Jacob T. Levy
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780198297123
- eISBN:
- 9780191599767
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198297122.003.0007
- Subject:
- Political Science, Political Theory
Indigenous, and also religious, legal codes can be and have been incorporated into the legal systems of states in a number of ways. These include common‐law incorporation, which recognizes culturally ...
More
Indigenous, and also religious, legal codes can be and have been incorporated into the legal systems of states in a number of ways. These include common‐law incorporation, which recognizes culturally distinct ways of establishing rights that are known to the general law, such as marriage and property rights; customary incorporation, which directly applies and enforces the customary rights, privileges, and duties associated with the relevant legal tradition; and self‐government, which grants legal status to the group to make, and revise, its laws on a territorial basis. Hybrid forms have often represented hypocrisy on the states’ part, according to indigenous peoples, the burdens of all these and the benefits of none. The inalienability of indigenous land against a generally common‐law background is such a hypocrisy.Less
Indigenous, and also religious, legal codes can be and have been incorporated into the legal systems of states in a number of ways. These include common‐law incorporation, which recognizes culturally distinct ways of establishing rights that are known to the general law, such as marriage and property rights; customary incorporation, which directly applies and enforces the customary rights, privileges, and duties associated with the relevant legal tradition; and self‐government, which grants legal status to the group to make, and revise, its laws on a territorial basis. Hybrid forms have often represented hypocrisy on the states’ part, according to indigenous peoples, the burdens of all these and the benefits of none. The inalienability of indigenous land against a generally common‐law background is such a hypocrisy.
George P. Fletcher
- Published in print:
- 2003
- Published Online:
- November 2003
- ISBN:
- 9780195156287
- eISBN:
- 9780199872169
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195156285.003.0002
- Subject:
- Political Science, American Politics
This chapter discusses the influence of religious ideas on legal values and experience, citing examples from religious law (especially Jewish law and the Talmud), the French civil code, and the ...
More
This chapter discusses the influence of religious ideas on legal values and experience, citing examples from religious law (especially Jewish law and the Talmud), the French civil code, and the German Constitution. The idea of law as a path to redemption for a people or nation is examined. The author points out that he considers the “original intent” of the framers of the Constitution (and its subsequent Amendments) irrelevant for the purposes of this book's analysis.Less
This chapter discusses the influence of religious ideas on legal values and experience, citing examples from religious law (especially Jewish law and the Talmud), the French civil code, and the German Constitution. The idea of law as a path to redemption for a people or nation is examined. The author points out that he considers the “original intent” of the framers of the Constitution (and its subsequent Amendments) irrelevant for the purposes of this book's analysis.
Rochana Bajpai
- Published in print:
- 2011
- Published Online:
- September 2012
- ISBN:
- 9780198067504
- eISBN:
- 9780199080410
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198067504.003.0007
- Subject:
- Political Science, Indian Politics
This chapter examines the Shah Bano case and considers arguments for and against special provisions for Muslim religious law in India through the prism of secularism. It argues that discursive shifts ...
More
This chapter examines the Shah Bano case and considers arguments for and against special provisions for Muslim religious law in India through the prism of secularism. It argues that discursive shifts can be observed in conceptions of secularism in Congress discourse that were conducive to stronger multicultural policies: policy change was accompanied by changes in political justifications regarding group rights. With both equality and freedom-based arguments remaining under-developed in Congress discourse, preferential provisions for cultural protection continued to suffer from a justificatory deficit. This, together with the form of the discursive shift of the Congress, created a favourable ideological climate for the Hindu Right, which saw a surge of support in the aftermath of Shah Bano. While the Congress achieved the policy change it desired, it was unable to transform legitimating norms in the Shah Bano debate.Less
This chapter examines the Shah Bano case and considers arguments for and against special provisions for Muslim religious law in India through the prism of secularism. It argues that discursive shifts can be observed in conceptions of secularism in Congress discourse that were conducive to stronger multicultural policies: policy change was accompanied by changes in political justifications regarding group rights. With both equality and freedom-based arguments remaining under-developed in Congress discourse, preferential provisions for cultural protection continued to suffer from a justificatory deficit. This, together with the form of the discursive shift of the Congress, created a favourable ideological climate for the Hindu Right, which saw a surge of support in the aftermath of Shah Bano. While the Congress achieved the policy change it desired, it was unable to transform legitimating norms in the Shah Bano debate.
Norman Doe
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199604005
- eISBN:
- 9780191729331
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199604005.003.0006
- Subject:
- Law, EU Law, Comparative Law
This chapter examines the principle of autonomy — its nature and rationale — the prohibition against State intervention in the internal affairs of religious organizations, and the limits of religious ...
More
This chapter examines the principle of autonomy — its nature and rationale — the prohibition against State intervention in the internal affairs of religious organizations, and the limits of religious autonomy. It then goes on to examine the institutional autonomy of religious organizations in terms of their legislative, administrative, and judicial competence. It explores the status of religious law under State law (and the degree to which religious groups are free to administer this freely), administrative and ministerial autonomy (including the appointment of ministers of religion, their civil law status, and functions), and the functions of religious judicial and quasi-judicial bodies (particularly in the field of ministerial discipline). The chapter ends with a section on autonomy and confidentiality (with particular reference to religious secrets and confession). One theme explored is the difficulty of identifying what constitutes the internal affairs of a religious organization for the purpose of defining its autonomy.Less
This chapter examines the principle of autonomy — its nature and rationale — the prohibition against State intervention in the internal affairs of religious organizations, and the limits of religious autonomy. It then goes on to examine the institutional autonomy of religious organizations in terms of their legislative, administrative, and judicial competence. It explores the status of religious law under State law (and the degree to which religious groups are free to administer this freely), administrative and ministerial autonomy (including the appointment of ministers of religion, their civil law status, and functions), and the functions of religious judicial and quasi-judicial bodies (particularly in the field of ministerial discipline). The chapter ends with a section on autonomy and confidentiality (with particular reference to religious secrets and confession). One theme explored is the difficulty of identifying what constitutes the internal affairs of a religious organization for the purpose of defining its autonomy.
Flavia Agnes
- Published in print:
- 2011
- Published Online:
- September 2012
- ISBN:
- 9780198067900
- eISBN:
- 9780199081295
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198067900.003.0001
- Subject:
- Law, Family Law
This chapter looks at the history of the laws governing different religious denominations, including their scriptural sources and their contemporary applications. The main argument in this chapter ...
More
This chapter looks at the history of the laws governing different religious denominations, including their scriptural sources and their contemporary applications. The main argument in this chapter states that religious laws are really the laws of the people that were moulded by community practices. These laws are also influenced by the current political and socio-economic forces in society. The chapter also asks whether the rights of women have been sufficiently protected, along with an overreaching patriarchy that is both capitalist/contemporary and feudal/traditional. The discussions presented in this chapter are divided into nine sections, starting with a detailed overview of the personal law regime. The following sections are devoted to the Hindu, Islamic, Christian, Parsi, Jewish, and Civil laws, which pertain to marriage, right to property, succession, and divorce. In the final section, readers can find a discussion on the validity of customary laws.Less
This chapter looks at the history of the laws governing different religious denominations, including their scriptural sources and their contemporary applications. The main argument in this chapter states that religious laws are really the laws of the people that were moulded by community practices. These laws are also influenced by the current political and socio-economic forces in society. The chapter also asks whether the rights of women have been sufficiently protected, along with an overreaching patriarchy that is both capitalist/contemporary and feudal/traditional. The discussions presented in this chapter are divided into nine sections, starting with a detailed overview of the personal law regime. The following sections are devoted to the Hindu, Islamic, Christian, Parsi, Jewish, and Civil laws, which pertain to marriage, right to property, succession, and divorce. In the final section, readers can find a discussion on the validity of customary laws.
Narendra Subramanian
- Published in print:
- 2014
- Published Online:
- September 2014
- ISBN:
- 9780804788786
- eISBN:
- 9780804790901
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804788786.003.0002
- Subject:
- Law, Family Law
Centralizing states appropriated the authority of kin groups and ethnic and religious institutions over family life to varying degrees. The ways they regulated family and intimacy did not depend on ...
More
Centralizing states appropriated the authority of kin groups and ethnic and religious institutions over family life to varying degrees. The ways they regulated family and intimacy did not depend on whether they claimed commitments to secularism or whether family laws were framed in culturally specific discourses. Salient discourses about nations and their constituent cultural groups and traditions interacted with social structure, the nature of state-society engagements under predecessor regimes, the coalitions regimes aim to build, and regime projects to change state-society relations. These interactions influenced approaches to form citizens, recognize cultures, and make families. The chapter demonstrates that this new version of the state-in-society approach to social analysis explains the extent to which regimes changed the personal laws they inherited, the effects of these changes on women's rights, the autonomy of individuals, the nuclear family, sources of family law, and the extent of legal pluralism.Less
Centralizing states appropriated the authority of kin groups and ethnic and religious institutions over family life to varying degrees. The ways they regulated family and intimacy did not depend on whether they claimed commitments to secularism or whether family laws were framed in culturally specific discourses. Salient discourses about nations and their constituent cultural groups and traditions interacted with social structure, the nature of state-society engagements under predecessor regimes, the coalitions regimes aim to build, and regime projects to change state-society relations. These interactions influenced approaches to form citizens, recognize cultures, and make families. The chapter demonstrates that this new version of the state-in-society approach to social analysis explains the extent to which regimes changed the personal laws they inherited, the effects of these changes on women's rights, the autonomy of individuals, the nuclear family, sources of family law, and the extent of legal pluralism.
John J. Coughlin
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199756773
- eISBN:
- 9780199932177
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199756773.001.0001
- Subject:
- Law, Philosophy of Law
This book takes up the fundamental question “What is law?” through a comparative study of canon law and secular legal theory. Canon law is analogous to the concept of law described by secular ...
More
This book takes up the fundamental question “What is law?” through a comparative study of canon law and secular legal theory. Canon law is analogous to the concept of law described by secular theorists such as Austin, Kelsen, Holmes, and H. L. A. Hart. Consistent with the secular concept, canon law aims to set a societal order that harmonizes the interests of individuals and communities, secures peace, guarantees freedom, and establishes justice. At the same time, canon law reflects a claim about the spiritual end of the human person and religious nature of community. The comparison of one of the world's ancient systems of religious law with contemporary conceptions of law rooted in secular theory raises questions about the law's power to bind individuals and communities. For example, to what extent, does each of the approaches to law reflect the theory of Austin which understands law as a command given by the sovereign and backed by the coercive power of the state? Or, as H. L. A. Hart suggested, does law require an additional internal meaning that carries the power to bind? If internal meaning is a necessary constituent to law, how might religious and secular conceptions of it differ? In addition to these questions, this book asks the fundamental question “What is law?” through a comparative study of canon law and secular legal theory. This book also includes comparative consideration of the failure of canon law to address the clergy sexual abuse crisis, the canon law of marriage, administrative law, the rule of law, and equity. The book employs comparative methodology in an attempt to reveal and contrast the concepts of the human person reflected in both canon law and secular legal theory.Less
This book takes up the fundamental question “What is law?” through a comparative study of canon law and secular legal theory. Canon law is analogous to the concept of law described by secular theorists such as Austin, Kelsen, Holmes, and H. L. A. Hart. Consistent with the secular concept, canon law aims to set a societal order that harmonizes the interests of individuals and communities, secures peace, guarantees freedom, and establishes justice. At the same time, canon law reflects a claim about the spiritual end of the human person and religious nature of community. The comparison of one of the world's ancient systems of religious law with contemporary conceptions of law rooted in secular theory raises questions about the law's power to bind individuals and communities. For example, to what extent, does each of the approaches to law reflect the theory of Austin which understands law as a command given by the sovereign and backed by the coercive power of the state? Or, as H. L. A. Hart suggested, does law require an additional internal meaning that carries the power to bind? If internal meaning is a necessary constituent to law, how might religious and secular conceptions of it differ? In addition to these questions, this book asks the fundamental question “What is law?” through a comparative study of canon law and secular legal theory. This book also includes comparative consideration of the failure of canon law to address the clergy sexual abuse crisis, the canon law of marriage, administrative law, the rule of law, and equity. The book employs comparative methodology in an attempt to reveal and contrast the concepts of the human person reflected in both canon law and secular legal theory.
Susan James
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199698127
- eISBN:
- 9780191740558
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199698127.003.0012
- Subject:
- Philosophy, History of Philosophy, Political Philosophy
Working out how to devise a balance of power that will uphold liberty and security is the central task of politics; but modern republics can learn how to do this by turning to historical examples, ...
More
Working out how to devise a balance of power that will uphold liberty and security is the central task of politics; but modern republics can learn how to do this by turning to historical examples, such as the ancient Hebrew Republic founded by Moses and already extolled by Dutch writers such as Grotius and Cunaeus. Through an elaborate analysis of the Hebrew constitution and the history of the Hebrew state, Spinoza draws a number of morals and applies them to the Dutch Republic. He defends the benefits of popular sovereignty. He points to the advantages of a regime in which divine and civil law are one. Following in the footsteps of De La Court, he warns his compatriots of the dangers of monarchy, and he itemizes the dangers of a mixed constitutions where power is divided between States and Stadtholder.Less
Working out how to devise a balance of power that will uphold liberty and security is the central task of politics; but modern republics can learn how to do this by turning to historical examples, such as the ancient Hebrew Republic founded by Moses and already extolled by Dutch writers such as Grotius and Cunaeus. Through an elaborate analysis of the Hebrew constitution and the history of the Hebrew state, Spinoza draws a number of morals and applies them to the Dutch Republic. He defends the benefits of popular sovereignty. He points to the advantages of a regime in which divine and civil law are one. Following in the footsteps of De La Court, he warns his compatriots of the dangers of monarchy, and he itemizes the dangers of a mixed constitutions where power is divided between States and Stadtholder.
Aharon Shemesh
- Published in print:
- 2009
- Published Online:
- May 2012
- ISBN:
- 9780520259102
- eISBN:
- 9780520945036
- Item type:
- book
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520259102.001.0001
- Subject:
- Religion, Judaism
This book offers a comprehensive study of the legal material found in the Dead Sea Scrolls and its significance in the greater history of Jewish religious law (Halakhah). The study revives an issue ...
More
This book offers a comprehensive study of the legal material found in the Dead Sea Scrolls and its significance in the greater history of Jewish religious law (Halakhah). The study revives an issue long dormant in religious scholarship: namely, the relationship between rabbinic law, as written more than one hundred years after the destruction of the Second Temple, and Jewish practice during the Second Temple. The monumental discovery of the Dead Sea Scrolls in Qumran led to the revelation of this missing material and the closing of a two-hundred-year gap in knowledge, allowing work to begin comparing specific laws of the Qumran sect with rabbinic laws. With the publication of scroll 4QMMT—a polemical letter by Dead Sea sectarians concerning points of Jewish law—an effective comparison was finally possible. This is the first book-length treatment of the material to appear since the publication of 4QMMT and the first attempt to apply its discoveries to the work of nineteenth-century scholars. It is also the first work on this topic written in a style that is accessible to non-specialists in the history of Jewish law.Less
This book offers a comprehensive study of the legal material found in the Dead Sea Scrolls and its significance in the greater history of Jewish religious law (Halakhah). The study revives an issue long dormant in religious scholarship: namely, the relationship between rabbinic law, as written more than one hundred years after the destruction of the Second Temple, and Jewish practice during the Second Temple. The monumental discovery of the Dead Sea Scrolls in Qumran led to the revelation of this missing material and the closing of a two-hundred-year gap in knowledge, allowing work to begin comparing specific laws of the Qumran sect with rabbinic laws. With the publication of scroll 4QMMT—a polemical letter by Dead Sea sectarians concerning points of Jewish law—an effective comparison was finally possible. This is the first book-length treatment of the material to appear since the publication of 4QMMT and the first attempt to apply its discoveries to the work of nineteenth-century scholars. It is also the first work on this topic written in a style that is accessible to non-specialists in the history of Jewish law.
Edwin Bacon, Bettina Renz, and Julian Cooper
- Published in print:
- 2006
- Published Online:
- July 2012
- ISBN:
- 9780719072246
- eISBN:
- 9781781701317
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719072246.003.0006
- Subject:
- Political Science, International Relations and Politics
Beginning with the religion law of 1997, and progressing through laws on social organisations, political parties, extremists, migration, foreigners, the media, and political demonstrations, the ...
More
Beginning with the religion law of 1997, and progressing through laws on social organisations, political parties, extremists, migration, foreigners, the media, and political demonstrations, the Russian state has tightened up its control of civil society in recent years. According to Aleksandr Gurov, a current member and former chairman, the Duma Committee for Security considers the concept of national security in the widest sense. This chapter examines securitisation in contemporary Russia as a specific feature of domestic policy-making. It focuses on the use of the securitisation discourse to convince key audiences — policymakers, legislators, and the general public — that particular policy areas are legitimate security concerns and therefore require special attention, oversight, and control. The first example of a securitisation discourse in a specific area of civil society in contemporary Russia is in relation to religion and, specifically, the Law On Religious Associations passed in 1997. As part of its analysis of Russia's securitisation efforts in the areas of spirituality and extremism, this chapter also discusses other legislation on civil society including the Law On Combating Extremist Activity enacted in 2002.Less
Beginning with the religion law of 1997, and progressing through laws on social organisations, political parties, extremists, migration, foreigners, the media, and political demonstrations, the Russian state has tightened up its control of civil society in recent years. According to Aleksandr Gurov, a current member and former chairman, the Duma Committee for Security considers the concept of national security in the widest sense. This chapter examines securitisation in contemporary Russia as a specific feature of domestic policy-making. It focuses on the use of the securitisation discourse to convince key audiences — policymakers, legislators, and the general public — that particular policy areas are legitimate security concerns and therefore require special attention, oversight, and control. The first example of a securitisation discourse in a specific area of civil society in contemporary Russia is in relation to religion and, specifically, the Law On Religious Associations passed in 1997. As part of its analysis of Russia's securitisation efforts in the areas of spirituality and extremism, this chapter also discusses other legislation on civil society including the Law On Combating Extremist Activity enacted in 2002.
Jytte Klausen
- Published in print:
- 2007
- Published Online:
- October 2011
- ISBN:
- 9780199231980
- eISBN:
- 9780191696534
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199231980.003.0001
- Subject:
- Political Science, Comparative Politics
The voices in this book belong to parliamentarians, city councilors, doctors and engineers, a few professors, lawyers and social workers, owners of small businesses, translators, and community ...
More
The voices in this book belong to parliamentarians, city councilors, doctors and engineers, a few professors, lawyers and social workers, owners of small businesses, translators, and community activists. They are also all Muslims who have decided to become engaged in political and civic organisations or Europe's new Muslim political elite. It is for this reason that they are always in a situation where they have to constantly explain themselves, mostly in order to say who they are not. They are not fundamentalists, not terrorists, and they mostly do not support the introduction of Islamic religious law in Europe, especially the application or even introduction of such to Christians. This book is about who these people are and what they want.Less
The voices in this book belong to parliamentarians, city councilors, doctors and engineers, a few professors, lawyers and social workers, owners of small businesses, translators, and community activists. They are also all Muslims who have decided to become engaged in political and civic organisations or Europe's new Muslim political elite. It is for this reason that they are always in a situation where they have to constantly explain themselves, mostly in order to say who they are not. They are not fundamentalists, not terrorists, and they mostly do not support the introduction of Islamic religious law in Europe, especially the application or even introduction of such to Christians. This book is about who these people are and what they want.
John Renard
- Published in print:
- 2011
- Published Online:
- May 2012
- ISBN:
- 9780520255081
- eISBN:
- 9780520948334
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520255081.003.0006
- Subject:
- Religion, World Religions
This chapter summarizes the origins of underlying invisible structures of authority, the further articulation of religious law, and the evolution of Christian and Muslim theologies of power. Initial ...
More
This chapter summarizes the origins of underlying invisible structures of authority, the further articulation of religious law, and the evolution of Christian and Muslim theologies of power. Initial institutional developments in both traditions took the form of a division of labor, identification of levels and grades of authority, and eventually formal structures of governance and the implementation of community canons of behavior, what one might loosely call religious law. Members of virtually all Christian denominations conceive of themselves as belonging to localized or regional organizations, but the size and complexity of those organizations vary widely. Its authority structure is most clearly vertical, with a hierarchical administration that begins at the top with the papacy. Shi´i Islam, commonly known as Twelvers or Imam, presents the clearest analogy to the largely vertical authority structure. Twelver hierarchical structure evolved gradually over many centuries into its present elaborate pyramidal model.Less
This chapter summarizes the origins of underlying invisible structures of authority, the further articulation of religious law, and the evolution of Christian and Muslim theologies of power. Initial institutional developments in both traditions took the form of a division of labor, identification of levels and grades of authority, and eventually formal structures of governance and the implementation of community canons of behavior, what one might loosely call religious law. Members of virtually all Christian denominations conceive of themselves as belonging to localized or regional organizations, but the size and complexity of those organizations vary widely. Its authority structure is most clearly vertical, with a hierarchical administration that begins at the top with the papacy. Shi´i Islam, commonly known as Twelvers or Imam, presents the clearest analogy to the largely vertical authority structure. Twelver hierarchical structure evolved gradually over many centuries into its present elaborate pyramidal model.
Roman Lunkin
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199930890
- eISBN:
- 9780199980581
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199930890.003.0007
- Subject:
- Religion, Religion and Society
This chapter catalogues the torturous path of the treatment of religion in post-communist Russia. It begins with the implementation of a new legal regime of broad religious freedom during the period ...
More
This chapter catalogues the torturous path of the treatment of religion in post-communist Russia. It begins with the implementation of a new legal regime of broad religious freedom during the period of Perestroika and Glasnost at the end of the Soviet era, which endured through the religious freedom of 1990 in the new Russian Federation. It then demonstrates how authorities of the Russian Orthodox Church (ROC) joined with the ruling political elite to suppress the freedom of religious competitors. New laws restricted the activities of religious minorities, but did not stem the growing religious pluralism in Russia. Thus efforts by Vladimir Putin to gain legitimacy for authoritarian measures through privileges accorded the ROC produced a backlash and forged alliances of religious minorities and the intelligentsia that reinforced religious freedom as a value in Russia. New demographic evidence shows that religious pluralism is gaining ground and fuelling hopeful democratic impulses.Less
This chapter catalogues the torturous path of the treatment of religion in post-communist Russia. It begins with the implementation of a new legal regime of broad religious freedom during the period of Perestroika and Glasnost at the end of the Soviet era, which endured through the religious freedom of 1990 in the new Russian Federation. It then demonstrates how authorities of the Russian Orthodox Church (ROC) joined with the ruling political elite to suppress the freedom of religious competitors. New laws restricted the activities of religious minorities, but did not stem the growing religious pluralism in Russia. Thus efforts by Vladimir Putin to gain legitimacy for authoritarian measures through privileges accorded the ROC produced a backlash and forged alliances of religious minorities and the intelligentsia that reinforced religious freedom as a value in Russia. New demographic evidence shows that religious pluralism is gaining ground and fuelling hopeful democratic impulses.
Uwe Kischel
- Published in print:
- 2019
- Published Online:
- April 2019
- ISBN:
- 9780198791355
- eISBN:
- 9780191833830
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198791355.003.0010
- Subject:
- Law, Comparative Law, Constitutional and Administrative Law
This chapter describes Islamic law. Islamic law is not the law of a single state, but rather a religious law of special importance, whose prominence has increased over the last few decades. It is ...
More
This chapter describes Islamic law. Islamic law is not the law of a single state, but rather a religious law of special importance, whose prominence has increased over the last few decades. It is therefore necessary to distinguish between Islamic law and the law in states with predominantly Muslim populations. The defining characteristic of Islamic law is its religious origin and character. In contrast to all state law, it is based on a God-given text, the Koran. Thus, at its core, it is itself divine in nature, not the product of mankind. This explains its special status and claims, but also its special problem. Meanwhile, the latter body of law is geared toward classical Islamic law to widely varying extents. Islamic law is by no means the only example of religious law, but other bodies of religious law—such as Jewish or canon law—are much less significant in the current times.Less
This chapter describes Islamic law. Islamic law is not the law of a single state, but rather a religious law of special importance, whose prominence has increased over the last few decades. It is therefore necessary to distinguish between Islamic law and the law in states with predominantly Muslim populations. The defining characteristic of Islamic law is its religious origin and character. In contrast to all state law, it is based on a God-given text, the Koran. Thus, at its core, it is itself divine in nature, not the product of mankind. This explains its special status and claims, but also its special problem. Meanwhile, the latter body of law is geared toward classical Islamic law to widely varying extents. Islamic law is by no means the only example of religious law, but other bodies of religious law—such as Jewish or canon law—are much less significant in the current times.
Samuel H. Dresner
- Published in print:
- 2001
- Published Online:
- March 2011
- ISBN:
- 9780823221158
- eISBN:
- 9780823236749
- Item type:
- chapter
- Publisher:
- Fordham University Press
- DOI:
- 10.5422/fso/9780823221158.003.0003
- Subject:
- Religion, Judaism
This chapter illustrates how Heschel confronted the central issue of Jewish observance. Noting that Judaism and Jewish people will survive only if the authority of religious ...
More
This chapter illustrates how Heschel confronted the central issue of Jewish observance. Noting that Judaism and Jewish people will survive only if the authority of religious law is taken seriously, it considers Heschel's support for the tradition while recognizing the frailty of today's spiritual seekers. After carefully surveying Heschel's views and writings on Jewish law, it attempts to formulate a golden mean for contemporary Jewish practice. It presents some of the essentials of Heschel's defense of the halakha. It also discusses the limits of halakha; responsibilities beyond the Law; morality and the Law; religious behaviorism; pan-halakhism; the mobility of the Law; the fallacy of fundamentalism; the danger of atomization; a theology of aggada; and the polarity of halakha and aggada.Less
This chapter illustrates how Heschel confronted the central issue of Jewish observance. Noting that Judaism and Jewish people will survive only if the authority of religious law is taken seriously, it considers Heschel's support for the tradition while recognizing the frailty of today's spiritual seekers. After carefully surveying Heschel's views and writings on Jewish law, it attempts to formulate a golden mean for contemporary Jewish practice. It presents some of the essentials of Heschel's defense of the halakha. It also discusses the limits of halakha; responsibilities beyond the Law; morality and the Law; religious behaviorism; pan-halakhism; the mobility of the Law; the fallacy of fundamentalism; the danger of atomization; a theology of aggada; and the polarity of halakha and aggada.
Amos N. Guiora
- Published in print:
- 2014
- Published Online:
- January 2014
- ISBN:
- 9780199331826
- eISBN:
- 9780199347254
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199331826.003.0004
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter examines the tension between state law and religious law; the harm caused by religious extremism; the history of the Church of Jesus Christ of Latter-day Saints; the history of polygamy; ...
More
This chapter examines the tension between state law and religious law; the harm caused by religious extremism; the history of the Church of Jesus Christ of Latter-day Saints; the history of polygamy; government intervention and the Fundamentalist Church of Jesus Christ of Latter-day Saints (FLDS); children/individuals who have suffered from FLDS extremism; and the “duty to care” obligation that parents owes to their children. The chapter concludes by arguing that membership and participation in civil democratic society explicitly demands that citizens respect the rule of law as supreme.Less
This chapter examines the tension between state law and religious law; the harm caused by religious extremism; the history of the Church of Jesus Christ of Latter-day Saints; the history of polygamy; government intervention and the Fundamentalist Church of Jesus Christ of Latter-day Saints (FLDS); children/individuals who have suffered from FLDS extremism; and the “duty to care” obligation that parents owes to their children. The chapter concludes by arguing that membership and participation in civil democratic society explicitly demands that citizens respect the rule of law as supreme.
David Wardle
- Published in print:
- 2002
- Published Online:
- January 2010
- ISBN:
- 9780198299905
- eISBN:
- 9780191707803
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198299905.003.0011
- Subject:
- Classical Studies, Prose and Writers: Classical, Early, and Medieval
This chapter examines the choice of divus as the title of the deified Caesar. It finds no connection with traditional Roman religious terminology, as examined by the philosophical Varro, or with ...
More
This chapter examines the choice of divus as the title of the deified Caesar. It finds no connection with traditional Roman religious terminology, as examined by the philosophical Varro, or with Cicero's philosophical speculations on the afterlife of great statesmen. It argues that tradition was invented, and was given credibility by using the vocabulary of archaic Roman religious law.Less
This chapter examines the choice of divus as the title of the deified Caesar. It finds no connection with traditional Roman religious terminology, as examined by the philosophical Varro, or with Cicero's philosophical speculations on the afterlife of great statesmen. It argues that tradition was invented, and was given credibility by using the vocabulary of archaic Roman religious law.
Rina Verma Williams
- Published in print:
- 2006
- Published Online:
- October 2012
- ISBN:
- 9780195680140
- eISBN:
- 9780199081721
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195680140.003.0001
- Subject:
- Law, Family Law
The role of law in the constitution of modern state power becomes especially significant, as both the institutions of the state and the law(s) it enforces were certainly developed in a dialectical ...
More
The role of law in the constitution of modern state power becomes especially significant, as both the institutions of the state and the law(s) it enforces were certainly developed in a dialectical and unequal relationship with outside powers. India's personal laws functioned as a guide for British colonies in Africa and elsewhere. Most personal law systems today are an amalgam of three types of laws: (a) customary laws; (b) some imported Western laws and accumulated case-law; and (c) religious laws. Interference in the personal laws referred to the reform, codification, or unification of the personal laws. This book explores four main periods in the development of Indian government policy on the personal laws. The 2004 election manifestos of neither the Bharatiya Janata Party-National Democratic Alliance coalition nor the Congress Party explicitly mentioned the personal laws or a uniform civil code.Less
The role of law in the constitution of modern state power becomes especially significant, as both the institutions of the state and the law(s) it enforces were certainly developed in a dialectical and unequal relationship with outside powers. India's personal laws functioned as a guide for British colonies in Africa and elsewhere. Most personal law systems today are an amalgam of three types of laws: (a) customary laws; (b) some imported Western laws and accumulated case-law; and (c) religious laws. Interference in the personal laws referred to the reform, codification, or unification of the personal laws. This book explores four main periods in the development of Indian government policy on the personal laws. The 2004 election manifestos of neither the Bharatiya Janata Party-National Democratic Alliance coalition nor the Congress Party explicitly mentioned the personal laws or a uniform civil code.
Arskal Salim
- Published in print:
- 2008
- Published Online:
- November 2016
- ISBN:
- 9780824832377
- eISBN:
- 9780824868963
- Item type:
- chapter
- Publisher:
- University of Hawai'i Press
- DOI:
- 10.21313/hawaii/9780824832377.003.0001
- Subject:
- Religion, Religious Studies
This introductory chapter provides various explanations for calls for the implementation of religious law (sharia) in a modern nation-state. Since the rise of the modern nation-state in the ...
More
This introductory chapter provides various explanations for calls for the implementation of religious law (sharia) in a modern nation-state. Since the rise of the modern nation-state in the nineteenth century, the supremacy of holy laws has been endlessly challenged. There has been a growing debate about whether the law of a state should remain closely related to religion or be wholly detached from it. In Indonesia, home to more Muslims than any other nation in the world, attempts to give sharia a constitutional status have been undertaken several times since the nation's independence on August 17, 1945. With Indonesia as the central venue of discussion, the chapter delves into the theoretical approaches to be undertaken by this volume in exploring the relationship between religious law and the nation-state.Less
This introductory chapter provides various explanations for calls for the implementation of religious law (sharia) in a modern nation-state. Since the rise of the modern nation-state in the nineteenth century, the supremacy of holy laws has been endlessly challenged. There has been a growing debate about whether the law of a state should remain closely related to religion or be wholly detached from it. In Indonesia, home to more Muslims than any other nation in the world, attempts to give sharia a constitutional status have been undertaken several times since the nation's independence on August 17, 1945. With Indonesia as the central venue of discussion, the chapter delves into the theoretical approaches to be undertaken by this volume in exploring the relationship between religious law and the nation-state.
Jonathan Powell and Jeremy Paterson (eds)
- Published in print:
- 2004
- Published Online:
- January 2010
- ISBN:
- 9780198152804
- eISBN:
- 9780191715143
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198152804.001.0001
- Subject:
- Classical Studies, Prose and Writers: Classical, Early, and Medieval
This book considers Cicero's forensic speeches as acts of advocacy, that is, designed to ensure that the person he represents is acquitted or that the person he is prosecuting is found guilty. It ...
More
This book considers Cicero's forensic speeches as acts of advocacy, that is, designed to ensure that the person he represents is acquitted or that the person he is prosecuting is found guilty. It sets the speeches within the context of the court system of the Late Roman Republic and explores the strategies available to Roman advocates to win the votes of jurors. The book deals with issues concerning the general nature of advocacy, the court system in ancient Rome as compared with other ancient and modern systems, the Roman ‘profession’ of advocacy and its etiquette, the place of advocacy in Cicero's career, the ancient theory of rhetoric and argument as applied to courtroom advocacy, and the relationship between the published texts of the speeches as we have them and the speeches actually delivered in court. Other topics covered by the book include legal procedure in Cicero's time, Cicero's Italian clients, Cicero's methods of setting out or alluding to the facts of a case, his use of legal arguments, arguments from character, invective, self-reference, and emotional appeal. Some particular speeches are discussed as case studies covering the period of the height of Cicero's career, from 70 BC, when he became acknowledged as the leading Roman advocate, to 49 BC when Julius Caesar's dictatorship required Cicero to adapt his well-tried forensic techniques to drastically new circumstances. Those speeches contain arguments on a wide range of subject matter, including provincial maladministration, usurpation of citizenship rights, violent dispossession, the religious law relating to the consecration of property, poisoning, bribery, and political offences.Less
This book considers Cicero's forensic speeches as acts of advocacy, that is, designed to ensure that the person he represents is acquitted or that the person he is prosecuting is found guilty. It sets the speeches within the context of the court system of the Late Roman Republic and explores the strategies available to Roman advocates to win the votes of jurors. The book deals with issues concerning the general nature of advocacy, the court system in ancient Rome as compared with other ancient and modern systems, the Roman ‘profession’ of advocacy and its etiquette, the place of advocacy in Cicero's career, the ancient theory of rhetoric and argument as applied to courtroom advocacy, and the relationship between the published texts of the speeches as we have them and the speeches actually delivered in court. Other topics covered by the book include legal procedure in Cicero's time, Cicero's Italian clients, Cicero's methods of setting out or alluding to the facts of a case, his use of legal arguments, arguments from character, invective, self-reference, and emotional appeal. Some particular speeches are discussed as case studies covering the period of the height of Cicero's career, from 70 BC, when he became acknowledged as the leading Roman advocate, to 49 BC when Julius Caesar's dictatorship required Cicero to adapt his well-tried forensic techniques to drastically new circumstances. Those speeches contain arguments on a wide range of subject matter, including provincial maladministration, usurpation of citizenship rights, violent dispossession, the religious law relating to the consecration of property, poisoning, bribery, and political offences.
