This cross-disciplinary collaboration offers historical and contemporary scholarship exploring the interface of Christianity and international law. Christianity and International Law aims to understand and move past arguments, narratives and tropes that commonly frame law-religion studies in global governance. Readers are introduced to a range of confessional and critical perspectives explicitly engaging a diverse range of methodological and theoretical orientations to rethink how we experience and find ourselves caught within the phenomena of Christianity and international law.
One of the great tasks, perhaps the greatest, weighing on modern international lawyers is to craft a universal law and legal process capable of ordering relations among diverse people with differing religions, histories, cultures, laws, and languages. In so doing, we need to take the world's peoples as we find them and not pretend out of existence their wide variety. This volume builds on the eleven essaysedited by Mark Janis in 1991 in The Influence of Religion and the Development of International Law, more than doubling its authors and essays and covering more religious traditions. Now included are studies of the interface between international law and ancient religions, Confucianism, Hinduism, Judaism, Christianity, and Islam, as well as essays addressing the impact of religious thought on the literature and sources of international law, international courts, and human rights law.
In this book Christoph Stumpf investigates theological influences upon the legal theory of Hugo Grotius (1583-1645), who is regarded by many as the "father of modern international law". The author analyses how Grotius has contributed to the transformation and further development of international law from its roots in Christian theology to a trans-religious law of nations. From the theological substance in Grotius' views on international relations the author concludes that Grotius' legal theory can be perceived as a theological system of international law.
This collective volume brings together contributions by academics in various fields of law and the humanities, in order to tackle the complex interactions between international law and religion. The originality and the variety of approaches makes this book a must-have for academics planning to approach the topic in the future.
This commentary on freedom of religion or belief provides a comprehensive overview of the pressing issues of freedom of religion or belief from an international law perspective.
Freedom of religion is a subject, which has throughout human history been a source of profound disagreements and conflict. In the modern era, religious-based intolerance continues to provide lacerative and tormenting concern to the possibility of congenial human relationships. As the present study examines, religions have been relied upon to perpetuate discrimination and inequalities, and to victimise minorities to the point of forcible assimilation and genocide. The study provides an overview of the complexities inherent in the freedom of religion within international law and an analysis of the cultural-religious relativist debate in contemporary human rights law. As many of the chapters examine, Islamic State practices have been a major source of concern. In the backdrop of the events of 11 September 2001, a considerable focus of this volume is upon the Muslim world, either through the emergent State practices and existing constitutional structures within Muslim majority States or through Islamic diasporic communities resident in Europe and North-America.
Whilst Christian theology is familiar with questions about the relation of church and state, divine and human law, little attention has been devoted to questions of international law. Esther D. Reed offers a systematic engagement with contemporary issues of international law and its relevance for modern theology. Reed discusses numerous issue driven topics, including: challenges to classic just-war thinking from so-called fourth generation warfare, peoples and nationhood within divine providence, the ethics of territorial borders and the militarization of human intervention. By discussing selected biblical texts Reed helps to move the issues of international law higher up the agenda of Christian theology, ethics and moral reasoning.
This book analyses the right to religious freedom in international law, drawing on an array of national and international cases. Taking a rigorous approach to the right to religious freedom, Anat Scolnicov argues that the interpretation and application of religious freedom must be understood as a conflict between individual and group claims of rights, and that although some states, based on their respective histories, religions, and cultures, protect the group over the individual, only an individualistic approach of international law is a coherent way of protecting religious freedom. Analysing legal structures in a variety of both Western and Non-Western jurisdictions, the book sets out a topography of different constitutional structures of religions within states and evaluates their compliance with international human rights law. The book also considers the position of women's religious freedom vis-à-vis community claims of religious freedom, of children’s right to religious freedom and of the rights of dissenters within religious groups.
Is contemporary international order truly a secular arrangement? Theorists of international relations typically adhere to a narrative that portrays the modern states system as the product of a gradual process of secularization that transcended the religiosity of medieval Christendom. William Bain challenges this narrative by arguing that modern theories of international order reflect ideas that originate in medieval theology. They are, in other words, worldly applications of a theological pattern. This ground-breaking book makes two key contributions to scholarship on international order. First, it provides a thorough intellectual history of medieval and early modern traditions of thought and the way in which they shape modern thinking about international order. It explores the ideas of Augustine, Thomas Aquinas, William of Ockham, Martin Luther, and other theologians to rise above the sharp differentiation of medieval and modern that underpins most international thought. Uncovering this theological inheritance invites a fundamental reassessment of canonical figures, such as Hugo Grotius and Thomas Hobbes, and their contribution to theorizing international order. Second, this book shows how theological ideas continue to shape modern theories of international order by structuring the questions theorists ask as well as the answer they provide. It argues that the dominant vocabulary of international order, system and society, anarchy, balance of power, and constitutionalism, is mediated by the intellectual commitments of nominalist theology. It concludes by exploring the implications of thinking in terms of this theological inheritance, albeit in a world where God is only one of several possibilities that can called upon to secure the regularity of order.
This book assesses whether a new category of actors-religious actors-has been constructed within international law. Religious actors, through their interpretations of the religion(s) they are associated with, uphold and promote, or indeed may transform, potentially oppressive structures or discriminatory patterns. This study moves beyond the concern that religious texts and practices may be incompatible with international law, to provide an innovative analysis of how religious actors themselves are accountable under international law for the interpretations they choose to put forward. The book defines religious actors as comprising religious states, international organizations, and non-state entities that assume the role of interpreting religion and so claim a 'special' legitimacy anchored in tradition or charisma. Cutting across the state / non-state divide, this definition allows the full remit of religious bodies to be investigated. It analyses the crucial question of whether religious actors do in fact operate under different international legal norms to non-religious states, international organizations, or companies. To that end, the Holy See-Vatican, the Organization of Islamic Cooperation, and churches and religious organizations under the European Convention on Human Rights regime are examined in detail as case studies. The study ultimately establishes that religious actors cannot be seen to form an autonomous legal category under international law: they do not enjoy special or exclusive rights, nor incur lesser obligations, when compared to their respective non-religious peers. Going forward, it concludes that a process of two-sided legitimation may be at stake: religious actors will need to provide evidence for the legality of their religious interpretations to strengthen their legitimacy, and international law itself may benefit from religious actors fostering its legitimacy in different cultural contexts.
