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Books > Law > Jurisprudence & general issues
Elgar Advanced Introductions are stimulating and thoughtful
introductions to major fields in the social sciences, business and
law, expertly written by the world’s leading scholars. Designed
to be accessible yet rigorous, they offer concise and lucid surveys
of the substantive and policy issues associated with discrete
subject areas. This Advanced Introduction sets out the difficulty
of defining religion itself and the subsequent impact this has on
creating laws which regulate and protect it. Taking a global
comparative approach, Frank S. Ravitch guides the reader in how
this unique interaction plays out in differing legal systems
including in the U.S., Europe, and Asia. Providing further context
by contrasting specific case studies, the book provides a rounded
and coherent exploration of the complexities of law in relation to
religion. Key Features: Addresses the many issues surrounding
religious exceptions to general laws Considers the extent of
separation between government and religion, and the role of courts
in deciding religious questions Looks at the ways in which law may
govern discrimination by government or by private entities, based
on religion or religious concerns Explores the multifaceted
interactions between religion and law in many areas, including
human rights; public schooling; health and property; tax
exemptions; and clergy abuse This foundational book offers a
platform for researchers and students in the fields of law,
political science, ethics, and religious studies. It also provides
valuable insight for lawyers, judges and legislators with a focus
on law and religion. .
In this incisive and thought-provoking book, Francois Venter
illuminates the issues arising from the fact that the current
language of constitutional law is strongly premised on a particular
worldview rooted in the history of the states around the North
Atlantic Ocean. Highlighting how this terminological hegemony is
being challenged from various directions, Venter explores the
problem that all constitutional comparatists face: that they all
must use the same words to express different meanings. Offering a
compact but comprehensive constitutional history, Venter
investigates the ways in which the standard vocabulary does not fit
comfortably in many contemporary constitutional orders, as well as
examining how its cogency is increasingly being questioned.
Chapters contextualize comparative constitutional methods to
demonstrate how the language choices made by comparatists are
shaped by their own perspectives, arguing that careful explanation
of the meanings attached to constitutional terms is imperative in
order to be persuasive or even understood. Tackling the
foundational elements of the field, this book will be a critical
read for constitutional scholars across the globe. It will also be
of interest to high-level practitioners of constitutional law and
political scientists for its investigation of terminology that is
crucial to their work.
As the bicentenary of the Conseil d'Etat approaches, this new
edition of the leading English-language text provides a detailed
profile of the Conseil and offers an up-to-date overview of le
droit administratif, which is regarded, alongside the Code
Napoleon, as the most notable achievement of French legal science.
The Conseil d'Etat is taken as a model for many administrative
systems in Europe and beyond, and it continues to exercise a strong
influence upon the emerging democracies of Eastern Europe and the
Third World. The eleven expanded appendices, including statistics,
model pleadings and other illustrations, provide an invaluable and
accessible source of information on the French administrative
courts, their procedure and case-load. Throughout the approach is
comparative, with frequent references to developments in United
Kingdom administrative law and in the EC institutions. The book
will be an invaluable guide to all students of French law and
comparative public law.
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