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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.
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