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Freedom of religion is an issue of universal interest and scope.
However, in the last two centuries at least, the philosophical,
religious and legal terms of the question have been largely defined
in the West. In an increasingly global world, widening our
knowledge of this right's roots in different cultural and legal
systems becomes a priority. This Handbook seeks to attain this goal
through a better understanding of the historical roots and
expressions of the right to freedom of religion on the one hand
and, on the other, of its theological background in different
religious traditions. History and theology provide the setting for
the analysis of the politics of freedom of religion, that is, how
this right is used in the context of the dialogue/confrontation
between countries placed in different cultural regions of the
world, and of the legal strategies and tools that have been
developed and are employed to protect and foster the right to
freedom of religion. Behind these legal and political strategies,
there is an ongoing debate about the nature of this right, whose
main features are explored in the final section. Global, historical
and interdisciplinary in approach, this book studies the new
relevance of freedom of religion worldwide and develops suitable
categories to analyze and understand the role that freedom of
religion can play in managing religious and cultural diversity in
our societies. Authored by experts, through the contributions
collected in these chapters, scholars and students will be able to
broaden and deepen their knowledge of the right to freedom of
religion and to develop the ability to go beyond the borders of the
different cultural environments in which this right took shape and
developed.
Much has been written on specific religious legal systems, yet
substantial comparative studies that strive to compare systems,
identifying their analogies and differences, have been relatively
few. This absence undermines the capacity to understand religions
and becomes particularly serious when the faithful of these
religions live together in the same geographical space, as happens
today with increasing frequency. Both interreligious dialogue and
dialogue between States and religions presuppose a set of data and
information that only comparative research can provide. This book
seeks to address this gap in the literature by presenting a
comparative analysis of Christian, Jewish, Islamic and Hindu laws
and traditions. Divided into five parts, the first part of the book
offers the historical background for the legal analysis that is
developed in the subsequent parts. Part II deals with the sources
of law in the four religions under discussion. Part III addresses
the dynamics of belonging and status, and Part IV looks at issues
relating to the conclusion of marriage and its dissolution. The
fifth and final part discusses how each religion views the legal
other. Each part concludes with exploring what we can learn from a
comparative examination of the topic that is dealt with in that
part. Written by leading experts in the field, this book presents a
clear and comprehensive picture of key religious legal systems
along with a substantial bibliography. It provides a state of the
art overview of scholarship in this area accompanied by a critical
evaluation. As such, it will be an invaluable resource for all
those concerned with religious legal systems, multiculturalism and
comparative law.
Freedom of religion is an issue of universal interest and scope.
However, in the last two centuries at least, the philosophical,
religious and legal terms of the question have been largely defined
in the West. In an increasingly global world, widening our
knowledge of this right's roots in different cultural and legal
systems becomes a priority. This Handbook seeks to attain this goal
through a better understanding of the historical roots and
expressions of the right to freedom of religion on the one hand
and, on the other, of its theological background in different
religious traditions. History and theology provide the setting for
the analysis of the politics of freedom of religion, that is, how
this right is used in the context of the dialogue/confrontation
between countries placed in different cultural regions of the
world, and of the legal strategies and tools that have been
developed and are employed to protect and foster the right to
freedom of religion. Behind these legal and political strategies,
there is an ongoing debate about the nature of this right, whose
main features are explored in the final section. Global, historical
and interdisciplinary in approach, this book studies the new
relevance of freedom of religion worldwide and develops suitable
categories to analyze and understand the role that freedom of
religion can play in managing religious and cultural diversity in
our societies. Authored by experts, through the contributions
collected in these chapters, scholars and students will be able to
broaden and deepen their knowledge of the right to freedom of
religion and to develop the ability to go beyond the borders of the
different cultural environments in which this right took shape and
developed.
This book is devoted to the study of the interplay between
religious rules and State law. It explores how State recognition of
religious rules can affect the degree of legal diversity that is
available to citizens and why such recognition sometime results in
more individual and collective freedom and sometime in a threat to
equality of citizens before the law. The first part of the book
contains a few contributions that place this discussion within the
wider debate on legal pluralism. While State law and religious
rules are two normative systems among many others, the specific
characteristics of the latter are at the heart of tensions that
emerge with increasing frequency in many countries. The second part
is devoted to the analysis of about twenty national cases that
provide an overview of the different tools and strategies that are
employed to manage the relationship between State law and religious
rules all over the world.
This book is devoted to the study of the interplay between
religious rules and State law. It explores how State recognition of
religious rules can affect the degree of legal diversity that is
available to citizens and why such recognition sometime results in
more individual and collective freedom and sometime in a threat to
equality of citizens before the law. The first part of the book
contains a few contributions that place this discussion within the
wider debate on legal pluralism. While State law and religious
rules are two normative systems among many others, the specific
characteristics of the latter are at the heart of tensions that
emerge with increasing frequency in many countries. The second part
is devoted to the analysis of about twenty national cases that
provide an overview of the different tools and strategies that are
employed to manage the relationship between State law and religious
rules all over the world.
Much has been written on specific religious legal systems, yet
substantial comparative studies that strive to compare systems,
identifying their analogies and differences, have been relatively
few. This absence undermines the capacity to understand religions
and becomes particularly serious when the faithful of these
religions live together in the same geographical space, as happens
today with increasing frequency. Both interreligious dialogue and
dialogue between States and religions presuppose a set of data and
information that only comparative research can provide. This book
seeks to address this gap in the literature by presenting a
comparative analysis of Christian, Jewish, Islamic and Hindu laws
and traditions. Divided into five parts, the first part of the book
offers the historical background for the legal analysis that is
developed in the subsequent parts. Part II deals with the sources
of law in the four religions under discussion. Part III addresses
the dynamics of belonging and status, and Part IV looks at issues
relating to the conclusion of marriage and its dissolution. The
fifth and final part discusses how each religion views the legal
other. Each part concludes with exploring what we can learn from a
comparative examination of the topic that is dealt with in that
part. Written by leading experts in the field, this book presents a
clear and comprehensive picture of key religious legal systems
along with a substantial bibliography. It provides a state of the
art overview of scholarship in this area accompanied by a critical
evaluation. As such, it will be an invaluable resource for all
those concerned with religious legal systems, multiculturalism and
comparative law.
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