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Offering an interdisciplinary, international and philosophical
perspective, this comprehensive Research Handbook explores both
perennial and recent legal issues that concern the modern state and
its interaction with religious communities and individuals.
Providing in-depth, original analysis the book includes studies of
a wide array of nation states, such as India and Turkey, which each
have their own complex issues centred on law, religion and the
interactions between the two. Longstanding issues of religious
liberty are explored such as the right of conscientious objection,
religious confession privilege and the wearing of religious
apparel. The contested meanings of the secular state and religious
neutrality are revisited from different perspectives and the
reality of the international human rights protections for religious
freedom are analysed. Timely and astute, this discerning Research
Handbook will be a valuable resource for both academics and
researchers interested in the many topics surrounding law and
religion. Lawyers and practitioners will also appreciate the
clarity with which the rights of religious liberty, and the
challenges in making these compatible with state law, are
presented. Contributors include: R. Ahdar, F. Ahmed, R. Albert, R.
Barker, B.L. Berger, J.E. Buckingham, J. Burnside, P. Dane, J.
Harrison, M.A. Helfand, M. Hill, M. Kiviorg, A. Koppelman, I.
Leigh, J. Neo, Y. Rosnai, R. Sandberg, S.D. Smith, P.M. Taylor,
H.-M. ten Napel, K. Thompson, F. Venter
In February 2008, the Archbishop of Canterbury, Dr Rowan Williams,
delivered a public lecture in which he stated that it "seem ed]
unavoidable" that certain aspects of Islamic law (Shari'a) would be
recognized and incorporated into British law. The comments provoked
outrage from sections of the public who viewed any recognition of
Shari'a law in Britain with alarm. In July 2008 Lord Phillips, Lord
Chief Justice of England and Wales, weighed into the fray. He
praised the Archbishop's speech and gave qualified support for
Shari'a principles to govern certain family and civil disputes.
Responding to the polarized debate that followed these lectures,
this is a collection of short essays written by distinguished and
prominent scholars addressing the question of the accommodation of
Shari'a within the legal systems of the liberal-democratic West.
The matters raised in the two 2008 lectures provide a springboard
for lively discussion, criticism and debate on both the specific
question of religious/cultural accommodation by the law and the
wider issues of multiculturalism, equality before the law and the
desirability of parallel jurisdictions for particular faith
communities.
Leading scholars from a range of countries and academic
disciplines, and representing different political viewpoints and
faith traditions explore the complex issues surrounding the legal
recognition of religious faith in a multicultural society.
The volume aims to stimulate further thought on a complex issue,
and to open up new pathways for policymakers and civil society
institutions grappling with the relationship between Shari'a and
Western legal systems.
The modern era of competition law in New Zealand began with the
Commerce Act 1986. Since then, a steady and impressive corpus of
case law had traversed all the usual major areas of antitrust law:
cartels, resale price maintenance, exclusive dealing, tying, group
boycotts, monopolization, mergers and acquisitions, exempted
sectors, and the role of economic evidence. This volume explains
the rationale for the various major reforms, the ongoing
contestation between the Harvard and Chicago Schools of antitrust,
and traces the developments of key concepts over the last 34 years.
This title also explores systemic issues such as how well has New
Zealand moulded its own competition law whilst nonetheless
selectively drawing upon the policies, case law, and wisdom of
foreign jurisdictions; how effectively has it faced the challenge
of adapting its fledgling competition law to the reality of being a
small, deregulated, open, and distant economy; and how successful
was the application of competition law to utilities in the
experimental era of 'light handed regulation'. Written by a New
Zealand competition expert, this detailed, original, and
comprehensive chronicle of New Zealand's competition law and policy
draws together the common threads that mark the modern era and
offers some predictions about how the next decades of New Zealand
competition law might unfold.
Examining the law and public policy relating to religious liberty
in Western liberal democracies, this book contains a detailed
analysis of the history, rationale, scope, and limits of religious
freedom from (but not restricted to) an evangelical Christian
perspective. Focussing on United Kingdom, the United States,
Canada, New Zealand, Australia, and EU, it studies the interaction
between law and religion at several different levels, looking at
the key debates that have arisen. Divided into three parts, the
book begins by contrasting the liberal and Christian rationales for
and understandings of religious freedom. It then explores central
thematic issues: the types of constitutional frameworks within
which any right to religious exercise must operate; the varieties
of paradigmatic relationships between organized religion and the
state; the meaning of 'religion'; the limitations upon individual
and institutional religious behaviour; and the domestic and
international legal mechanisms that have evolved to address
religious conduct. The final part explores key subject areas where
current religious freedom controversies have arisen: employment;
education; parental rights and childrearing; controls on
pro-religious and anti-religious expression; medical treatment; and
religious group (church) autonomy. This new edition is fully
updated with the growing case law in the area, and features
increased coverage of Islam and the flashpoint debates surrounding
the accommodation of Muslim beliefs and practices in Anglophone
nations.
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