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Ritual Slaughter, Animal Welfare and the Freedom of Religion
According to traditional Jewish and Islamic law, animals must be slaughtered by a single cut to the throat. The practice of ritual slaughter has become controversial to the extent that it is interpreted as precluding animals from being stunned first. This raises a number of important and related questions. What are the limits of animal welfare? What are the limits of the right to freedom of religion? What is the best way to discuss this dilemma in a democratic society under the rule of law that also respects minorities? In three essays, the authors reflect upon these and other questions. Jan Willem Sap emphasises that the state must continue its dialogue with Jews and Muslims with the aim to...
Freedom of Religion and Religious Pluralism
"This book brings together a variety of religious and non-religious perspectives on religious pluralism. It explores the key philosophical and legal issues associated with religious freedom and social harmony"--
Control in Constitutional Law
J.J.M. Linders.
National Parliaments and European Democracy
This book engages in the vivid debate about the role of nationalparliaments in the future European democracy. These parliaments are widely regarded to be essential in reducing the European Union's democratic deficit, but it remains unclear how their function should be organized. The purpose of this volume is to contribute to such a regime on the basis of a comparative analysis of scrutiny systems, as they exist today.
Animal Lives Matter
Animal Lives Matter provides a comprehensive analysis of the legal, philosophical, and ethical aspects of animal rights. It argues that the subject extends beyond the matter of our obligations towards animals, to include our wider responsibilities for protecting the environment. Drawing on numerous moral, political, legal, religious, and philosophical theories including utilitarianism, deontology, rights theory, social contractarianism, and the capabilities approach, the author meticulously examines the questions of sentience, speciesism, personhood, and human exceptionalism. Lucid, nuanced, and academically rigorous, this important book will be an essential resource for scholars of law, politics, philosophy, ethics, as well as policy makers and the general reader.
The Lautsi Papers: Multidisciplinary Reflections on Religious Symbols in the Public School Classroom
Increasingly, debates about religious symbols in the public space are reformulated as human rights questions and put before national and international judges. Particularly in the area of education, legitimate interests are manifold and often collide. Children’s educational and religious rights, parental liberties vis-à-vis their children, religious traditions, state obligations in the area of public school education, the state neutrality principle, and the professional rights and duties of teachers are all principles that may warrant priority attention. Each from their own discipline and perspective––ranging from legal (human rights) scholars, (legal) philosophers, political scientists, comparative law scholars, and country-specific legal experts––these experts contribute to the question of whether in the present-day pluralist state there is room for state symbolism (e.g. crucifixes in classroom) or personal religious signs (e.g. cross necklaces or kirpans) or attire (e.g. kippahs or headscarves) in the public school classroom.
Judicial Review of Legislation
Constitutionalism is the permanent quest to control state power, of which the judicial review of legislation is a prime example. Although the judicial review of legislation is increasingly common in modern societies, it is not a finished project. This device still raises questions as to whether judicial review is justified, and how it may be structured. Yet, judicial review’s justification and its scope are seldom addressed in the same study, thereby making for an inconvenient divorce of these two related avenues of study. To narrow the divide, the object of this work is quite straightforward. Namely, is the idea of judicial review defensible, and what influences its design and scope? This...
The Open Society and Its Animals
This book is an interdisciplinary study centred on the political and legal position of animals in liberal democracies. With due concern for both animals and the sustainability of liberal democracies, The Open Society and Its Animals seeks to redefine animals’ political-legal position in the most successful political model of our time. Advancements in modern science point out that many animals are sentient and that, like humans, they have certain elementary interests. The revised perception of animals as beings with elementary interests raises questions concerning the liberal democratic institutional framework: does a liberal democracy have a responsibility towards the animals on its territory, and if so, what kind? Do animals need legal animal rights and lawyers to represent them in court, and should they also be represented in parliament? And how much change of this kind could a liberal democracy really endure? Vink addresses these and other pressing questions relating to the political and legal position of animals in this persuasive and authoritative work, compelling us to reconsider the relationship between the open society and the animals in it.
Pluralism and Law
Contents Brenda M. Baker: Will Kymlicka on Minority Cultures and their Entitlements - Patricia Smith: Legal Reason, Human Rights and Plural Values - B. de Castro Cid: Some paradoxes about collective human rights - Winfried Brugger: The Common Good and Pluralism in the Modern Constitutional State - Carla M. Zoethout: Does the multicultural Society Require New Human Rights? An Appeal to the Ideal of Constitutional Democracy - Valentin Petev: Legal Ought and Moral Ought in a Pluralistic Society - John Mikhail: Islamic Rationalism and the Foundation of Human Rights - Kamal Hossain: Pluralism and the Law, Evolving legal frameworks for change in Muslim societies: some reflections - Kate McMillan: ...
