Página 1 dos resultados de 425 itens digitais encontrados em 0.012 segundos

‣ Governing Islam: Law and Religion in Colonial India

Stephens, Julia Anne
Fonte: Harvard University Publicador: Harvard University
Tipo: Thesis or Dissertation
Português
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This dissertation charts how the legal regulation of Islam in colonial India fostered a conception of religion that focused on dividing it from secular economy and politics. Colonial law segregated religious law from other branches of law through intersecting binaries that pitted religion against reason and family against the economy. These binaries continue to shape both popular and scholarly approaches to South Asian religion. Unsettling these common assumptions, the dissertation reveals the close relationship between contemporary conceptions of religion and the imperatives of imperial governance. By segregating religious from secular law, the British developed a bifurcated strategy of governance that balanced contradictory commitments to preserving Indian traditions with introducing modernizing reforms. Scholars have traditionally located the origins of the colonial approach to administering Indian religious laws in the early decades of Company rule. The dissertation argues instead that the conceptual framework of religious personal laws emerged between the second and third quarter of the nineteenth century. Changing concepts of sovereignty, an evangelical commitment to spreading Christian civilization, and the integration of colonial production into global markets led colonial officials to look for ways to consolidate the authority of the colonial state. Due to the history of Mughal rule...

‣ Compliance with the Law under Religion-based Normative Conflicts: A Behavioral Analysis and Preliminary Prescriptions

Barak-Corren, Netta
Fonte: Harvard University Publicador: Harvard University
Tipo: Paper (for course/seminar/workshop)
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Conflicts between law and religion pose an enduring and acute problem for liberal democracies. I analyze an underexplored aspect of these conflicts: how individuals decide, from a behavioral perspective, to adhere to law or religion. I consider three common approaches to compliance in the literature — the economic analysis model, the legitimacy-fairness analysis model, and the conformity model — and argue that none of them suffices to explain behavior in religion-based normative conflicts. Instead, I suggest an identity-situation model that draws on all three models but reconstructs the analysis around the interplay of two identities: religious identity and civic identity. I argue that in situations that call for deliberation, the strength of religious identity relative to civic identity influences the mode of analysis — economic or legitimacy-based — deployed to decide whether to obey the law. And, in situations that call for conformity, the relative salience of each identity will impact how the individual settles the normative conflict. The paper discusses the new framework and considers some of its legal implications. I argue that little can be done about conformity situations, but more can be done about deliberative situations...

‣ Triangulation of rights, balancing of interests : exploring the tensions between freedom of conscience and freedom of religion in comparative constitutional law

Dabby, Dia
Fonte: Université de Montréal Publicador: Université de Montréal
Tipo: Thèse ou Mémoire numérique / Electronic Thesis or Dissertation
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La liberté de religion, souvent reconnue comme étant la « première liberté » dans de nombreuses traditions juridiques, reflète également les différentes conceptions de la place de l’individu et de la communauté dans la société. Notre étude analysera les modèles constitutionnels canadien, américain et européen de liberté de religion et conscience. Dans un premier chapitre, nous examinerons les conceptions théoriques de la religion dans les sciences sociales ainsi les approches juridiques afin de mieux cerner comment la religion est conçue et de plus, comprendre les diverses influences sur sa conceptualisation. Dans un second et troisième chapitre, nous tenterons d’une part, de qualifier la relation entre la liberté de conscience et la liberté de religion au Canada en nous livrant à une analyse approfondie des deux libertés et d’autre part, d’identifier les questions qui demeurent irrésolues. Dans le chapitre final, nous observerons comment la liberté de conscience a été interprétée dans les contextes américain et dans l’Union Européenne, par le biais de la Cour Européenne des droits de l’Homme. Notre hypothèse est que l’on peut arriver à une meilleure compréhension de la relation entre les libertés de conscience et religion en clarifiant les conceptions théoriques de la religion et de la conscience en droit constitutionnel comparé.; Freedom of religion...

‣ Theology, law, and the Australian legal academy

Babie, P.
Fonte: Taylor & Francis Inc Publicador: Taylor & Francis Inc
Tipo: Artigo de Revista Científica
Publicado em //2012 Português
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Sometimes overlooked in the current scrutiny given law and religion is the relationship between theology and law. It is this latter nexus that is relevant to the world in which we live and the relationships that sustains us as nations and societies. In 4 parts, this article explores that relationship as it is found in Australia, and specifically, as it is viewed within the Australian legal academy. First, it distinguishes theology from religion. Second, it explores whether theology is important to Australian life. Third, having concluded that theology is important, the article considers the Australian theoretical literature that seemingly downplays the law school as the place for the study of the relationship between law and theology. Finally, the article argues that although the theoretical literature attempts to exclude religion from the development of law, it does not reject the study of the way that theology might nonetheless play a role in Australian social interaction.; Paul Babie

‣ The place of religion in public education : theoretical considerations

IBADOV, Rashad
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Tese de Doutorado
Português
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This PhD thesis, entitled ‘The Place of Religion in Public Education: Theoretical Considerations’, aims at answering the following question: ‘what should be the permissible room for religion in modern public education under the principle of neutrality’. The fundamental nature of this question requires a structuring and theorization of the interaction between religion and public education in two interrelated theoretical steps. The first step clarifies the general principles (or approaches) guiding the interaction of religion with public education, which are the principle of cooperation and the principle of accommodative neutrality; the latter clarifying the general degree of cooperation between religion and public education. The second step identifies and constructs the dimensions of this relationship, which are ‘freedom’, ‘interest’, ‘instruction’ and ‘support’. In this regard, while considering the permissible room for religion in public education, the primary research question of this thesis aims at setting up a theoretical platform from which one can reason and argue any religious issue or claim that emerges in the course of public education. Hence, this research examines and re-designs those important principles...

‣ Dynamic law and religion in Europe : acknowledging change : choosing change

VENTURA, Marco
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
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The process through which European States and institutions have responded to the social and cultural mutation in the European religious landscape has been met with increasing criticism. Depending upon the interests and the agendas at stake, European instances have been blamed for being too weak or too strong in their policies affecting religion, for being biased either in favor or against religion and ultimately for an insufficient commitment to worldwide religious liberty. This paper aims at responding to criticism through a three-step approach. First, it will highlight the peculiarity and salience of developments in European law and religion, based on the four projects that drove the interaction of law and religion in the European integration process: the human rights project, the single market project, the secular project and the religious project. In this part, I will suggest that, prior to any discussion on the direction that Europeans should take in the future, it is necessary to acknowledge Europe as an extraordinary laboratory of equality and diversity, allowing for an extremely dynamic interaction of law and religion to develop. Second, the paper will underline the concoction of human rights and single market in the making of European dynamic law and religion...

‣ Defining religion in American law : Psychic Sophie and the rise of the Nones

MOVSESIAN, Mark L.
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
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The most important recent development in American religion is the dramatic increase in the number of people who claim no religious affiliation — the rise of the Nones. In this Working Paper, I discuss the social factors that explain the rise of the Nones--demography, politics, family, technology, a distrust of institutions generally--and explain what this development might mean for the definition of religion in American law. I focus on a recent federal appeals court case involving a self-styled spiritual adviser, “Psychic Sophie,” who claimed that following her “inner flow” constituted a religion meriting constitutional and statutory protection. I argue that the case is a close one. Protecting Nones as a religion would promote the important goals of state religious neutrality and personal autonomy. On the other hand, religion has always been understood in terms of community. Indeed, as Tocqueville saw, it is precisely religion’s communal aspect that makes it so important to liberal democracy. Granting Nones the status of a religion would fail to capture this important social benefit.

‣ Index to The Rice Institute Pamphlet, Volume Twenty-Seven, No. 2, April 1940: Law and religion

Pound, Roscoe, 1870-1964
Fonte: Electronic version published by Fondren Library, Rice University, made possible with funding from the Rice Historical Society and Thomas R. Williams, Ph.D., class of 2000. Publicador: Electronic version published by Fondren Library, Rice University, made possible with funding from the Rice Historical Society and Thomas R. Williams, Ph.D., class of 2000.
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Rockwell Lectures on Religious Subjects, delivered at the Rice Institute, April 2, 3, and 4, 1940, by Roscoe Pound, Ph.D., LL.M., LL.D., L.H.D., D.C.L., J.U.D., University Professor at Harvard University, and formerly Dean of the Harvard Law School.

‣ Breaking the silence: Law, theology and religion in Australia

Babie, P.
Fonte: Melbourne University Law Review Publicador: Melbourne University Law Review
Tipo: Artigo de Revista Científica
Publicado em //2007 Português
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The collection of essays found in Theology and Law: Partners or Protagonists? makes a valuable contribution to the exploration of the relationship between law and religion. Still, there is a flaw with the volume: it fails to define and distinguish ‘theology’ and ‘religion’. Drawing a distinction between the two terms has methodological implications. This review essay offers a means of distinguishing the two terms, from which two methodological approaches flow: ‘law and religion’ and ‘theology and law’. A volume devoted solely to the latter would make a significant and unique contribution to existing Australian legal literature, while one devoted to the former would merely add to a relatively well-established body of research. While this review essay argues that the volume is directed more to law and religion than theology and law, it also concludes that the volume is significant and important because it opens a sustained and focused dialogue between religion (which includes theology) and law.; Paul Babie; Review essay. ['Theology and Law: Partners or Protagonists?' edited by Parker, Christine and Preece, Gordon (2005).]

‣ Text, Doctrine and Tradition in Law and Religion

Neoh Fei, Joshua
Fonte: Oxford University Press Publicador: Oxford University Press
Tipo: Artigo de Revista Científica
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We inhabit different normative universes. We traverse different symbolic worlds. Symbolic worlds help us to orient ourselves within the flux of experience and supply us with coherent normative universes within which we can meaningfully live. Our symbolic worlds are constructed by our discourses � by the way we talk, argue and reason among ourselves about our norms and their meaning. Law and religion are the exemplars of symbolic worlds which are sustained by our legal and religious discourses. This presentation will focus on the legal discourse of constitutionalism within a common law system and the religious discourse of Western Christianity. It aims to probe and penetrate these discourses in order to understand their modes of operation. How are they structured? More specifically, what are their constitutive elements, and how are their constitutive elements related?

‣ Law, Morals and Religion; O direito, a moral e a religião

Takayanagi, Fabiano Yuji
Fonte: Universidade de São Paulo. Faculdade de Direito Publicador: Universidade de São Paulo. Faculdade de Direito
Tipo: info:eu-repo/semantics/article; info:eu-repo/semantics/publishedVersion; ; Formato: application/pdf
Publicado em 01/01/2008 Português
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This text is about a research that starts with the concepts of Law, as a posed norms to lead a society; morals, as internal and psychological norms to the self conduct of individuals; religion, as an explanation of a lot of unknown events or even ways to go ahead, to reach the point that these definitions interrelate, or even to the point that constitute an unity. For this purpose, a study was made according to legal, philosophic and theological thinkers that exhaustively tried to reach to a unique, but uncertain consensus. Furthermore, Muslim Law was analyzed to demonstrate the great influence of religion in morals, family and commercial relations, as well as in the creation of Law as a way of conduct of the Islamic people.; Trata-se de uma pesquisa que se inicia nos conceitos do Direito, como normas postas a fim de conduzir uma sociedade, da Moral, como normas internas psicológicas para a própria conduta do indivíduo, e da Religião, como explicação de muitos fenômenos desconhecidos ou até mesmo caminhos a serem trilhados, a fim de se chegar ao ponto que tais definições se tocam, ou até mesmo ao ponto que se unem como uma unidade. Para isso, será feita um estudo à luz da análise dos pensadores jurídicos, filosóficos e teológicos que tentaram exaustivamente chegar a um consenso único...

‣ Legal doctrines of freedom of conscience and religion: comparative analysis of the current state in Russia, European Union, Italy and Spain; Instituição jurídica da liberdade de consciência e de religião. Análise comparativa: O estado atual na Rússia, na União Europeia, Itália e Espanha

Lagoda, Ekaterina
Fonte: Universidade de São Paulo. Faculdade de Direito Publicador: Universidade de São Paulo. Faculdade de Direito
Tipo: info:eu-repo/semantics/article; info:eu-repo/semantics/publishedVersion; ; Formato: application/pdf
Publicado em 01/01/2012 Português
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This paper examines the development of main aspects of the doctrine of freedom of conscience and religion at the present stage in the Russian Federation, in the context of European Union law and law of certain European countries - Italy and Spain. On the basis of comparative analysis, it was highlighted global trends and particular features of the constitutional regulation which predetermine the form and content of the doctrine of freedom of conscience and religion in the studied countries, taking into account the influence of international law-making in this area.; No artigo serão examinadas as direções principais de desenvolvimento da instituição da liberdade de consciência e de religião na etapa atual na Federação Russa, no contexto do direito da União Europeia e do direito de certos países europeus – Itália e Espanha. Na base da análise comparativa se revelam as tendências globais e as características distintivas da regulamentação constitucional as quais predeterminam a forma e conteúdo da constituição jurídica da liberdade de consciência e de religião nos países pesquisados, considerando a influência do Direito Internacional nesta área.

‣ The Christianism. The Canon Law; O cristianismo. O direito canônico

Campos Neto, Antonio Augusto Machado de
Fonte: Universidade de São Paulo. Faculdade de Direito Publicador: Universidade de São Paulo. Faculdade de Direito
Tipo: info:eu-repo/semantics/article; info:eu-repo/semantics/publishedVersion; ; Formato: application/pdf
Publicado em 01/01/2010 Português
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The Christian religion is based on Life and Teachings of Jesus Christ and almost everything we know about Him is contained in the first four New Testament books of the Bible, namely, the Gospels of Matthew, Mark, Lucan, nickname of Luke and John for disciples. Those four disciples tell the years of his preaching in Galilee, as well as, describing His death and resurrection. And the resurrection is the most important of all stories, since Christians believe that by sacrificing His Son, God brought them to salvation and an opportunity of an eternal life. From Religion borns the Law and Ethics, the History of Religion is the history of man in search of much more to organize better the life. The mother Religion needed improvement: the son Law and man, homo sapiens, in this quest of production, industrialization, economic-social relation aimed to understand it and improve it. In hebrew Doctrine – the Cristianism derives from that – the Law is unchangeable and only God can change; fundamental idea of  Ecclesiastical or CanonLaw and your nature, under Pope Paul VI, is based on the concept of a perfect society that we translate as sovereign and independent society and the legal principle ubi societas ibi ius.; A Religião cristã é baseada na Vida e nos Ensinamentos de Jesus Cristo e quase tudo o que se sabe sobre Ele está contido nos quatro primeiros livros do Novo Testamento da Bíblia...

‣ Book review: A secular Europe: law and religion in the European constitutional landscape

Power, Mick
Fonte: London School of Economics and Political Science Publicador: London School of Economics and Political Science
Tipo: Website; NonPeerReviewed Formato: application/pdf
Publicado em 09/01/2013 Português
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A Secular Europe assesses the problem of accommodating diverse religious practices across Europe within a secular legal framework. Mick Power finds that although there is some repetition due to many of the chapters being published previously as separate papers, the book offers a valuable contribution to the debate on how European states should approach the issue of religion.

‣ Limitations on religion in a liberal democratic polity: Christianity and Islam in the public order of the European Union

McCrea, Ronan
Fonte: Department of Law, London School of Economics and Political Science Publicador: Department of Law, London School of Economics and Political Science
Tipo: Monograph; NonPeerReviewed Formato: application/pdf
Publicado em /12/2007 Português
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This paper examines aspects of the European Union’s approach to the accession of new member states and the integration of immigrants to show how the Union has viewed religion as a potential threat to the autonomy of the public sphere and to individual autonomy in the private sphere and has required acceptance of limitations on religious influence over law and law-making from both applicant states and individual migrants. It notes how, in common with the jurisprudence of the European Court of Human Rights, the EU has been willing to interfere with privacy and individual autonomy in order to protect such principles from the consequences of unlimited religious influence on law and society. Finally the paper considers how the Union’s attempts to uphold limitations on religion in the public sphere have been complicated by the partial and contested nature of the secularity of its existing members. It shows how an Islamic presence in the public sphere has been identified by the Union as particularly threatening to the liberal democracy in contrast to its ready acceptance of the public roles of culturally and historically entrenched Christian denominations in many member states.

‣ Religion, law and human rights in post-conflict Liberia

Heaner,Gwendolyn
Fonte: African Human Rights Law Journal Publicador: African Human Rights Law Journal
Tipo: Artigo de Revista Científica Formato: text/html
Publicado em 01/01/2008 Português
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Liberia has had a turbulent recent history, and today deals with extreme poverty, high crime, ethnic tensions, widespread impunity and corruption. In addition to this, there is a complex and contradictory relationship between law and religion, which further complicates the ongoing efforts towards peace building and reconstruction. This paper aims to highlight the fundamental question of whether certain laws and human rights - in this case, religious or cultural freedom - can or should be actively promoted by the state and by society in such a unique scenario as fragile, post-conflict Liberia. The paper first addresses this question with respect to the country's contradictory dual-justice system, highlighting the problems that arise when the weak state struggles to enforce statutory and human rights law, while much of the population still sees legitimate justice to be rooted in traditional mechanisms, such as trials by ordeal, which oppose these laws. The second section of the paper considers the extent to which all Liberians enjoy religious freedom. It is shown that, while Liberia is de facto a secular state, it is essentially de jure a Christian country. Although there are historically and presently few indications of unrest based strictly on religion...

‣ Religion, law and human rights in Zimbabwe

Mutangi,Tarisai
Fonte: African Human Rights Law Journal Publicador: African Human Rights Law Journal
Tipo: Artigo de Revista Científica Formato: text/html
Publicado em 01/01/2008 Português
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This article is an audit of the interplay between religion, law and human rights in Zimbabwe. It examines key issues such as the legal framework in place for the protection of freedom of conscience, including court jurisprudence, the religious demography of Zimbabwe, and the place of religion in politics, education and the Zimbabwean lifestyle. It also scrutinises the co-existence of ideologically antagonistic practices, such as Pentecostal Christianity versus indigenous beliefs and practices. The article argues that the subject of religion is not a sensitive one in Zimbabwe, hence it does not easily occur in political or general debates. Drawing from his own experiences, the author concludes that, apart from looking after spiritual needs, churches play a significant role in subsidising the state's obligations in the provision of socio-economic rights such as health, education and food. For this reason, churches have an important place in national politics as partners in development. The article concludes by citing problematic areas involving religion and politics, such as child marriages practised in certain religious groupings. The author also notes the harassment of church leaders who express their alarm about the political and economic melt-down of the country. This is another problem bedevilling a somewhat previously tranquil relationship between the state and religion.

‣ Law and religion in Africa: Living expressions and channels of co-operation

Mwamba,Musonda Trevor Selwyn
Fonte: African Human Rights Law Journal Publicador: African Human Rights Law Journal
Tipo: Artigo de Revista Científica Formato: text/html
Publicado em 01/01/2014 Português
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Drawing on Anglo-American legal and literary classics and the contemporary situation of Africa, this article discusses the unity of law and religion, the demand for justice, the importance of context, the power of law and religion as living expressions of a people's humanity, and the centrality of the moral agent. It concludes with observations about the need to nurture spirituality and morality in Africa in order to strengthen both legal and religious norms.

‣ Exploring the contours of African sexualities: Religion, law and power

Tamale,Sylvia
Fonte: African Human Rights Law Journal Publicador: African Human Rights Law Journal
Tipo: Artigo de Revista Científica Formato: text/html
Publicado em 01/01/2014 Português
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This article explores of the diverse ways through which organised religion, personal spiritual convictions, culture and the law shape, challenge and potentially transform the sexualities of African peoples. I argue that, through the intersection of religion, statutory law and reinterpreted traditional customs, the complexity of African sexualities (particularly those of women) is instrumentalised, controlled and regulated by the patriarchal state. As sources of power, the institutions of culture, religion and law structure sexual morality in such a way that it congeals into states of domination. Attempts to assert sexual citizenship have spawned social movements on the continent, challenging the dominant sexual discourses and demanding increased sexual autonomy and freedom. These movements have the potential to profoundly reshape our understanding of the links between sexualities and religion.

‣ The troubled relationship of state and religion in Eritrea

Mekonnen,Daniel R; Kidane,Selam
Fonte: African Human Rights Law Journal Publicador: African Human Rights Law Journal
Tipo: Artigo de Revista Científica Formato: text/html
Publicado em 01/01/2014 Português
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Eritrea is a multi-ethnic, multi-lingual and multi-religion country. The country does not have an official state religion. However, since the country's independence in 1991, the relationship between state and religion has been a troubled one. At least four religions are officially recognised by the state: Islam, of the Sunni rite; the Eritrean Orthodox Tewahdo Church, part of the worldwide Coptic Orthodox Church of the eastern rite; the Eritrean Catholic Church, part of the worldwide Roman Catholic movement; and the Eritrean Evangelical Church, part of the Lutheran World Federation. There are also a number of religious beliefs which are not formally recognised by the state. Members of these religious groups practise their belief clandestinely at the risk of insurmountable levels of persecution: If caught practising their religion in whatever form, they are treated harshly. The persecution of these groups takes place mainly in the form of coerced repudiation of one's religion. This is routinely accompanied by various forms of human rights violations, such as prolonged arbitrary detention and solitary confinement, including torture. In extreme cases it also entails extrajudicial execution. In this context, freedom of religion is severely restricted in Eritrea due to the excessive levels of state intervention in matters of personal belief or creed. As such...