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The Juridification of Religion?
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.
Internationalization and Re-Confessionalization
This volume explores the interaction between law and religion in the Nordic region and Germany in the post-World War II period. It examines how religion has been conceptualized and managed within secular law and pays particular attention to the growing influence of international law on the regulation of majority and minorty religion. The volume investigates different ways of understanding the secularity of law, and it analyzes the relationship between conceptions of secularity within law and theology in the region. Finally, it also discusses renegotiations of theological positions with regard to the law of the land and tendencies towards re-confessionalization of law governing religion.
Nonreligion in Late Modern Societies
This volume presents results from new and ongoing research efforts into the role of nonreligion in education, politics, law and society from a variety of different countries. Featuring data from a wide range of quantitative and qualitative studies, the book exposes the relational dynamics of religion and nonreligion. Firstly, it highlights the extent to which nonreligion is defined and understood by legal and institutional actors on the basis of religions, and often replicates the organisation of society and majority religions. At the same time, it displays how essential it is to approach nonreligion on its own, by freeing oneself from the frameworks from which religion is thought. The book ...
Religion and Prison: An Overview of Contemporary Europe
This volume offers a European overview of the management of religious diversity in prisons and provides readers with rich empirical material and a comparative perspective. The chapters combine both legal and sociological approaches. Coverage for each country includes historical background, current penitentiary organization, and recent changes or trends. In their exploration of legal aspects, the contributors look at such factors as the status of prison chaplains and regulations concerning religious practice and religious freedom. These include meals, prayers, and visits. The sociological analysis examines religious discrimination in prison, church-prison relations, conversion and proselytism, and more. The European coverage includes countries for which such information is seldom available. The book offers readers a better understanding of governance of religion in prisons. This text appeals to students, researchers and professionals in the field.
The Church and Employment Law
This book examines the current law on the employment status of ministers of religion together with religious workers and volunteers and suggests reforms in this area of the law to meet the need for ministers to be given a degree of employment protection. It also considers the constant theme in Christian history that the clergy should not be subject to the ordinary courts and asks whether this is justified with the growth of areas such as employment law. The work questions whether it is possible to arrive at a satisfactory definition of who is a minister of religion and, along with this, who would be the employer of the minister if there was a contract of employment. Taking a comparative pers...
Secular and Sacred?
Shaped by five hundred years of Lutheran impact and with a strong influence of big majority churches, Scandinavian secularity is a very interesting and fruitful material for the historical and contemporary theoretical debate on the secular. It can be discussed, for example, whether the strong position of Human Rights and of the Scandinavian welfare state might be interpreted in continuity with the historical influence of Protestant traditions. Is there something like a hidden sacrality implicit in the Scandinavian secular?
Regulating Freedom of Religion
Freedom of Religion—declared in Art. 18 of the Universal Declaration of Human Rights (1948)—concerned not only individuals, but included the moral right of religious communities to manifest religion in public. The International Covenant on Political and Civil Rights (1966/1976) made it a legal right and added an article that allowed states to restrict that freedom, provided it violates national laws and public order. This article resulted in an ongoing process of legal proceedings. The Human Rights Committee of the UN and the European Court of Human Rights have made judgments that allowed a plurality of religions in public, even in cases where there is a state religion. A declaration of ...
Making Religion and Human Rights at the United Nations
This volume examines the different and sometimes contradictory approaches of four UN human rights committees to the concept of religion. Drawing on critical perspectives from religious studies, the book combines a genealogical assessment of the role of religion in international law with a detailed textual study of the reporting practice of the committees monitoring racial discrimination, civil and political rights, women's rights, and children's rights. Årsheim argues that the role of religion within the rights traditions monitored by the committees varies to the extent that their recommendations risk contradicting one another, thereby undermining their credibility and potential to bring about real change on the ground: Where some committees view religion singularly as a core individual right, others see religion partly as an inherent threat to the realization of other rights, but also as a potent social force to be reckoned with. In order to remedy this situation, Årsheim proposes the publication of a joint general comment by all the committees, spelling out their approach to the role of religion in the implementation of human rights.
The Non-Religious and the State
As the number of the non-affiliated and religiously indifferent is on the rise, this book adds a hitherto absent historical dimension to the field of secular studies. It shows a variety of ways in which the non-religious at large - be it organizations, networks or even committed individuals - impact upon the interface between the state and the religious or the non-religious. To what specific legal statuses have these processes led? What elements were taken into consideration when making these decisions? Who opted for a recognition of a non-confessional lifestance and why? Conversely, who opted for a wall of separation and why? Are things that clear cut? Doesn't the variety of choices and frameworks offer a more varied spectrum? What continuities and discontinuities are to be observed in the history of seculars and their organizations? These patterns, divergent and entangled, are developed and explained within the broader conception of 'multiple secularisms'.
Ekklesia
Ekklesia: Three Inquiries in Church and State offers a New World rejoinder to the largely Europe-centered academic discourse on church and state. In contrast to what is often assumed, in the Americas the relationship between church and state has not been one of freedom or separation but one of unstable and adaptable collusion. Ekklesia sees in the settler states of North and South America alternative patterns of conjoined religious and political power, patterns resulting from the undertow of other gods, other peoples, and other claims to sovereignty. These local challenges have led to a continuously contested attempt to realize a church-minded state, a state-minded church, and the systems th...
