
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199859467.001.0001
Subject:
Law, Public International Law, Comparative Law

This book argues that differences between Western and Islamic legal formulations of religious freedom are attributable, in substantial part, to variations in their respective religious and ... More


Conclusion: Toward a World Legal Tradition

Kristine Kalanges

in Religious Liberty in Western and Islamic Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199859467
eISBN:
9780199933518
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199859467.003.0007
Subject:
Law, Public International Law, Comparative Law

This chapter presents some concluding thoughts about Islamic law and religious freedom. Religious freedom, a crucial aspect of human dignity, is inherently worthy of protection. Moreover, its ... More


The Myth of the Neutral State and the Individualization of Religion: The Relationship Between State and Religion in the Face of Fundamentalism

Karl-Heinz Ladeur

in Constitutional Secularism in an Age of Religious Revival

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199660384
eISBN:
9780191748264
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199660384.003.0003
Subject:
Law, Constitutional and Administrative Law, Public International Law

In postmodern societies religious freedom is increasingly transformed into an apolitical private right to opt for a belief. The specificities of different religions and their self-interpretations are ... More


The Tempting of Europe, the Political Seduction of the Cross: A Schmittian Reading of Christianity and Islam in European Constitutionalism

Susanna Mancini

in Constitutional Secularism in an Age of Religious Revival

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199660384
eISBN:
9780191748264
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199660384.003.0006
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter examines legal and political responses to the growing presence of Islam in Europe through the lens of Carl Schmitt’s thought. It points out how such responses draw on an essentialist and ... More


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