Legal Position of Churches and Church Autonomy
Legal Position of Churches and Church Autonomy

Author: Hildegard Warnink

Publisher: Peeters Publishers

Published: 2001

Total Pages: 290

ISBN-13: 9789042910843

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This book includes all papers presented at the colloquium on Church and State on 28 February and 1-2 March 2001. The colloquium, focusing on the legal position of churches, the autonomy of churches in modern societies and recent tendencies in jurisprudence, was organised by the Faculty of Canon Law of the Catholic University Leuven in collaboration with the Faculty of Theology of the University of Stellenbosch. Both the conference and the book have two objectives. The fist is informing about the South African history on Church and State relationships and its current situation under the new Constitution. The second objective is to search for models leading to a new equilibrium between Church and State in South Africa. Models offered by other countries are examined as a point of reference or as a possible source of inspiration. International scholars and academics, church Ministers as well as leading politicians offer their viewpoints and enter into debate with each other.

The Crisis of Church and State, 1050-1300
The Crisis of Church and State, 1050-1300

Author: Brian Tierney

Publisher: University of Toronto Press

Published: 1988-01-01

Total Pages: 228

ISBN-13: 9780802067012

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From the Introduction: We need not be surprised, then, that in the Middle Ages also there were rulers who aspired to supreme political and temporal power. The truly exceptional thing is that in medieval times there were always at least two claimants to the role, each commanding a formidable apparatus of government, and that for century after century neither was able to dominate the other completely, so that the duality persisted, was eventually rationalized in works of political theory and ultimately built into the structure of European society. This situation profoundly influenced the development of Western constitutionalism.

First Amendment Institutions
First Amendment Institutions

Author: Paul Horwitz

Publisher: Harvard University Press

Published: 2013-01-07

Total Pages: 490

ISBN-13: 0674070925

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Addressing a host of hot-button issues, from the barring of Christian student groups and military recruiters from law schools and universities to churches’ immunity from civil rights legislation in hiring and firing ministers, Paul Horwitz proposes a radical reformation of First Amendment law. Arguing that rigidly doctrinal approaches can’t account for messy, real-world situations, he suggests that the courts loosen their reins and let those institutions with a stake in First Amendment freedoms do more of the work of enforcing them. Universities, the press, libraries, churches, and various other institutions and associations are a fundamental part of the infrastructure of public discourse. Rather than subject them to ill-fitting, top-down rules and legal categories, courts should make them partners in shaping public discourse and First Amendment law, giving these institutions substantial autonomy to regulate their own affairs. Self-regulation and public criticism should be the key restraints on these institutions, not judicial fiat. Horwitz suggests that this approach would help the law enhance the contribution of our “First Amendment institutions” to social and political life. It would also move us toward a conception of the state as a participating member of our social framework, rather than a reigning and often overbearing sovereign. First Amendment Institutions offers a new vantage point from which to evaluate ongoing debates over topics ranging from campaign finance reform to campus hate speech and affirmative action in higher education. This book promises to promote—and provoke—important new discussions about the shape and future of the First Amendment.

Christianity and Human Rights
Christianity and Human Rights

Author: John Witte, Jr

Publisher: Cambridge University Press

Published: 2010-12-23

Total Pages: 403

ISBN-13: 1139494112

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Combining Jewish, Greek, and Roman teachings with the radical new teachings of Christ and St. Paul, Christianity helped to cultivate the cardinal ideas of dignity, equality, liberty and democracy that ground the modern human rights paradigm. Christianity also helped shape the law of public, private, penal, and procedural rights that anchor modern legal systems in the West and beyond. This collection of essays explores these Christian contributions to human rights through the perspectives of jurisprudence, theology, philosophy and history, and Christian contributions to the special rights claims of women, children, nature and the environment. The authors also address the church's own problems and failings with maintaining human rights ideals. With contributions from leading scholars, including a foreword by Archbishop Desmond Tutu, this book provides an authoritative treatment of how Christianity shaped human rights in the past, and how Christianity and human rights continue to challenge each other in modern times.

Facilitating Freedom of Religion or Belief: A Deskbook
Facilitating Freedom of Religion or Belief: A Deskbook

Author: W. Cole Durham

Publisher: Springer

Published: 2013-12-11

Total Pages: 1072

ISBN-13: 9401756163

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As the world enters the 21st Century, the challenges in implementing freedom of religion or belief grow more complex and more acute. How can the internationally recognized norms regarding freedom of religion or belief be meaningful for all - women and men, majorities and minorities, established religions and new religious movements, parents and children? How can tolerance, mutual respect and understanding be globally expanded? How does freedom of religion or belief relate to other human rights? Launched by the Oslo Coalition on Freedom of Religion or Belief, this deskbook anthology is designed as a single-volume resource for all who are concerned with facilitating improved global compliance with international standards in this vital area. The varied and diverse topics addressed by over fifty global experts in the field provide a rich weave of many threads. The book addresses historical and philosophical background on religious human rights, applicable international norms and the international procedural mechanisms for safeguarding these norms. It surveys central areas of controversy, including registration of religious and belief organizations, emerging debates on religion and gender, parental and children's rights, new religious movements, proselytism, and conscientious objection. Other chapters describe practical approaches to promoting tolerance and understanding through education, inter-religious dialogue, joint religious efforts addressing shared social problems, and conflict resolution initiatives. The volume also provides practical information regarding networking and other background issues that can help translate understanding of the applicable norms and procedures into action. Appendices provide texts of major international instruments on freedom of religion or belief.

The Changing Nature of Religious Rights under International Law
The Changing Nature of Religious Rights under International Law

Author: Malcolm Evans

Publisher: OUP Oxford

Published: 2015-03-19

Total Pages: 353

ISBN-13: 0191509426

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The Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, as proclaimed by the United Nations General Assembly in 1981, is the only universal human rights instrument specifically focusing on religious intolerance and discrimination. However, recent years have seen increasing controversy surrounding this right, in both political and legal contexts. The European Court of Human Rights has experienced a vast expansion in the number of cases it has had brought before it concerning religious freedom, and politically the boundaries of the right have been much disputed. This book provides a systematic analysis of the different approaches to religious rights which exist in public international law. The book explores how particular institutional perspectives emerge in the context of these differing approaches. It examines, and challenges, these institutional perspectives. It identifies new directions for approaching religious rights through international law by examining existing legal tools, and assesses their achievements and shortcomings. It studies religious organisations' support for international human rights protection, as well as religious critique of international human rights and the development of an alternative religious 'Bills of Rights'. It investigates whether expressions of members belonging to religious minorities can be considered under the minority right to culture, rather than the right to religion, and discusses the benefits and shortcomings of such a route. It analyses the reach and limits of the provisions in the 1981 Declaration, identifies ways in which the right is being eroded as a concept, and suggests new ways in which the right can be reinforced and protected.

Business, Religion and the Law
Business, Religion and the Law

Author: Matteo Corsalini

Publisher: Taylor & Francis

Published: 2022-12-30

Total Pages: 142

ISBN-13: 1000832767

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This book investigates the intersection between business and religion from a legal perspective. Taking a fresh look at some of the most compelling literature in law and religion, it proposes a rethinking of what scholars on both sides of the Atlantic have dubbed “church autonomy” or, more recently, “corporate religious freedom”. The volume explores how, in the wake of a decade of US Supreme Court case law, corporate religious freedom is now increasingly being extended to protect the religious liberty of another corporate entity: the for-profit corporation. By exposing this shift from church to business autonomy in American law, it is argued that a similar narrative has also begun to take place in Europe. Through a comparative and interdisciplinary approach to corporate religious freedom, the work provides the reader with a new, comprehensive, and easily accessible history of the genesis and evolution of this legal category in American and European law. The book combines material that straddles international law and religion, corporate law, and economic theory. The diversity of views contained within it makes it a valuable resource for scholars and students in law and religion, corporate social responsibility, and law and economics.

Law, Religion, Constitution
Law, Religion, Constitution

Author: W. Cole Durham

Publisher: Routledge

Published: 2016-04-29

Total Pages: 455

ISBN-13: 1317107381

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What is the place assigned to religion in the constitutions of contemporary States? What role is religion expected to perform in the fields that are the object of constitutional regulation? Is separation of religion and politics a necessary precondition for democracy and the rule of law? These questions are addressed in this book through an analysis of the constitutional texts that are in force in different parts of the world. Constitutions are at the centre of almost all contemporary legal systems and provide the principles and values that inspire the action of the national law-makers. After a discussion of some topics that are central to the constitutional regulation of religion, the book considers a number of national systems covering countries with a variety of religious and cultural backgrounds. The final section of the book is devoted to the discussion of the constitutional regulation of some particularly controversial issues, such as religious education, the relation between freedom of speech and freedom of religion, abortion, and freedom of conscience.

Religious Courts in the Jurisprudence of the European Court of Human Rights
Religious Courts in the Jurisprudence of the European Court of Human Rights

Author: Michał Rynkowski

Publisher: BRILL

Published: 2019-09-02

Total Pages: 78

ISBN-13: 9004416501

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Religious courts have been part of the European legal landscape for centuries. Almost all churches and religious communities have their own judicial systems, often composed of courts or tribunals ordered hierarchically. The aim of this book is to present cases from the jurisprudence of the European Court of Human Rights, in which a religious court was involved at the stage of domestic proceedings. The twelve cases in question originate from a number of European States, in which the applicants belonged to many denominations, although predominantly Christian. The Court of Human Rights has mainly been concerned with religious courts in terms of compliance with the requirement for a fair hearing by an independent and impartial tribunal under Article 6 of the European Convention of Human Rights and has come to various conclusions. The most recent judgment from September 2017, Nagy v. Hungary, and in particular many associated dissenting opinions, demonstrate that the matter is worthy of study, particularly in the contemporary context of religious freedom.