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Law and Religion in Europe: A Comparative Introduction

Norman Doe

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199604005
eISBN:
9780191729331
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199604005.001.0001
Subject:
Law, EU Law, Comparative Law

Each State in Europe has its own national laws which affect religion and these are increasingly the subject of political and academic debate. This book provides a detailed comparative introduction to ... More


The Scope, Sources, and Systems of Religion Law

Norman Doe

in Law and Religion in Europe: A Comparative Introduction

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199604005
eISBN:
9780191729331
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199604005.003.0002
Subject:
Law, EU Law, Comparative Law

This chapter identifies the sources of law and other regulatory instruments used by States to regulate religion at both the constitutional and the sub-constitutional level as well as the religious ... More


Religion

Wilfrid R. Prest

in The Rise of the Barristers: A Social History of the English Bar 1590-1640

Published in print:
1991
Published Online:
October 2011
ISBN:
9780198202585
eISBN:
9780191675423
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198202585.003.0007
Subject:
History, Social History

This chapter examines the religious commitment of barristers and common lawyers in early modern England. Many historians have noted links between common lawyers and radical Protestants, including ... More


Politics of Religious Freedom

Winnifred Fallers Sullivan, Elizabeth Shakman Hurd, and Saba Mahmood (eds)

Published in print:
2015
Published Online:
January 2016
ISBN:
9780226248479
eISBN:
9780226248646
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226248646.001.0001
Subject:
Religion, Religion and Society

In a remarkably short span of time, religious freedom has taken center stage in public and policy debates worldwide. Longstanding legal guarantees of religious freedom built into laws and ... More


Early Engagements with the Constitutive Laws of Others: Lessons from Pre-Modern Religion Law

Ran Hirschl

in Comparative Matters: The Renaissance of Comparative Constitutional Law

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198714514
eISBN:
9780191791215
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714514.003.0003
Subject:
Law, Comparative Law, Constitutional and Administrative Law

Many purportedly new debates in comparative constitutional law have early equivalents, some dating back over two millennia. The chapter examines pre-modern religion law and the birth of two concepts ... More


Introduction

Winnifred Fallers Sullivan, Robert A. Yelle, and Mateo Taussig-Rubbo

in After Secular Law

Published in print:
2011
Published Online:
June 2013
ISBN:
9780804775366
eISBN:
9780804780704
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804775366.003.0001
Subject:
Law, Legal History

This chapter provides a background on the different discourses about law and religion. It describes the separation of the church and the state, the loss of faith in the secular, the secularization of ... More


The Free Exercise of Religion: Guarding against Religious Animus but Defending Neutral Laws of General Applicability

Howard Gillman and Erwin Chemerinsky

in The Religion Clauses: The Case for Separating Church and State

Published in print:
2020
Published Online:
August 2020
ISBN:
9780190699734
eISBN:
9780197523810
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190699734.003.0004
Subject:
Law, Constitutional and Administrative Law

There have been three competing approaches to the interpretation of the Free Exercise Clause. One is that the Free Exercise Clause should protect religious belief but not religious conduct. Another ... More


Beyond the Secular West

Akeel Bilgrami (ed.)

Published in print:
2016
Published Online:
September 2016
ISBN:
9780231170802
eISBN:
9780231541015
Item type:
book
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231170802.001.0001
Subject:
Religion, Religious Studies

What is the character of secularism in countries that were not pervaded by Christianity, such as China, India, and the nations of the Middle East? To what extent is the secular an imposition of ... More


Law and Religion in a Secular Europe 1

Dr Lorenzo Zucca

in A Secular Europe: Law and Religion in the European Constitutional Landscape

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199592784
eISBN:
9780191738906
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592784.003.0010
Subject:
Law, Constitutional and Administrative Law, EU Law

It is possible to distinguish between state secularism and European secularism. The two are intertwined but not completely overlapping. On one hand, state secularism remains concerned with the ... More


Church State Corporation: Construing Religion in US Law

Winnifred Fallers Sullivan

Published in print:
2020
Published Online:
January 2021
ISBN:
9780226454559
eISBN:
9780226454726
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226454726.001.0001
Subject:
Religion, Religion and Society

Through readings of the opinions of the US Supreme Court and other legal texts, this book shows how “the church” as a religious collective is granted special privilege in US law. In-depth analyses of ... More


World War I and Its Aftermath

Robert J. Kaczorowski

in Fordham University School of Law: A History

Published in print:
2012
Published Online:
January 2013
ISBN:
9780823239559
eISBN:
9780823239597
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823239559.003.0002
Subject:
History, Social History

Chapter 2 discusses the impact of World War I and its aftermath on the students and educational program at Fordham Law School and other law schools in New York City. It presents empirical evidence of ... More


Introduction: Advancing the First Freedom in the Twenty-First Century

Allen D. Hertzke

in The Future of Religious Freedom: Global Challenges

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199930890
eISBN:
9780199980581
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199930890.003.0001
Subject:
Religion, Religion and Society

This chapter summarizes the contributions of the volume by placing them into a synoptic global context. It traces the origins of religious freedom in the ontology of human experience and demonstrates ... More


The Protestant Power of Attorney of 1531: A Legalistic History of the Early Reformation in Germany

Sara Ludin

in Looking for Law in All the Wrong Places: Justice Beyond and Between

Published in print:
2019
Published Online:
January 2020
ISBN:
9780823283712
eISBN:
9780823286164
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823283712.003.0011
Subject:
Anthropology, Social and Cultural Anthropology

This essay takes a close look at the "power of attorney" document drafted in 1531 by a group of German princes and cities in which they appoint two lawyers to represent them collectively in all ... More


Epilogue: The Ends of Tolerance

J. Brent Crosson

in Experiments with Power: Obeah and the Remaking of Religion in Trinidad

Published in print:
2020
Published Online:
January 2021
ISBN:
9780226700649
eISBN:
9780226705514
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226705514.003.0014
Subject:
Anthropology, Anthropology, Religion

The epilogue details recent cases of intolerance against obeah in the Caribbean and beyond to argue that modern ideas of religious tolerance have inherent limits. I trace ideas of religious tolerance ... More


Debating Patriarchy: The Hindu Code Bill Controversy in India (1941–1956)

Chitra Sinha

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198078944
eISBN:
9780199081479
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198078944.001.0001
Subject:
Law, Family Law

The book explores a significant episode of Indian social history, the Hindu Code Bill controversy that stirred the Indian social consciousness in the mid-twentieth century. Revisiting the ... More


Introduction

Winnifred Fallers Sullivan, Elizabeth Shakman Hurd, Saba Mahmood, and Peter G. Danchin

in Politics of Religious Freedom

Published in print:
2015
Published Online:
January 2016
ISBN:
9780226248479
eISBN:
9780226248646
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226248646.003.0001
Subject:
Religion, Religion and Society

This essay introduces readers to the essays in the volume and its cross cutting themes and topics, including the histories and genealogies of the concept of religious freedom, the difficulties of ... More


Islamic Law and International Law: Similarities and Differences

Emilia Justyna Powell

in Islamic Law and International Law: Peaceful Resolution of Disputes

Published in print:
2020
Published Online:
November 2019
ISBN:
9780190064631
eISBN:
9780190064662
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190064631.003.0003
Subject:
Political Science, International Relations and Politics, Comparative Politics

This chapter explores in considerable detail differences and similarities between the Islamic legal tradition and international law. It discusses in detail the historical interaction between these ... More


Standardizing Sanatana Dharma

Alexander Rocklin

in The Regulation of Religion and the Making of Hinduism in Colonial Trinidad

Published in print:
2019
Published Online:
January 2020
ISBN:
9781469648712
eISBN:
9781469648736
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469648712.003.0006
Subject:
History, History of Religion

This chapter looks at the politics of recognition and "orthodox" Hindu identity, focusing on the competition between two Sanatanist Hindu organizations, the Sanatan Dharma Association and the Sanatan ... More


Ethics at the Edges of Law: Christian Moralists and American Legal Thought

Cathleen Kaveny

Published in print:
2017
Published Online:
October 2017
ISBN:
9780190612290
eISBN:
9780190612320
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190612290.001.0001
Subject:
Religion, Religion and Society

Ethics at the Edges of Law: Christian Moralists and American Legal Thought shows how methods and doctrines drawn from the American legal tradition can constructively advance the discussion of key ... More


Ceylon/Sri Lanka: The Politics of Religious Freedom and the End of Empire

Benjamin Schonthal

in Politics of Religious Freedom

Published in print:
2015
Published Online:
January 2016
ISBN:
9780226248479
eISBN:
9780226248646
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226248646.003.0016
Subject:
Religion, Religion and Society

This essay examines the religion provisions of the constitution of Ceylon/Sri Lanka on the cusp of the country’s independence from Britain. Schonthal problematizes the presumption that religious ... More


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