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Law, Religion and Tradition (Hardcover, 1st ed. 2018)
Loot Price: R3,939
Discovery Miles 39 390
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Law, Religion and Tradition (Hardcover, 1st ed. 2018)
Series: Law and Religion in a Global Context, 1
Expected to ship within 12 - 17 working days
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This book explores different theories of law, religion, and
tradition, from both a secular and a religious perspective. It
reflects on how tradition and change can affect religious and
secular legal reasoning, identifying the patterns of legal
evolution within religious and secular traditions. It is often
taken for granted that, even in law, change corresponds and
correlates to progress - that things ought to be changed and they
will necessarily get better. There is no doubt that legal changes
over the centuries have made it possible to enhance the protection
of individual rights and to somewhat contain the possibility of
tyranny and despotism. But progress is not everything in law:
stability and certainty lie at the core of the rule of law.
Similarly, religions and religious laws could not survive without
traditions; and yet, they still evolve, and their evolution is
often intermingled with secular law. The book asks (and in some
ways answers) the questions: What is the role of tradition within
religions and religious laws? What is the impact of religious
traditions on secular laws, and vice-versa? How are the elements of
tradition to be identified? Are they the same within the secular
and the religious realm? Do secular law and religious law follow
comparable patterns of change? Do their levels of resilience differ
significantly? How does the history of religion and law affect
changes within religious traditions and legal systems? The overall
focus of the book addresses the extent to which tradition plays a
role in shaping and re-shaping secular and religious laws, as well
as their mutual boundaries.
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