Religion and the Law
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Recent papers in Religion and the Law
This 2014 essay discussed the issue of same-sex marriage in the context of judicial review principles. Although the U.S. Supreme Court held that same-sex marriage was a constitutional right in 2015, the reflections in the paper on... more
Obeah, which colonial ordinances defined capaciously as “any assumption of supernatural power,” was a crime in Trinidad until 2000, and the letter of the law continues to make Obeah a punishable offense in most of the anglophone... more
Abstract: Abstract "You are what you eat" - Native American proverb Among all animal meats pork is the filthiest diet to consume by human beings. Pig is the cradle of harmful germs. Scientific evidences prove that pig meat is least... more
J. Doomen, Freedom and Equality in a Liberal Democratic State. Brussels: Bruylant (Larcier), 2014
http://www.centropgm.unifi.it/cache/quaderni/44/0216.pdf An unpublished speech of Alberico Gentili to the Oxford scholars in defence of jurisprudence. Several manuscripts of Alberico Gentili (S. Ginesio 1552 - London 1608) are conserved... more
Alberico Gentili (San Ginesio 1552 – Londra 1608). Giurista di fama, esule in Inghilterra nel 1580 per motivi religiosi e regius professor di civil law a Oxford dal 1587, il Gentili è noto alla letteratura specialistica soprattutto per... more
Акмаль Холматович Саидов — доктор юридических наук, профессор, Чрез) вычайный и Полномочный посол, председатель Комитета по демократичес) ким институтам, негосударственным организациям и органам самоуправления граждан Законодательной... more
Lecture presented to the Department of Indology, Kyoto University, 23 June 2018. Revised version of a lecture, “Pluralism, Patronage, and Documentary Protocol” for the Seminar on Politics, Pluralism, and Patronage in Ancient... more
The question “What is religion?” has again been roiling the academy, the courts, and public debate. In 1965, the Supreme Court of the United States opined on this question, deciding the fate of would-be conscientious objectors who would... more
The emerging field of ‘law and religion’ is an integrative extension of legal studies with another academic field, and it encompasses the study of further themes and topics as informed by the nexus of these two disciplines. Yet, it is... more
This volume contains Roger Williams's famous work "The Bloudy Tenent, of Persecution, for cause of Conscience, discussed, in a Conference betweene Truth and Peace" (1644).
Reproductive politics is the locus classicus for studying the entanglement of religion with politics and lawmaking processes in the Philippines. Although 25 percent of the total population participates in the Pentecostal movement, there... more
SUMMARY: 1. The value of religious law in modern (and secular) states-2. Religious rules and individual choices in Europe-3. Religious law and the fields in which it can operate effectively-4. The rules of religious courts in civil legal... more
Explaining what made ancient Greek law unusual, Michael Gagarin observes that most premodern legal cultures "wrote extensive sets (or codes) of laws for academic purposes or propaganda but these were not intended to be accessible to most... more
The legal dimension of India’s cultural heritage, especially the scholastic dharma tradition in Sanskrit commonly known as, “Hindu law,” has, after a long hiatus, begun to attract attention, thanks largely to a series of major... more
This article reflects the National Report from Canada on Religion and the Secular State prepared by the co-authors for the XVIIIth International Congress of Comparative Law that took place in Washington, D.C., in July 2010. This Report... more
Something unexpected has been happening in Africa—and not just Northern Africa, the locus of democratic revolutions since January 2011, when a…
Bahá'í law differentiates between a secular and a sacred legal sphere, intertwining both by positing a religious duty for its adherents to abide by secular (state) law. In Germany, it encounters a secular legal framework that aims at... more
Saat ini, masih banyak orang yang kurang paham atau bahkan tidak paham, menganggap Jilbab hanya sebagai pilihan bukan perintah. Padahal kenyataan, Jilbab serta kerudung, merupakan sebuah perintah dari Allah SWT yang hukumnya adalah... more
This article focuses on whether, by banning anti-abortion protests in safe access zones, the legislation might infringe the implied freedom of political discourse under the Constitution of the Commonwealth of Australia ('Constitution').... more
Kenya has experienced various misdeeds from the religious elite,the clergy and religious institution.this begs the question whether the law is (in)sufficient to address these ills.
This article proposes to analyze the socio-linguistic practices documented in inscriptions from South and Southeast Asia between the fourth and sixteenth centuries as a type of “functional diglossia” characteristic of legal discourse in... more
The contemporary treatment of rape in the penal codes of Muslim nations has come under increasing scrutiny over the last two decades, as several high-profile cases have arisen in which women have claimed sexual assault but been unable to... more
Here the worldling now all bound in fetters liesstarts to fear his God, his tears flow from his eyesJustice comes along, with gallows, wheel and sword:God tells the pious man to enter Heaven's door.Across medieval Western Europe,... more
This paper attempts to answer the question: what accounts for the persistence of Koranic schools as separate schools operating at cross-purposes with the Nigerian state in the provision of education to millions of Muslim children... more
One of Remi Brague's academic appointments is at the University of Paris, where Thomas Aquinas studied and taught seven hundred fifty years ago. Aquinas' work stands, for Brague, at the apogee of an ultimately declinist narrative,... more
Cases involving religious claims pose serious challenges to courts. On the one hand, some cases demand scrutiny of the substantive content of religion. On the other hand, some cases display a conflict between believer’s claims of freedom... more
On 22 January 2019, the Parliamentary Assembly of the Council of Europe agreed the text of Resolution 2253: Sharia, the Cairo Declaration and the European Convention on Human Rights. This expresses concern about ‘the “judicial” activities... more
Trinity Western University (TWU) is a private Christian university located in Langley, British Columbia, which applied to the Federation of Canadian Law Societies for recognition of its law degree. The Federation gave approval in December... more