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The relationship between law and religion is evident throughout
history. They have never been completely independent from each
other. There is no doubt that religion has played an important role
in providing the underlying values of modern laws, in setting the
terms of the relationship between the individual and the state, and
in demanding a space for the variety of intermediate institutions
which stand between individuals and the state. However, the
relationships between law and religion, and the state and religious
institutions differ significantly from one modern state to another.
There is not one liberalism but many. This work brings together
reflections upon the relationship between religion and the law from
the perspectives of different sub-traditions within the broader
liberal project and in light of some contemporary problems in the
accommodation of religious and secular authority.
The relationship between law and religion is evident throughout
history. They have never been completely independent from each
other. There is no doubt that religion has played an important role
in providing the underlying values of modern laws, in setting the
terms of the relationship between the individual and the state, and
in demanding a space for the variety of intermediate institutions
which stand between individuals and the state. However, the
relationships between law and religion, and the state and religious
institutions differ significantly from one modern state to another.
There is not one liberalism but many. This work brings together
reflections upon the relationship between religion and the law from
the perspectives of different sub-traditions within the broader
liberal project and in light of some contemporary problems in the
accommodation of religious and secular authority.
The relationship between private and public law has long been the
focus of critical attention, but recent years have seen the growing
influence upon private law of statutory intervention, public
regulation, corporate globalisation and constitutional and
international human rights norms. Such developments increasingly
call into question the capacity of private law reasoning to operate
in isolation from public institutions and goals. Commencing with
three contrasting visions of the nature and importance of
distinctions between public and private in the modern day, this
book traces a number of encounters between private law and 'public'
values in key areas of private law doctrine, such as charity law,
commercial law, tort law and class actions, across several
jurisdictions. It examines the influence within these fields of
public concepts and goals, such as behavioural modification,
accountability and anti-discrimination norms, as well as the
(reverse) influence that private law has upon ('public') human
rights jurisprudence.
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