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Islam is a growing presence practically everywhere in Europe. In
Italy, however, Islam has met a unique model of state neutrality,
religious freedom and church and state collaboration. This book
gives a detailed description of the legal treatment of Muslims in
Italy, contrasting it with other European states and jurisprudence,
and with wider global tendencies that characterize the treatment of
Islam. Through focusing on a series of case studies, the author
argues that the relationship between church and state in Italy, and
more broadly in Europe, should be reconsidered both to secure
religious freedom and general welfare. Working on the concepts of
religious freedom, state neutrality, and relationship between
church and state, Andrea Pin develops a theoretical framework that
combines the state level with the supranational level in the form
of the European Convention of Human Rights, which ultimately shapes
a unitary but flexible understanding of pluralism. This approach
should better accommodate not just Muslims' needs, but religious
needs in general in Italy and elsewhere.
Islam is a growing presence practically everywhere in Europe. In
Italy, however, Islam has met a unique model of state neutrality,
religious freedom and church and state collaboration. This book
gives a detailed description of the legal treatment of Muslims in
Italy, contrasting it with other European states and jurisprudence,
and with wider global tendencies that characterize the treatment of
Islam. Through focusing on a series of case studies, the author
argues that the relationship between church and state in Italy, and
more broadly in Europe, should be reconsidered both to secure
religious freedom and general welfare. Working on the concepts of
religious freedom, state neutrality, and relationship between
church and state, Andrea Pin develops a theoretical framework that
combines the state level with the supranational level in the form
of the European Convention of Human Rights, which ultimately shapes
a unitary but flexible understanding of pluralism. This approach
should better accommodate not just Muslims' needs, but religious
needs in general in Italy and elsewhere.
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.
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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