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Incorporating Indigenous Law

Jacob T. Levy

in The Multiculturalism of Fear

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


Redemption Under Law

George P. Fletcher

in Our Secret Constitution: How Lincoln Redefined American Democracy

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


Secularism and Muslim Personal Law: The Shah Bano Debate, 1986

Rochana Bajpai

in Debating Difference: Group Rights and Liberal Democracy in India

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


The Autonomy and Ministers of Religious Organizations

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/9780199604005.003.0006
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


Personal Laws and Women’s Rights

Flavia Agnes

in Family Law Volume 1: Family Laws and Constitutional Claims

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


Nationalism, Recognition, and Family Formation

Narendra Subramanian

in Nation and Family: Personal Law, Cultural Pluralism, and Gendered Citizenship in India

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


Law, Person, and Community: Philosophical, Theological, and Comparative Perspectives on Canon Law

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


Life in a Republic: The Lessons of Theology

Susan James

in Spinoza on Philosophy, Religion, and Politics: The Theologico-Political Treatise

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


Halakhah in the Making: The Development of Jewish Law from Qumran to the Rabbis

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


Civil society

Edwin Bacon, Bettina Renz, and Julian Cooper

in Securitising Russia: The Domestic Politics of Vladimir Putin

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


In the Absence of Religious Freedom

Jolyon Baraka Thomas

in Faking Liberties: Religious Freedom in American-Occupied Japan

Published in print:
2019
Published Online:
September 2019
ISBN:
9780226618791
eISBN:
9780226618968
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226618968.003.0005
Subject:
Religion, Religion and Society

While postwar scholars have described the 1939 Religious Organizations Law as the death knell for religious freedom in Japan, contemporaneous accounts by both Japanese and non-Japanese parties ... More


Introduction: Islam in Europe

Jytte Klausen

in The Islamic Challenge: Politics and Religion in Western Europe

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


Beneath the Brick and Mortar

John Renard

in Islam and Christianity: Theological Themes in Comparative Perspective

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


The Status of and Challenges to Religious Freedom in Russia

Roman Lunkin

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/9780199930890.003.0007
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


The Context of Islamic Law

Uwe Kischel

in Comparative Law

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


Halakha

Samuel H. Dresner

in Heschel, Hasidism, and Halakha

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


Deus or Divus: The Genesis of Roman Terminology for Deified Emperors and a Philosopher's Contribution

David Wardle

in Philosophy and Power in the Graeco-Roman World: Essays in Honour of Miriam Griffin

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


Introduction

Rina Verma Williams

in Postcolonial Politics and Personal Laws: Colonial Legal Legacies and the Indian State

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


Introduction

Arskal Salim

in Challenging the Secular State: The Islamization of Law in Modern Indonesia

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


Cicero the Advocate

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


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