In Juridification of Religion? Helge Årsheim and Pamela Slotte explore the extent to which developments currently taking place at the interface between law and religion in domestic, regional and international law can be conceptualized as instances of larger, multidimensional processes of juridification. The book relies on an expansive notion of juridification, departing from the narrower sense of juridification as the gradually increasing “colonization of the lifeworld” proposed by Jürgen Habermas in his Theory of Communicative Action (1987). More specifically, the book adapts the multidimensional notion of juridification outlined by Anders Molander and Lars Christian Blichner (2008), developing it into a more context-specific notion of juridification that is attendant to the specific nature of religion as a subject matter for law.
In recent years, the relevance of religious freedom has spread well beyond academia, becoming a reference point for international relations, multi-level policy development, as well as interfaith negotiations. Meanwhile, scholarship on religious freedom has flourished on the boundaries of sociology, law, comparative politics, history, and theology. This book presents a systematic sociological analysis of religious freedom, bringing together classical sociological theories and empirical perspectives developed during the last three decades. It addresses three major questions involved in any sociology of religious freedom. First: considering its complex and controversial nature, how can religious freedom be defined? Second: what are the recurrent sociological conditions and relevant social perceptions that will foster an understanding of religious freedom in varying political, legal, and socioreligious contexts? And third, what are the mechanisms of social implementation of religious freedom that contribute to making it a fundamental value in a society? Olga Breskaya, Giuseppe Giordan, and James T. Richardson suggest that a sociological definition of religious freedom requires us to take into account historical, philosophical, legal, religious, and political considerations of a given society-and that the social dimensions of religious freedom are as important as the legal ones.
Following 9/11, increased attention has been given to the place of religion in the public sphere. Across the world, Law and Religion has developed as a sub-discipline and scholars have grappled with the meaning and effect of legal texts upon religion. The questions they ask, however, cannot be answered by reference to Law alone therefore their work has increasingly drawn upon work from other disciplines. This Research Handbook assists by providing introductory but provocative essays from experts on a range of concepts, perspectives and theories from other disciplines, which can be used to further Law and Religion scholarship.
This edited collection gathers together the principal findings of the three-year RELIGARE project, which dealt with the question of religious and philosophical diversity in European law. Specifically, it covers four spheres of public policy and legislation where the pressure to accommodate religious diversity has been most strongly felt in Europe: employment, family life, use of public space and state support mechanisms. Embracing a forward-looking approach, the final RELIGARE report provides recommendations to governance units at the local, national and European levels regarding issues of religious pluralism and secularism. This volume adds context and critique to those recommendations and more generally opens an intellectual discussion on the topic of religion in the European Union. The book consists of two main parts: the first includes the principal findings of the RELIGARE research project, while the second is a compilation of 28 short contributions from influential scholars, legal practitioners, policy makers and activists who respond to the report and offer their views on the sensitive issue of religious diversity and the law in Europe.
While religious conflict receives plenty of attention, the everyday negotiation of religious diversity does not. Questions of how to accommodate religious minorities and of the limits of tolerance resonate in a variety of contexts and have become central preoccupations for many Western democracies. What might we see if we turned our attention to the positive narratives and success stories of the everyday working out of religious difference? Rather than 'tolerance' and 'accommodation', and through the stories of ordinary people, this book traces deep equality, which is found in the respect, humour, and friendship of seemingly mundane interactions. Deep Equality in an Era of Religious Diversity shows that the telling of such stories can create an alternative narrative to that of diversity as a problem to be solved. It explores the non-event, or micro-processes of interaction that constitute the foundation for deep equality and the conditions under which deep equality emerges, exists, and sometimes flourishes. Through a systematic search for and examination of such narratives, Lori G. Beaman demonstrates the possibility of uncovering, revealing, and recovering deep equality--a recovery that is vital to living in an increasingly diverse society. In achieving deep equality, identities are fluid, shifting in importance and structure as social interaction unfolds. Rigid identity imaginings, especially religious identities, block our vision to the complexities of social life and press us into corners that trap us in identities that we often ourselves do not recognize, want, or know how to escape. Although the focus of this study is deep equality and its existence and persistence in relation to religious difference, deep equality is located beyond the realm of religion. Beaman draws from the work of those whose primary focus is not in fact religion, and who are doing their own 'deep equality' work in other domains, illustrating especially why equality matters. By retelling and exploring stories of negotiation it is possible to reshape our social imaginary to better facilitate what works, which varies from place to place and time to time.
This text provides an authoritative account of the law and politics of international organisations. Looking at the role, function and history of organisations, it offers a wide ranging and thorough analysis of the area.--
Many aspects of religion are puzzling these days. This book looks at ways of improving our understanding of religious change by strengthening the links between social theory and the social scientific study of religion. It clarifies the social processes involved in constructing religion and non-religion in public and private life. Taking illustrations of the importance of these boundaries from studies of secularisation, religious diversity, globalisation, religious movements and self-identity, James A. Beckford reviews the current state of social scientific knowledge about religion.
In Freedom of Religion and Its Regulation in Nigeria: Analysis of Preaching Board Laws in Some States of Northern Nigeria, Ahmed Salisu Garba provides an account of how states in Northern Nigeria have enacted laws to regulate religious preaching in the spheres of influence. The work examines the debates surrounding the laws and how the state in collaboration with dominant religious groups persecuted members of minority religious in the states. The author applied an argumentative approach to raise and analyse issues relating to the reasonability of the laws in Nigeria, reasons for their enactment, judicial review mechanisms employed in the determination of the reasonability of the laws in democracies, and how they accord with the freedom of religion clause in the Nigerian Constitution.
This book examines law and religion from the perspective of its case law. Each chapter focuses on a specific case from a Commonwealth jurisdiction, examining the history and impact of the case, both within the originating jurisdiction and its wider global context. The book contains chapters from leading and emerging scholars from across the Commonwealth, including from the United Kingdom, Canada, Australia, Pakistan, Malaysia, India and Nigeria. The cases are divided into four sections covering: - Foundational Questions in Law and Religion - Freedom of Religion around the Commonwealth - Religion and state relations around the Commonwealth - Rights, Relationships and Religion around the Commonwealth. Like religion itself, the case law covers a wide spectrum of life. This diversity is reflected in the cases covered in this book, which include: - Titular Roman Catholic Archbishop of Kuala Lumpur v Home Minister on the use of the Muslim name for God by non-Muslims in Malaysia - The Church of the New Faith v Commissioner of Pay-roll Tax (Vic) which determined the meaning of religion in Australia - Eweida v UK which clarified the application of Article 9 of the European Convention on Human Rights - R v Big M Drug Mart on the individual protections of religious freedom under the Canadian Charter of Rights. The book examines how legal disputes involving religion are among the most contested in the courts and shows that in these cases, passions run high and the outcomes can have significant consequences for all involved.
