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Law and Religion (Hardcover)
Norman Doe, Russell Sandberg
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R27,707
R23,379
Discovery Miles 233 790
Save R4,328 (16%)
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Ships in 12 - 17 working days
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From the murderous reaction to the publication in a French
satirical magazine of 'blasphemous' cartoons, to wrangles over the
wearing of religious dress and symbols in schools and workplaces,
the interaction between law and religion is rarely far from the
headlines. Indeed, the editors of this Routledge collection argue
that, since the events of 11 September 2001, the short- and
long-term implications of multiculturalism, religious resurgence,
and extremism have dominated public life both globally and
domestically. Consequently, they say, the legal framework
concerning the regulation of religion has changed dramatically over
the last decade or so. There have been numerous developments at the
global, regional, state, and sub-state level, and these changes
have been accompanied by an unprecedented number of high-profile
cases affecting religious individuals and groups. Now, this new
collection from Routledge's Critical Concepts in Law series, edited
by two prolific authors based at the world-leading Centre for Law
and Religion at Cardiff University, meets the need for an
authoritative reference work to help researchers and students
navigate and make better sense of an abundance of scholarship. With
a full index, and thoughtful introductions, newly written by the
learned editors, Law and Religion traces the field's development
and highlights the challenges for future explorations. The
collection will be valued by legal and religious scholars as a
vital and enduring resource.
Written by experts from within their communities, this book
compares the legal regimes of Christian churches as systems of
religious law. The ecumenical movement, with its historical
theological focus, has failed to date to address the role of church
law in shaping relations between churches and fostering greater
mutual understanding between them. In turn, theologians and jurists
from the different traditions have not hitherto worked together on
a fully ecumenical appreciation of the potential value of church
laws to help, and sometimes to hinder, the achievement of greater
Christian unity. This book seeks to correct this ecumenical church
law deficit. It takes account of the recent formulation by an
ecumenical panel of a Statement of Principles of Christian Law,
which has been welcomed by Pope Francis and the Ecumenical
Patriarch of Constantinople, leader of the Orthodox Church
worldwide, as recognizing the importance of canon law for
ecumenical dialogue. This book, therefore, not only provides the
fruits of an understanding of church laws within ten Christian
traditions, but also critically evaluates the Statement against the
laws of these individual ecclesial communities. The book will be an
essential resource for scholars of law and religion, theology, and
sociology. It will also be of interest to those working in
religious institutions and policy-makers.
Written by experts from within their communities, this book
compares the legal regimes of Christian churches as systems of
religious law. The ecumenical movement, with its historical
theological focus, has failed to date to address the role of church
law in shaping relations between churches and fostering greater
mutual understanding between them. In turn, theologians and jurists
from the different traditions have not hitherto worked together on
a fully ecumenical appreciation of the potential value of church
laws to help, and sometimes to hinder, the achievement of greater
Christian unity. This book seeks to correct this ecumenical church
law deficit. It takes account of the recent formulation by an
ecumenical panel of a Statement of Principles of Christian Law,
which has been welcomed by Pope Francis and the Ecumenical
Patriarch of Constantinople, leader of the Orthodox Church
worldwide, as recognizing the importance of canon law for
ecumenical dialogue. This book, therefore, not only provides the
fruits of an understanding of church laws within ten Christian
traditions, but also critically evaluates the Statement against the
laws of these individual ecclesial communities. The book will be an
essential resource for scholars of law and religion, theology, and
sociology. It will also be of interest to those working in
religious institutions and policy-makers.
This collection, by leading legal scholars, judges and
practitioners, together with theologians and church historians,
presents historical, theological, philosophical and legal
perspectives on Christianity and criminal law. Following a Preface
by Lord Judge, formerly Lord Chief Justice of England and Wales,
and an introductory chapter, the book is divided into four thematic
sections. Part I addresses the historical contributions of
Christianity to criminal law drawing on biblical sources, early
church fathers and canonists, as far as the Enlightenment. Part II,
titled Christianity and the principles of criminal law, compares
crime and sin, examines concepts of mens rea and intention, and
considers the virtue of due process within criminal justice. Part
III looks at Christianity and criminal offences, considering their
Christian origins and continuing relevance for several basic crimes
that every legal system prohibits. Finally, in Part IV, the authors
consider Christianity and the enforcement of criminal law, looking
at defences, punishment and forgiveness. The book will be an
invaluable resource for students and academics working in the areas
of Law and Religion, Legal Philosophy and Theology.
Law and religion, as a subdiscipline of law, has gained increasing
attention in recent years. However, the complex relationship
between law and religion cannot be fully understood with reference
to legal research alone. This Research Handbook includes
provocative chapters from experts on a range of concepts,
perspectives and theories, drawing on a variety of disciplines,
which can be used to further law and religion scholarship.
Featuring chapters written by authors from a diverse range of
backgrounds, the Handbook focuses on five main perspectives on law
and religion: historical, philosophical, sociological, theological
and comparative. Each chapter provides a new way of looking at law
and religion which can complement and enhance a doctrinal legal
understanding of the topic. Crucially, this Handbook also
highlights the importance of recognising doctrinal legal study as
an approach in itself, which will shape research questions and
outputs accordingly. Providing an engaging and thoughtful
introduction to the range of interdisciplinary approaches that can
be taken to law and religion, this Handbook will be of interest to
scholars in law and religion, theologians, sociologists, legal
historians and political scientists. It will provide a rich
foundation for future interdisciplinary research in this important
area of study. Contributors include: L.G. Beaman, L. Bell, P.
Billingham, C.G. Brown, J. Burnside, J. Chaplin, B. Clark, D.
Dabby, N. Doe, D. Ezzy, M.A. Failinger, P. Fitzpatrick, D.J. Hill,
B.C. Kane, J. Machielson, M. McIvor, T. Modood, P. Monti, A. Nazir,
J. Neoh, L. OEztig, D. Perfect, S. Perfect, C. Roberts, R.
Sandberg, S. Thompson, M. Travers, C. Ungureanu, D. Whistler, J.
Yorke
This original book is a comprehensive, richly documented and
critical examination of laws applicable to Anglican cathedrals in
England, some of the most iconic monuments in the national heritage
and centres of spiritual and cultural capital. Law is the missing
link in the emerging field of cathedral studies. The book fills
this gap. It explores historical antecedents of modern cathedral
law, traces aspects of them that still endure, and explains the law
with particular reference to the recommendations of the
Archbishops' Commission on Cathedrals 1994 which led to the most
radical changes in the legal history of these churches since the
Reformation, culminating in the Cathedrals Measure 1999 and
associated later legislation. The book compares the domestic
constitutions and statutes of all the cathedrals of the Church of
England today - old foundations, new foundations and parish church
cathedrals - as well as policies and guidelines applicable to or
adopted by them. Whilst national law acts as a fundamental unifying
force, there is considerable diversity as between these in terms of
the breadth and depth of their coverage of topics. In the
socio-legal tradition, the book also explores through interviews
with clergy and others, at half of the cathedrals, how laws are
experienced in practice. These reveal that whilst much of the law
is perceived as working well, there are equally key areas of
concern. To this end, the book proposes areas for further research
and debate with a view to possible reform. Taking an architectural
feature of cathedrals as the starting point for each chapter, from
cathedral governance through mission, ministry, music and education
to cathedral property, what emerges is that law and architecture
have a symbiotic relationship so that a cathedral is itself a form
of juristecture.
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Law and History (Hardcover)
Norman Doe, Russell Sandberg
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R26,528
R23,373
Discovery Miles 233 730
Save R3,155 (12%)
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Ships in 12 - 17 working days
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The historical study of law is among the most important domains of
global legal scholarship. Indeed, many of the most distinguished
academic works on law are historical. And while much scholarly
output has focused on 'textual' legal history-exploring how legal
doctrines, ideas, concepts, principles, and institutions have
developed over time-in recent years there has also been a sharpened
focus on 'contextual' legal history, exploring the interaction and
interplay between legal and socio-political change. Now, to help
researchers and students navigate and make better sense of an
overabundance of scholarship, Routledge announces a new collection
in its Critical Concepts in Law series. Edited by two leading
academics, Law and History provides an authoritative 'mini library'
which explores the development of legal history as an area of study
by bringing together major works on the 'textual' legal history of
English law alongside cutting-edge 'contextual' legal history.
Volume I, entitled 'Historiography', explores the relationship
between law and history and the development of legal history. The
second and third volumes ('Public Law'and 'Land Law' ) explicate
law's historical development, while the collection's final volume,
'Law of Obligations', underscores the interaction between legal and
social and political change. With a full index, and thoughtful
introductions, newly written by the learned editors, Law and
History is sure to be welcomed as a vital and enduring reference
and pedagogical resource.
This original book is a comprehensive, richly documented and
critical examination of laws applicable to Anglican cathedrals in
England, some of the most iconic monuments in the national heritage
and centres of spiritual and cultural capital. Law is the missing
link in the emerging field of cathedral studies. The book fills
this gap. It explores historical antecedents of modern cathedral
law, traces aspects of them that still endure, and explains the law
with particular reference to the recommendations of the
Archbishops' Commission on Cathedrals 1994 which led to the most
radical changes in the legal history of these churches since the
Reformation, culminating in the Cathedrals Measure 1999 and
associated later legislation. The book compares the domestic
constitutions and statutes of all the cathedrals of the Church of
England today - old foundations, new foundations and parish church
cathedrals - as well as policies and guidelines applicable to or
adopted by them. Whilst national law acts as a fundamental unifying
force, there is considerable diversity as between these in terms of
the breadth and depth of their coverage of topics. In the
socio-legal tradition, the book also explores through interviews
with clergy and others, at half of the cathedrals, how laws are
experienced in practice. These reveal that whilst much of the law
is perceived as working well, there are equally key areas of
concern. To this end, the book proposes areas for further research
and debate with a view to possible reform. Taking an architectural
feature of cathedrals as the starting point for each chapter, from
cathedral governance through mission, ministry, music and education
to cathedral property, what emerges is that law and architecture
have a symbiotic relationship so that a cathedral is itself a form
of juristecture.
This collection, by leading legal scholars, judges and
practitioners, together with theologians and church historians,
presents historical, theological, philosophical and legal
perspectives on Christianity and criminal law. Following a Preface
by Lord Judge, formerly Lord Chief Justice of England and Wales,
and an introductory chapter, the book is divided into four thematic
sections. Part I addresses the historical contributions of
Christianity to criminal law drawing on biblical sources, early
church fathers and canonists, as far as the Enlightenment. Part II,
titled Christianity and the principles of criminal law, compares
crime and sin, examines concepts of mens rea and intention, and
considers the virtue of due process within criminal justice. Part
III looks at Christianity and criminal offences, considering their
Christian origins and continuing relevance for several basic crimes
that every legal system prohibits. Finally, in Part IV, the authors
consider Christianity and the enforcement of criminal law, looking
at defences, punishment and forgiveness. The book will be an
invaluable resource for students and academics working in the areas
of Law and Religion, Legal Philosophy and Theology.
This book examines in detail both historical and current legal
concepts of religious cultural heritage within the context of the
European continent. The latter group is primarily based on the
variety of sacred cultural elements emanating from the different
religious traditions of the peoples of Europe, which are deemed
worthy of protection and preservation due to their outstanding
value, in terms of their social, cultural and religious
significance."" In view of this, the study provides evidence of the
European States active involvement with their sacred/cultural
treasures, on the basis of the political and legal foundations of
neutrality and pluralism.
Furthermore, the book analyzes all relevant international
legislative instruments (i.e. the plethora of EU, EC and UNESCO
norms), as well as all major European legislative patterns, in
light of their significance for the aforementioned aspects of
pluralism and neutrality. The interdisciplinary references listed
at the end of each chapter provide an additional incentive for
further reading on the subject matter.
The most important finding to emerge from the study is that
there is a shared legal ethos in Europe that imposes a duty of
appropriate care concerning the vast variety of sacred cultural
goods and the religious cultural heritage in general, as an
invaluable repository of European cultural capital. It also
considers the "sui generis" nature of this capital: like any other
type of asset, it may deteriorate or fade over time, necessitating
investment in its preservation or refurbishment; nevertheless, like
no other, this particular capital maintains a distinct cultural
value, as it contains an additional characteristic of sacredness
expressed in the form of its religious character, the latter being
analyzed as a triptych of religious memory, religious aesthetics
and religious beliefs."
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