Using the metaphor of 'constitutional space', this thought-provoking book describes the confluence and convergence of powers in a constitutional system, comprised of the principled exercise of the legislative, executive and judicial powers of constitutional government. The book asserts that when governance is guided by principle, convergence creates greater space for all human rights and fundamental freedoms; both community and individuals thrive. Conversely when any right or freedom is given precedence over any other for reasons of political expediency, this results in the loss or diminution of human rights and fundamental freedoms. Addressing the issues surrounding the freedom of religion or belief, this timely book explores the dimensions of constitutional space and the content of this freedom, as well as comparative approaches to defining and protecting this freedom. Freedom of Religion or Belief will be a key resource for academics working in the fields of law and religion, law and society and human rights law. It will also appeal to practitioners and policy-makers working on the issue of religious freedom. Contributors include: P.T. Babie, R. Barker, A.P. Bhanu, A. Deagon, C. Evans, J. Forrester, N. Foster, M. Fowler, J. Harrison, M. Hill, J. Neoh, E.U. Ochab, J. Patrick, C. Read, N.G. Rochow, V.-I. Savic, B.G. Scharffs, P. Taylor, P. Xiong

This book compares our contemporary preoccupation with ownership and consumption with the role of property and possessions in the biblical world, contending that Christian theology provides a valuable entry point to discussing the issue of private property-a neoliberal tool with the capacity to shape the world in which we live by exercising control over the planet's resources. Babie and Trainor draw on the teaching on property and possessions of Jesus of Nazareth. They demonstrate how subsequent members of the Jesus movement-the writers of early collection of Jesus sayings (called 'Q'), and the gospels of Mark and Luke-reformulated Jesus' teaching for different contexts that was radical and challenging for their own day. Their view of wealth and possessions continues today to be as relevant as ever. By placing the insights of the Galilean Jesus and the early Jesus movement into conversation with contemporary views on private property and consumer culture, the authors develop legal, philosophical and theological insights, what they describe as 'seven theses', into how our desire for ethical living fares in the neoliberal marketplace.

Increasingly, the modern neo-liberal world marginalises any notion of religion or spirituality, leaving little or no room for the sacred in the public sphere. While this process advances, the conservative and harmful behaviours associated with some religions and their adherents exacerbate this marginalisation by driving out those who remain religious or spiritual. And all of this is seen through the lens of social science, which seems to agree that religion remains important, if not in spiritual sense, at least as a source of folklore and a means of identification: religions remain rooted in the societies from which they emerged, and the legal systems of many of those societies emerged from religious sources, even if those societies remain unwilling to admit that fact. In the modern materialistic world of conformity, religion is less a source of guidance than a label of identification. The world therefore faces two issues. First, the decreasing level of spirituality in the 'West' widens the gap between worshippers and those who have left their faith (eg agnostics and atheists, or those who look at religion as a matter of 'picking and choosing' from a range of options). And, second, the strong connections to religion which remain in many nations, but which are often misused in the secular public sphere (both in the West and internationally). In such divided worlds, both religious and secular forces tend to lock themselves into closed groupings of 'pure truth' and in so doing increase the level of disagreement, in turn producing radicalism. In short, the modern world is divided in two ways: between religious and non-religious (although some have argued that the non-religious secular is itself a form of civil religion), and between those subscribing to divergent understandings of the same religious tradition. While hyperbolic and histrionic, the term 'culture wars' nonetheless best captures what we see happening in the public sphere today. The question emerges, then: how best to accommodate the democratic principle which posits that the majority should feel that it lives in a society of its own with the human rights principle, holding that is necessary to ensure the full protection of the minority's rights? How to balance these seemingly opposed principles? We are very familiar with the differences that appear between secular and sacred in the modern world; yet, what of the similarities amongst scriptures and laws which seek to encourage mutual understanding, cooperation and even cohabitation? Because religion itself is a source of law, a set of exhortations or commands as much as a set of rights, every major religion offers an approach to encountering 'the Other' in a positive, constructive, affirming way; and it is here that religions reveal much that they have in common. This book draws together the work of scholars engaged in exploring the possibilities for a 'utopian' world in the sense fostered by St Thomas More. The essays explore those dimensions of religious and civil law where 'love' - however that is defined by relevant texts - fosters and encourages acceptance of 'the Other' and will offer perspectives on the ways in which religious or civil/state law command one to act in the spirit of 'love'.

This book compares our contemporary preoccupation with ownership and consumption with the role of property and possessions in the biblical world, contending that Christian theology provides a valuable entry point to discussing the issue of private property-a neoliberal tool with the capacity to shape the world in which we live by exercising control over the planet's resources. Babie and Trainor draw on the teaching on property and possessions of Jesus of Nazareth. They demonstrate how subsequent members of the Jesus movement-the writers of early collection of Jesus sayings (called 'Q'), and the gospels of Mark and Luke-reformulated Jesus' teaching for different contexts that was radical and challenging for their own day. Their view of wealth and possessions continues today to be as relevant as ever. By placing the insights of the Galilean Jesus and the early Jesus movement into conversation with contemporary views on private property and consumer culture, the authors develop legal, philosophical and theological insights, what they describe as 'seven theses', into how our desire for ethical living fares in the neoliberal marketplace.

This book draws together leaders in science, the health sciences, the humanities, and the social sciences to investigate the role of religion, its meaning and relevance, for their area of specialization. It provides a much-needed fresh perspective on the way in which religion operates within the modern, neo-liberal world. The book approaches the topic by way of a critical engagement between religion, broadly defined, and the individual disciplines in which each of the contributors is expert. Rather than simply taking the dogmatic position that religion offers something to every possible discipline, each of the chapters in this collection addresses the question: is there something that religion can offer to the discipline in question? That is the value of the book - it takes a truly critical stance on the place of religion in contemporary society.

This book draws together leaders in science, the health sciences, the humanities, and the social sciences to investigate the role of religion, its meaning and relevance, for their area of specialization. It provides a much-needed fresh perspective on the way in which religion operates within the modern, neo-liberal world. The book approaches the topic by way of a critical engagement between religion, broadly defined, and the individual disciplines in which each of the contributors is expert. Rather than simply taking the dogmatic position that religion offers something to every possible discipline, each of the chapters in this collection addresses the question: is there something that religion can offer to the discipline in question? That is the value of the book - it takes a truly critical stance on the place of religion in contemporary society.

Increasingly, the modern neo-liberal world marginalises any notion of religion or spirituality, leaving little or no room for the sacred in the public sphere. While this process advances, the conservative and harmful behaviours associated with some religions and their adherents exacerbate this marginalisation by driving out those who remain religious or spiritual. And all of this is seen through the lens of social science, which seems to agree that religion remains important, if not in spiritual sense, at least as a source of folklore and a means of identification: religions remain rooted in the societies from which they emerged, and the legal systems of many of those societies emerged from religious sources, even if those societies remain unwilling to admit that fact. In the modern materialistic world of conformity, religion is less a source of guidance than a label of identification. The world therefore faces two issues. First, the decreasing level of spirituality in the 'West' widens the gap between worshippers and those who have left their faith (eg agnostics and atheists, or those who look at religion as a matter of 'picking and choosing' from a range of options). And, second, the strong connections to religion which remain in many nations, but which are often misused in the secular public sphere (both in the West and internationally). In such divided worlds, both religious and secular forces tend to lock themselves into closed groupings of 'pure truth' and in so doing increase the level of disagreement, in turn producing radicalism. In short, the modern world is divided in two ways: between religious and non-religious (although some have argued that the non-religious secular is itself a form of civil religion), and between those subscribing to divergent understandings of the same religious tradition. While hyperbolic and histrionic, the term 'culture wars' nonetheless best captures what we see happening in the public sphere today. The question emerges, then: how best to accommodate the democratic principle which posits that the majority should feel that it lives in a society of its own with the human rights principle, holding that is necessary to ensure the full protection of the minority's rights? How to balance these seemingly opposed principles? We are very familiar with the differences that appear between secular and sacred in the modern world; yet, what of the similarities amongst scriptures and laws which seek to encourage mutual understanding, cooperation and even cohabitation? Because religion itself is a source of law, a set of exhortations or commands as much as a set of rights, every major religion offers an approach to encountering 'the Other' in a positive, constructive, affirming way; and it is here that religions reveal much that they have in common. This book draws together the work of scholars engaged in exploring the possibilities for a 'utopian' world in the sense fostered by St Thomas More. The essays explore those dimensions of religious and civil law where 'love' - however that is defined by relevant texts - fosters and encourages acceptance of 'the Other' and will offer perspectives on the ways in which religious or civil/state law command one to act in the spirit of 'love'.

This book demonstrates the importance of Leon Duguit for property theory in both the civil and common law world. It translates into English for the first time ever Duguit's seminal lecture on property, the sixth of a series given in 1911 in Buenos Aires. It also collects essays from the leading experts on the social function of property in major civil and common law jurisdictions internationally. The book explores the importance that the notion of the social function of property has come to have not only in France but in the entire civil law tradition, and also considers the wide - if un-attributed and seldom regarded - influence in the common law tradition and theory of property.

'Public theology' involves the application of biblical and theological principles outside the confines of the church and assesses their implications for wider society. It examines both the theoretical structures of society (the nature of secularity, government, globalisation, pluralism and so forth) and the myriad specific issues involved in daily life (everything from sport to work-place relations to economics). Public theology is also, very importantly, a discipline that is practiced by the 'ordinary' Christian as well as the academic, and it is done in public (with all the scrutiny that entails) and in such a way that it communicates to non-Christians (although it remains a theological endeavour). In a real sense it is theology for the world, from the Word, by the people of God. The volume has a variety of contributors and includes an article on the role of public theology in Islam.

This book demonstrates the importance of Leon Duguit for property theory in both the civil and common law world. It translates into English for the first time ever Duguit's seminal lecture on property, the sixth of a series given in 1911 in Buenos Aires. It also collects essays from the leading experts on the social function of property in major civil and common law jurisdictions internationally. The book explores the importance that the notion of the social function of property has come to have not only in France but in the entire civil law tradition, and also considers the wide - if un-attributed and seldom regarded - influence in the common law tradition and theory of property.

This book examines law and religion from the perspective of its case law. Each chapter focuses on a specific case from a Commonwealth jurisdiction, examining the history and impact of the case, both within the originating jurisdiction and its wider global context. The book contains chapters from leading and emerging scholars from across the Commonwealth, including from the United Kingdom, Canada, Australia, Pakistan, Malaysia, India and Nigeria. The cases are divided into four sections covering: - Foundational Questions in Law and Religion - Freedom of Religion around the Commonwealth - Religion and state relations around the Commonwealth - Rights, Relationships and Religion around the Commonwealth. Like religion itself, the case law covers a wide spectrum of life. This diversity is reflected in the cases covered in this book, which include: - Titular Roman Catholic Archbishop of Kuala Lumpur v Home Minister on the use of the Muslim name for God by non-Muslims in Malaysia - The Church of the New Faith v Commissioner of Pay-roll Tax (Vic) which determined the meaning of religion in Australia - Eweida v UK which clarified the application of Article 9 of the European Convention on Human Rights - R v Big M Drug Mart on the individual protections of religious freedom under the Canadian Charter of Rights. The book examines how legal disputes involving religion are among the most contested in the courts and shows that in these cases, passions run high and the outcomes can have significant consequences for all involved.

This book examines law and religion from the perspective of its case law. Each chapter focuses on a specific case from a Commonwealth jurisdiction, examining the history and impact of the case, both within the originating jurisdiction and its wider global context. The book contains chapters from leading and emerging scholars from across the Commonwealth, including from the United Kingdom, Canada, Australia, Pakistan, Malaysia, India and Nigeria. The cases are divided into four sections covering: - Foundational Questions in Law and Religion - Freedom of Religion around the Commonwealth - Religion and state relations around the Commonwealth - Rights, Relationships and Religion around the Commonwealth. Like religion itself, the case law covers a wide spectrum of life. This diversity is reflected in the cases covered in this book, which include: - Titular Roman Catholic Archbishop of Kuala Lumpur v Home Minister on the use of the Muslim name for God by non-Muslims in Malaysia - The Church of the New Faith v Commissioner of Pay-roll Tax (Vic) which determined the meaning of religion in Australia - Eweida v UK which clarified the application of Article 9 of the European Convention on Human Rights - R v Big M Drug Mart on the individual protections of religious freedom under the Canadian Charter of Rights. The book examines how legal disputes involving religion are among the most contested in the courts and shows that in these cases, passions run high and the outcomes can have significant consequences for all involved.