Law, Religion and Tradition

Jessica Giles, Andrea Pin, Frank S. Ravitch (Herausgeber)

Buch | Hardcover

XVII, 191 Seiten

2018
Springer International Publishing (Verlag)
978-3-319-96748-6 (ISBN)

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This book explores different theories of law, religion, and tradition, from both a secular and a religious perspective. It reflects on how tradition and change can affect religious and secular legal reasoning, identifying the patterns of legal evolution within religious and secular traditions.
It is often taken for granted that, even in law, change corresponds and correlates to progress - that things ought to be changed and they will necessarily get better. There is no doubt that legal changes over the centuries have made it possible to enhance the protection of individual rights and to somewhat contain the possibility of tyranny and despotism. But progress is not everything in law: stability and certainty lie at the core of the rule of law. Similarly, religions and religious laws could not survive without traditions; and yet, they still evolve, and their evolution is often intermingled with secular law.
The book asks (and insome ways answers) the questions: What is the role of tradition within religions and religious laws? What is the impact of religious traditions on secular laws, and vice-versa? How are the elements of tradition to be identified? Are they the same within the secular and the religious realm? Do secular law and religious law follow comparable patterns of change? Do their levels of resilience differ significantly? How does the history of religion and law affect changes within religious traditions and legal systems?
The overall focus of the book addresses the extent to which tradition plays a role in shaping and re-shaping secular and religious laws, as well as their mutual boundaries.

Jessica Giles is a law lecturer at the Open University. She graduated in Law at Durham University and completed her master's in International Human Rights Law and European Union Law at Bristol University. She studied theology at the Open Theological College and theology of law at Spurgeon's College. She qualified as a Solicitor in 1991 and transferred to the Bar in 2016. She has worked as a law reporter for the Incorporated Council of Law Reporting for England and Wales in the Chancery, Queen's Bench and Administrative Divisions of the High Court as well as in the Court of Justice of the European Union. She gained her Fellowship of the Higher Education Academy in 2015 and Senior Fellowship of the Higher Education Academy in 2016. Andrea Pin (JD, University of Padua; PhD, University of Turin) is Associate Professor at the University of Padua, where he has taught Comparative Public Law, Economic & Social Rights, Islamic Law, Human Rights in Comparative Perspective, and Italian Constitutional Law. A former judicial clerk to the Italian Constitutional Court, he has taught at the U.S. Universities of Emory, where he is Senior Fellow at the Center for the Study of Law and Religion, and of Notre Dame, where he was also Visiting Fellow at the Kellogg Institute for International Studies in 2014. He is author of four books, including "The Legal Treatment of Muslim Minorities in Italy" (Ashgate 2016); his scholarly articles have appeared in U.S., British, Italian, Spanish, and French journals.

From the Secularisation Theory to the Pluralistic Approach: Reconciling Religious Traditions and Modernity in Italian Case-law.- The Blasphemy Laws of Pakistan: Experimenting with History and Tradition.- An Analysis of the Possibility of Fulfilling Gender Equality Within the Legal System of The Islamic Republic Of Iran (Iri).- Tradition's Edge: Interactions between Religious Tradition and Sexual Freedom.- The Inverted Relationship: Constitutive Theory of Law and the Enforcement of Orthodoxy in the book XVI of The Theodosian Code.- The Recent, and Sometimes Invented, Origins of Some "Longstanding" Traditions.- Law, Religion, and the Detraditionalization Of Europe.- Tradition as a Peacebuilding Tool.

Erscheinungsdatum	12.10.2018
Reihe/Serie	Law and Religion in a Global Context
Zusatzinfo	XVII, 191 p.
Verlagsort	Cham
Sprache	englisch
Maße	155 x 235 mm
Gewicht	475 g
Themenwelt	Geisteswissenschaften ► Religion / Theologie
	Recht / Steuern ► Allgemeines / Lexika
	Sozialwissenschaften
Schlagworte	constitutional law • Global Religions • Law and Religion • Law and Religious Traditions • Religion and Legal Change • Religion and Society • Religions and Social Change • Religious Law • religious reform • religious traditions
ISBN-10	3-319-96748-7 / 3319967487
ISBN-13	978-3-319-96748-6 / 9783319967486
Zustand	Neuware