Law and Religion in Europe
Law and Religion in Europe

Author: Norman Doe

Publisher: OUP Oxford

Published: 2011-08-04

Total Pages: 336

ISBN-13: 0191018937

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Each state in Europe has its own national laws which affect religion and these are increasingly the subject of political and academic debate. This book provides a detailed comparative introduction to these laws with particular reference to the states of the European Union. A comparison of national laws on religion reveals profound similarities between them. From these emerge principles of law on religion common to the states of Europe and the book articulates these for the first time. It examines the constitutional postures of states towards religion, religious freedom, and discrimination, and the legal position, autonomy, and ministers of religious organizations. It also examines the protection of doctrine and worship, the property and finances of religion, religion, education, and public institutions, and religion, marriage, and children, as well as the fundamentals of the emergent European Union law on religion. The existence of these principles challenges the standard view in modern scholarship that there is little commonality in the legal postures of European states towards religion - it reveals that the dominant juridical model in Europe is that of cooperation between State and religion. The book also analyses national laws in the context of international laws on religion, particularly the European Convention on Human Rights. It proposes that national laws go further than these in their treatment and protection of religion, and that the principles of religion law common to the states of Europe may themselves represent a blueprint for the development of international norms in this field. The book provides a wealth of legal materials for scholars and students. The principles articulated in it also enable greater dialogue between law and disciplines beyond law, such as the sociology of religion, about the role of religion in Europe today. The book also identifies areas for further research in this regard, pointing the direction for future study.

Law and the Christian Tradition in Italy
Law and the Christian Tradition in Italy

Author: Orazio Condorelli

Publisher: Routledge

Published: 2020-07-02

Total Pages: 472

ISBN-13: 1000079198

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Firmly rooted on Roman and canon law, Italian legal culture has had an impressive influence on the civil law tradition from the Middle Ages to present day, and it is rightly regarded as "the cradle of the European legal culture." Along with Justinian’s compilation, the US Constitution, and the French Civil Code, the Decretum of Master Gratian or the so-called Glossa ordinaria of Accursius are one of the few legal sources that have influenced the entire world for centuries. This volume explores a millennium-long story of law and religion in Italy through a series of twenty-six biographical chapters written by distinguished legal scholars and historians from Italy and around the world. The chapters range from the first Italian civilians and canonists, Irnerius and Gratian in the early twelfth century, to the leading architect of the Second Vatican Council, Pope Paul VI. Between these two bookends, this volume offers notable case studies of familiar civilians like Bartolo, Baldo, and Gentili and familiar canonists like Hostiensis, Panormitanus, and Gasparri but also a number of other jurists in the broadest sense who deserve much more attention especially outside of Italy. This diversity of international and methodological perspectives gives the volume its unique character. The book will be essential reading for academics working in the areas of Legal History, Law and Religion, and Constitutional Law and will appeal to scholars, lawyers, and students interested in the interplay between religion and law in the era of globalization.

A Secular Europe: Law and Religion in the European Constitutional Landscape
A Secular Europe: Law and Religion in the European Constitutional Landscape

Author: Lorenzo Zucca

Publisher: OUP Oxford

Published: 2012-10-11

Total Pages: 240

ISBN-13: 0191644749

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How to accommodate diverse religious practices and laws within a secular framework is one of the most pressing and controversial problems facing contemporary European public order. In this provocative contribution to the subject, Lorenzo Zucca argues that traditional models of secularism, focusing on the relationship of state and church, are out-dated and that only by embracing a new picture of what secularism means can Europe move forward in the public reconciliation of its religious diversity. The book develops a new model of secularism suitable for Europe as a whole. The new model of secularism is concerned with the way in which modern secular states deal with the presence of diversity in the society. This new conception of secularism is more suited to the European Union whose overall aim is to promote a stable, peaceful and unified economic and political space starting from a wide range of different national experiences and perspectives. The new conception of secularism is also more suited for the Council of Europe at large, and in particular the European Court of Human Rights which faces growing demands for the recognition of freedom of religion in European states. The new model does not defend secularism as an ideological position, but aims to present secularism as our common constitutional tradition as well as the basis for our common constitutional future.

Illiberal Politics and Religion in Europe and Beyond
Illiberal Politics and Religion in Europe and Beyond

Author: Anja Hennig

Publisher: Campus Verlag

Published: 2020-12-16

Total Pages: 559

ISBN-13: 3593443147

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Globale Migrationsbewegungen, Sicherheitsbedrohungen und soziale Umwälzungen haben in den vergangenen Jahren den Aufstieg populistischer rechter Parteien und Bewegungen in Europa und im transatlantischen Raum befördert. Religiöse Akteure stellen potenzielle Allianzpartner für diese Gruppierungen dar. Denn religiöse Interpretationen, etwa die Bezugnahme auf christliche Traditionen, bieten ein Reservoir für die Konstruktion vermeintlich natürlicher Geschlechterordnungen, exkludierender Vorstellungen homogener Nationen und anti-muslimischer Narrative. Dieses Buch analysiert die ideologische, strukturelle und historische Verbindung von Religion und illiberalen Politiken in europäischen Demokratien.

Religion, Politics and Law in the European Union
Religion, Politics and Law in the European Union

Author: Lucian N. Leustean

Publisher: Routledge

Published: 2013-09-13

Total Pages: 294

ISBN-13: 1317990803

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EU enlargement - to countries in Central and Eastern Europe in 2004, the inclusion of Bulgaria and Romania in 2007, and increasing debates on Turkey’s membership - has dramatically transformed the European Union into a multi-religious space. Religious communities are not only shaping identities but are also influential factors in political discourse. This edited volume examines the activities of religious actors in the context of supranational European institutions and the ways in which they have responded to the idea of Europe at local and international levels. By bringing together scholars working in political science, history, law and sociology, this volume analyses key religious factors in contemporary EU architecture, such as the transformation of religious identities, the role of political and religious leaders, EU legislation on religion, and, the activities of religious lobbies. This book was published as a special issue of Religion, State and Society.

Beyond Catholicism
Beyond Catholicism

Author: Fabrizio De Donno

Publisher: Springer

Published: 2013-12-18

Total Pages: 332

ISBN-13: 113734203X

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The essays within Beyond Catholicism trace the interconnections of belief, heresy, and mysticism in Italian culture from the Middle Ages to today. In particular, they explore how religious discourse has unfolded within Italian culture in the context of shifting paradigms of rationality, authority, time, good and evil, and human collectivities.

Religion as Empowerment
Religion as Empowerment

Author: Kyriaki Topidi

Publisher: Routledge

Published: 2016-06-10

Total Pages: 338

ISBN-13: 1317067665

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This volume shows how and why legal empowerment is important for those exercising their religious rights under various jurisdictions, in conditions of legal pluralism. At the same time, it also questions the thesis that as societies become more modern, they also become less religious. The authors look beyond the rule of law orthodoxy in their consideration of the freedom of religion as a human right and place this discussion in a more plurality-sensitive context. The book sheds more light on the informal and/or customary mechanisms that explain the limited impact of law on individuals and groups, especially in non-Western societies. The focus is on discussing how religion and the exercise of religious rights may or may not empower individuals and social groups and improve access to human rights in general. This book is important reading for academics and practitioners of law and religion, religious rights, religious diversity and cultural difference, as well as NGOs, policy makers, lawyers and advocates at multicultural jurisdictions. It offers a contemporary take on comparative legal studies, with a distinct focus on religion as an identity marker.

EU Influence Beyond Conditionality
EU Influence Beyond Conditionality

Author: Mario Zucconi

Publisher: Springer Nature

Published: 2019-09-03

Total Pages: 347

ISBN-13: 3030255603

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This book presents an in-depth analysis of the role played by the EU accession process in Turkey’s democratic evolution and in the empowerment of the Justice and Development Party (AKP) in the early 2000s. Often moving against the grain of consolidated analytical positions, the author finds that the accession process can have a critical impact on the political evolution and institutional setting of an aspiring member state that goes well beyond the simple Europeanization process (or EU accession conditionality). In the case of Turkey, that process created the essential conditions and environment for the country’s political modernization by helping the emergence of a “periphery” (including Kurds, “conservative” Muslims and non-Muslims) that secularism had pushed into a marginal, secondary status in Turkish society. Turkey’s gradual evolution in an authoritarian direction, following the stalling of the EU accession process, offers further proof of the decisive role that the EU accession can play in a country’s democratic advancement. The book additionally indicates how Turkey’s EU-driven democratic evolution for a number of years had important implications in terms of regional and global order.