Página 1 dos resultados de 425 itens digitais encontrados em 0.011 segundos

‣ Stem Cells and Society: An Undergraduate Course Exploring the Intersections among Science, Religion, and Law

Pierret, Chris; Friedrichsen, Patricia
Fonte: American Society for Cell Biology Publicador: American Society for Cell Biology
Tipo: Artigo de Revista Científica
Publicado em //2009 Português
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The intersection of science and our society has led to legal and ethical issues in which we all play a part. To support development of scientific literacy, college science courses need to engage students in difficult dialogues around ethical issues. We describe a new course, Stem Cells and Society, in which students explore the basic biology of stem cell research and the controversy surrounding it. As part of the course, we highlight the nature of science, looking at the methods and norms within the scientific community. To gain a perspective on the current stem cell controversy, we examine the public debates in the 1970s surrounding in vitro fertilization, the stem cell initiative in Missouri, and the personal and religious viewpoints that have emerged relative to the stem cell debate. In the Stem Cells and Society course, students are challenged to develop and clarify their own personal positions concerning embryonic stem cell research. These positions are grounded in science, religion or personal philosophy, and law.

‣ Religion and Medicine: Why does religion play a role in medical regulation?

Anonymous, Anonymous
Fonte: Harvard University Publicador: Harvard University
Tipo: Paper (for course/seminar/workshop)
Português
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A comparison of the treatment of FDA regulation of religious devices with other intersections between general regulatory schemes and religious freedom. Comparisons included: religious fraud laws, regulation of faith healers under medical practitioner laws, and regulation of Native American religious sites on federal land. Also compared the treatment of the Church of Scientology in three other countries: the United Kingdom, Australia, and Germany with the Church’s treatment in the United States. The paper finds that the current approach to federal regulation of medical devices is probably the best way in which to regulate them, with the possible exception of the problems associated with defining religion and religious materials. The paper also finds that the treatment of religions with respect to general regulations is not preferable to the system of medical device regulation existent in the United States.

‣ Believing in Secular States. Freedom of Religion and Separation of State and Religion as Legal Concepts in Europe

SAMKALDEN, Channa
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Tese de Doutorado
Português
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This thesis examines the meaning and scope of freedom of religion and the principle of separation of state and religion, as well as their interaction, in both theory and practice. The first part explores the theoretical aspects of these two principles and tries to create a basic framework of interpretation for further research. In the second part of the thesis, the practical interaction of freedom of religion and separation o state and religion is examined in four European countries. A recurring question goes to the current and expected European influence on the matters discussed. Throughout the thesis, I will therefore specifically look at European law and the European Convention on Human Rights, if applicable. In matters concerning state and religion, legal and political considerations are intertwined. Nevertheless, it is possible and desirable to define core, legal principles of religious freedom and to distinguish these from questions of a more political character. Discussions on religious freedom would benefit from more consistent judicial reasoning.; Defense date: 19/01/2009; Examining board: David Feldman (External Co-Supervisor, Cambridge University), Egbert Myjer (Free University of Amsterdam / European Court of Human Rights)...

‣ 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...

‣ 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.
Português
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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.

‣ Medieval church and the law

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.
Português
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‣ Puritanism and modern law

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.
Português
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‣ Religion and social control in the society of today

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.
Português
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‣ 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).]

‣ Gender and Law Initiatives in Francophone Sub-Saharan Africa : Gender and Law Workshop in Francophone Sub-Saharan Africa (March 1998); Problematique hommes-femmes dans les pays francophones de l'Afrique Subsaharienne : reformes juridiques d'equite et initiatives visant a combattre la discrimination envers les femmes

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Tipo: Publications & Research :: Brief; Publications & Research
Português
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As a result of two years of constructive dialogue between the World Bank (WB), government agencies and grassroots' associations involved in the advancement of women, a workshop for the Promotion of the societal status of women in Francophone Sub-Saharan Africa was organized in March 1998 in Cotonou by the Association of Women Jurists (AFJB) with WB technical and financial assistance. From the perspective of the Bank, this initiative provided a timely forum to discuss the potential of gender-responsive legal and judicial reforms as part of the overall WB poverty alleviation and economic growth strategy. These were to provide for: a) an exchange of views (between civil society and government agencies as well as between countries) on country-specific substance of law, law enforcement and legal literacy issues, as these relate to women's experience of discrimination; and b) a constructive comparison of the operational experiences of the participants in these areas of activity. As such, the workshop was understood to be the first step in a foreseen twelve month process leading to the development...

‣ Religion and healthcare in the European Union : policy issues and trends

Petrova, Dimitrina; Clifford, Jarlath
Fonte: London : Alliance Publishing Trust, [Brussels] : NEF Initiative on Religion and Democracy in Europe. 2009. Publicador: London : Alliance Publishing Trust, [Brussels] : NEF Initiative on Religion and Democracy in Europe. 2009.
Tipo: Livro Formato: application/pdf
Português
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92 p. ; 24 cm.; Libro Electrónico; The impact of religious doctrine on the law, policy and practice of healthcare is becoming increasingly significant for a whole range of issues – from euthanasia to fertility treatment; from belief-based exemption from performing abortion for doctors to the medication and dietary needs of religious patients; from organ donation to contraception; from circumcision to suicide. The relationship between religion and healthcare has a long history of evoking tension and debate in Europe. While developments in medical technologies and techniques question the religious beliefs of policy-makers, practitioners and patients across the European Union, research into the legal and policy responses by EU member states on such issues remains underdeveloped. The challenge of health policy, which is common across the European Union, is to balance fundamental human rights such as the right to equality, the right to health and the right to freedom of religion while adhering to secular principles. This report aims to map out the major issues at stake and to initiate a broader discussion on how the religious needs of the community, religious doctrine and religious practices across the European Union affect public health policy.; Preface: The ‘Religion and Democracy in Europe’ initiative 7 About the authors 8 Introduction 9 Background 9 Purpose and conceptual framework 10 Terms...

‣ Law, yesterday and today. A critical to the constitutional neopositivism and the insufficience of the Human Rights; O direito, ontem e hoje. Crítica ao neopositivismo constitucional e insuficiência dos direitos humanos

Junqueira de Azevedo, Antonio
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 01/01/2007 Português
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O Autor faz, de início, uma sintética exposição da evolução histórica das relações entre Direito e religião e Direito e moral. Depois, após examinar o paradigma do Direito Natural e do positivismo legal, passa a ver a situação atual do raciocínio jurídico baseado na Constituição e nos direitos humanos. Critica, finalmente, o neopositivismo constitucional, por ser excessivamente normativo, e os direitos humanos, por não incluir o valor da vida em geral. Sugere a adoção da idéia de Direito como sistema e a admissão mais intensa do respeito à vida.; The Author begins doing and a syntethic exposition of the historical evolution of the relations between Law and religion and Law and moral. Then, after examine the paradigm of the Natural Law and the legal positivism, the Author starts to seek the current situation of the legal reasoning based in the Constitution and in human rights. Before, criticizes the constitutional neopositivism, because of its normative excess and the human rights for do not include the value of life in general. Finally, suggests the adoption of a system Law idea and admission of a more intense life respect.

‣ Muslim Family Law in South Africa: Paradoxes and Ironies

Moosa, Ebrahim E.I.
Fonte: Amsterdam University Press Publicador: Amsterdam University Press
Tipo: Parte de Livro
Publicado em //2010 Português
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The recognition of Muslim family law in South Africa is embedded in a long history of political struggle by the country's Muslim minority. With constitutional recognition for religion-based family and human rights safeguards, the proposed Muslim family law bill has landed in a quagmire of intra-Muslim disputes. The stand-off is between orthodox and ultra-orthodox Muslim clerics, the latter who find a human rights-friendly regime of Muslim family law to be antithetical to their view of religion, while orthodox and progressive Muslim groups find such accommodation to be acceptable to their religious convictions.

‣ 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.

‣ Unexamined faiths and the public place of religion: emerging insights from the law

Benson,Iain T.
Fonte: Acta Theologica Publicador: Acta Theologica
Tipo: Artigo de Revista Científica Formato: text/html
Publicado em 01/01/2011 Português
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The article examines certain key terms, such as "beliefs" and "faith" and how these are understood in relation to the public sphere. It examines some writings of recent popularist authors such as Richard Dawkins and Christopher Hitchens, and is critical of the authors' claims that they do not have faith or beliefs. Drawing on legal decisions in Canada and South Africa the article suggests that this sort of terminological looseness has legal and political implications when it comes to whether or not beliefs of all sorts (religious and non-religious) are treated fairly in the public sphere. Arguing for a more diverse public sphere, the article cautions that law should give greater attention to principles of modus vivendi rather than "convergence" in which the attempt is to eradicate legally allowable positions from the public sphere and place those who hold them, and their communities, at a disadvantage. The law must not, by inflating its own role, put added pressures on the liberty that accommodation and subsidiarity require.

‣ The freedoms of religion and culture under the South African Constitution: Do traditional African religions enjoy equal treatment?

Amoah,Jewel; Bennett,Tom
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 concerned with traditional African religions, in particular the belief system of the Pondo people of the Eastern Cape Province in South Africa, in terms of the rights to equal treatment and freedom of religion under that country's 1996 Constitution. The authors begin by describing a ceremonial animal sacrifice performed by a former executive member of South Africa's ruling African National Congress in 2007. This ritual brought to light a strong tendency to confound traditional African religions with culture. Although it is apparent that religious beliefs are treated with greater respect than cultural practices, any supposition that culture is less important than religion is not only alien to traditional African societies, but also contrary to the equality provisions in the Constitution. The paper argues that, as a consequence of being consistently overshadowed by the main monotheistic religions in Africa, Christianity and Islam, traditional religions receive far from equal treatment. Hence, instead of being treated equally, as dictated by the Constitution, traditional religions are perceived as incidents of culture, and are subjected to an implicit value judgment: that they are somehow inferior to 'true' religions, which the West would characterise as monotheistic. Full realisation of the freedoms of religion and culture requires that one be distinguished from the other. In proposing a method to do so...

‣ Law, religion and human rights in Botswana

Quansah,Emmanuel Kwabena
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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Religion is universally recognised as a fundamental and inalienable right. It comprises a set of common beliefs and practices generally held by a group of people, codified as prayer, ritual, religious law as well as cultural and ancestral traditions and myths. In Botswana, religion plays a significant part in the lives of the majority of people. The constitutional framework within which religion is practised allows freedom of religion and a number of legal provisions exist to protect this freedom. This article appraises the current state of religious freedom in Botswana in the context of constitutionally guaranteed human rights. It concludes that the basic framework established by the Constitution creates a separation of religion and state and provides the enabling environment for the exercise of freedom of religion. Consequently, it has ensured the requisite social harmony not only for continuous development, but also for continuous enjoyment of freedom of religion.

‣ Law, religion and human rights in the Democratic Republic of Congo

Mangu,André Mbata B
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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In 2005, the Parliament of the Democratic Republic of Congo (DRC) enacted a new Constitution aimed at establishing democratic rule and replacing the interim Constitution that was enacted after and in line with the resolutions of the inter-Congolese dialogue held at Sun City, South Africa, in 2002 and 2003. The new Constitution was approved by referendum in December 2005. It was promulgated by the President on 18 February 2006 and has since then governed the country. This Constitution provides that the DRC is a democratic country based on the rule of law and respect for human rights. It enshrines the rights of all the people in the country, including the right to freedom of thought, conscience and religion. This article reflects on law, religion and human rights in the DRC. It argues that the right to freedom of religion is closely related to other civil and political rights or fundamental freedoms. This right is subject to the law and is critical for peace, development, and democracy.

‣ Law, religion and human rights in Nigeria

Nwauche,Enyinna S
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 paper explores the relationship between law, religion and human rights in Nigeria. The level and intensity of religious strife in Nigeria justify this inquiry, whose aim should be the design of a framework that enables individuals to enjoy the freedom of religion and ensures that religious conflicts are managed in Nigeria's multi-ethnic and multi-religious context. Almost a decade to the introduction of Islamic criminal law in the 12 northern states of Nigeria, there is no longer any doubt that religion is fundamental to the survival of Nigeria. The basic thesis of this paper is that the key to understanding the relationship between law, religion and human rights in Nigeria lies in the unacknowledged dominance of Islam and Christianity, which I characterise as de facto state religions, and the resulting neglect of other religions. It is this reality, its denial and misunderstanding of attendant constitutional obligations that define the relationship between the Nigerian state and religion.

‣ 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.