Faith and Order

Faith and Order PDF

Author: Harold J. Berman

Publisher: Wm. B. Eerdmans Publishing

Published: 2000

Total Pages: 432

ISBN-13: 9780802848529

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This book argues that despite the tensions existing in all societies between religious faith and legal order, they inevitably interact. In the course of his discussion Berman traces the history of Western law, exposes the fallacies of law theories that fail to take religion into account, examines key theological, prophetic, and educational themes, and looks at the role of religion in the Soviet and post-Soviet state.

Religion, Order, and Law

Religion, Order, and Law PDF

Author: David Little

Publisher: University of Chicago Press

Published: 1984-09

Total Pages: 288

ISBN-13: 0226485463

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"The issue of the Protestant ethic and the spirit of capitalism has been debated endlessly, but few scholars have seriously continued Weber's own research into the Reformation sources of seventeenth-century England. David Little's study was one of the first to do so, and remains an important contribution."—Guenther Roth, University of Washington

Law as Religion, Religion as Law

Law as Religion, Religion as Law PDF

Author: David C. Flatto

Publisher: Cambridge University Press

Published: 2022-08-25

Total Pages: 403

ISBN-13: 1108787983

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The conventional approach to law and religion assumes that these are competing domains, which raises questions about the freedom of, and from, religion; alternate commitments of religion and human rights; and respective jurisdictions of civil and religious courts. This volume moves beyond this competitive paradigm to consider law and religion as overlapping and interrelated frameworks that structure the social order, arguing that law and religion share similar properties and have a symbiotic relationship. Moreover, many legal systems exhibit religious characteristics, informing their notions of authority, precedent, rituals and canonical texts, and most religions invoke legal concepts or terminology. The contributors address this blurring of law and religion in the contexts of political theology, secularism, church-state conflicts, and the foundational idea of divine law. This title is also available as Open Access on Cambridge Core.

God’s Law and Order

God’s Law and Order PDF

Author: Aaron Griffith

Publisher: Harvard University Press

Published: 2020-11-10

Total Pages: 346

ISBN-13: 0674238788

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An incisive look at how evangelical Christians shaped—and were shaped by—the American criminal justice system. America incarcerates on a massive scale. Despite recent reforms, the United States locks up large numbers of people—disproportionately poor and nonwhite—for long periods and offers little opportunity for restoration. Aaron Griffith reveals a key component in the origins of American mass incarceration: evangelical Christianity. Evangelicals in the postwar era made crime concern a major religious issue and found new platforms for shaping public life through punitive politics. Religious leaders like Billy Graham and David Wilkerson mobilized fears of lawbreaking and concern for offenders to sharpen appeals for Christian conversion, setting the stage for evangelicals who began advocating tough-on-crime politics in the 1960s. Building on religious campaigns for public safety earlier in the twentieth century, some preachers and politicians pushed for “law and order,” urging support for harsh sentences and expanded policing. Other evangelicals saw crime as a missionary opportunity, launching innovative ministries that reshaped the practice of religion in prisons. From the 1980s on, evangelicals were instrumental in popularizing criminal justice reform, making it a central cause in the compassionate conservative movement. At every stage in their work, evangelicals framed their efforts as colorblind, which only masked racial inequality in incarceration and delayed real change. Today evangelicals play an ambiguous role in reform, pressing for reduced imprisonment while backing law-and-order politicians. God’s Law and Order shows that we cannot understand the criminal justice system without accounting for evangelicalism’s impact on its historical development.

Religion, Politics and Law

Religion, Politics and Law PDF

Author: Barend Christoffel Labuschagne

Publisher: BRILL

Published: 2009

Total Pages: 469

ISBN-13: 9004172076

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Exploring the pre-political en pre-legal spiritual infrastructure from which modern, liberal democracies in the West live, but cannot guarantee, this book inquires the relations between religion, politics and law from a philosophical perspective, discussing historical, systematical and practical issues.

Religion and Law

Religion and Law PDF

Author: Peter W. Edge

Publisher: Routledge

Published: 2017-03-02

Total Pages: 179

ISBN-13: 1351905112

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Discussion of the way in which law engages with religious difference often takes place within the context of a single jurisdiction. Religion and Law: An Introduction, presents a comprehensive text for students, drawing on examples from across key Anglophone jurisdictions - the United Kingdom, the United States, Canada, New Zealand, Australia and South Africa, as well as international law, to explore a broad range of issues. Aimed at a non-legal readership, this book introduces the use of legal sources and focuses on factual situations as much as legal doctrine. Key issues arising from interaction of the religious individual and the State are discussed, as well as the religious organisation or community and the State. The interaction is explored through case studies of areas as diverse as the legal regulation of religious drug use, sacred spaces and sacred places, and claims of clergy misconduct. Taking a broad, non-jurisdictional approach to the key issues, in particular providing insights differing from the dominant US experiences and paradigms, this student-friendly textbook includes a clearly structured bibliography and clear guidance on how to approach relevant legal materials.

Religion and the Public Order of the European Union

Religion and the Public Order of the European Union PDF

Author: Ronan McCrea

Publisher: Oxford University Press

Published: 2010-10-07

Total Pages: 315

ISBN-13: 0199595356

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Ronan McCrea offers the first comprehensive account of the role of religion within the public order of the European Union. He examines the facilitation and protection of individual and institutional religious freedom in EU law and the means through which the Union facilitates religious input and influence over law. In addition, the book draws attention to the limitations on religious influence over law and politics that are required by the Union. It shows the extent to which suchlimitations are identified as fundamental elements of the EU's public order and as prerequisites for membership.The Union seeks to balance its predominantly Christian religious heritage with an equally strong secular and humanist tradition by facilitating religion as a form of cultural identity while simultaneously limiting its political influence. Such balancing takes place in the context of the Union's limited legitimacy and its commitment to respect for Member State cultural autonomy. Deference towards the cultural role of religion at Member State level enables culturally-entrenched religions toexercise a greater degree of influence within the Union's public order than "outsider" faiths that lack a comparable cultural role. Placing the Union's approach to religion in the context of broader historical and sociological trends around religion in Europe and of contemporary debates aroundsecularism, equal treatment, and the role of Islam in Europe, McCrea sheds light on the interaction between religion and EU law in the face of a shifting religious demographic.

Encyclopedia of Law and Religion

Encyclopedia of Law and Religion PDF

Author: Gerhard Robbers

Publisher: Martinus Nijhoff Publishing

Published: 2016

Total Pages: 0

ISBN-13: 9789004236936

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The Encyclopedia of Law and Religion treats issues of freedom of religion or belief and state-religion relations from all independent nations and international organizations. Each article follows a standard format offering information about social facts, historical background, individual religious freedom, autonomy, labour law, religion in public institutions, matrimonial and family law, criminal law, and country-specific issues.

God vs. the Gavel

God vs. the Gavel PDF

Author: Marci A. Hamilton

Publisher: Cambridge University Press

Published: 2005-05-30

Total Pages: 430

ISBN-13: 1139445030

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God vs. the Gavel challenges the pervasive assumption that all religious conduct deserves constitutional protection. While religious conduct provides many benefits to society, it is not always benign. The thesis of the book is that anyone who harms another person should be governed by the laws that govern everyone else - and truth be told, religion is capable of great harm. This may not sound like a radical proposition, but it has been under assault since the 1960s. The majority of academics and many religious organizations would construct a fortress around religious conduct that would make it extremely difficult to prosecute child abuse by clergy, medical neglect of children by faith-healers, and other socially unacceptable behaviors. This book intends to change the course of the public debate over religion by bringing to the public's attention the tactics of religious entities to avoid the law and therefore harm others.