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A New Introduction to Jurisprudence
A New Introduction to Jurisprudence takes one of the central problems of law and jurisprudence as its point of departure: what is the law? Adopting an intermediate position between legal positivism and natural law, this book reflects on the concept of ‘liberal democracy’ or ‘constitutional democracy’. In five chapters the book analyses: (i) the idea of higher law, (ii) liberal democracy as a legitimate model for the state, (iii) the separation of church and state or secularism as essential for the democratic state, (iv) the universality of higher law principles, (v) the history of modern political thought. This interdisciplinary approach to jurisprudence is relevant for legal scholars, philosophers, political theorists, public intellectuals, historians, and politicians.
Theoterrorism V. Freedom of Speech
This book aims to understand the motives of religious fanatics' and their extreme reactions to religious satire and criticism by means of the concept of theoterrorism: terrorism grounded in religious zealotry.
Islamism, Political Islam, and the Need for Critique
This essay is about Islamism (or political Islam) as a challenge for contemporary liberal democracies. Paul Cliteur portrays Islamism as an ideology that favors one specific religion as supreme, which aspires to achieve hegemony over all other ways of life. At the present moment, Islamism is a threat to free speech because it is a source of inspiration for jihadist terrorism. The author makes a plea for distinguishing a. the religion of Islam, b. Muslims as a group, and c. the political ideology of Islamism. European nation-states should analyze the features of Islamism to combat it successfully. The author also discusses some recent case law by the European Court of Human Rights in Strasbourg, which criminalizes the critics of Islamism instead of defending their free speech (and, frankly, moral obligation) in criticizing radical religion (E.S. v. Austria, 2018).
The Secular Outlook
The Secular Outlook: In Defense of Moral and Political Secularism shows how people can live together and overcome the challenge of religious terrorism by adopting a "secular outlook" on life and politics. Shows how secularism can answer the problem of religious terrorism Provides new perspectives on how religious minorities can be integrated into liberal democracies Reveals how secularism has gained a new political and moral significance. Also examines such topics as atheism, religious criticism and free speech
A New Introduction to Legal Method
A New Introduction to Legal Method provides a comprehensive overview of legal science and the scientific character of legal knowledge. In five chapters, the book analyses and explores: (i) legal methodology in general, the main features of different schools of thought, and the nature of science in general; (ii) American realism, which offers an ideal starting point for law students to reflect on the material they are about to study critically; (iii) rationalism, empiricism, and logical positivism, in particular the work of Karl Popper; (iv) criticisms of essentialism; (v) the ideological and philosophical background of contemporary liberal interpretation. The inclusion of Dutch, French, and German literature sources makes this law title differ from previous writings on legal science. This textbook is ideal for students of legal method, and will be of great interest to those studying legal science, jurisprudence, legal research,and legal skills.
In gesprek met Paul Cliteur / druk 1
Interview met de bekende hoogleraar, filosoof en vrijdenker.
Reading Tocqueville
This volume sets up a dialogue between the 'historical' and the 'contemporary' Tocqueville. How does a contextualization of Tocqueville, or a focus on his embeddedness in nineteenth-century political culture, add to our understanding of his political thought? How has the use of his writings in political debate influenced the reception of his work?
The Fall and Rise of Blasphemy Law
In contemporary politics two conflicting trends have influenced freedom of expression. The first confirms that many Western countries have become less strict about sacrilegious expression and repealed their blasphemy laws or withdrew much of their punishment for blasphemy. Yet the second trend manifests in an opposing movement, often couched in terms of religious freedom, which attempts to reconcile free speech with freedom of religion by punishing expressions deemed, for instance, "hate speech." With contributions by scholars from a wide range of disciplines, this book offers an examination of topical issues relating to both of these movements, looking at freedom of expression, censorship, and blasphemy in contemporary multicultural democracies.
Religious Liberty in Western and Islamic Law
Weaves together international and comparative law, religion, international relations, comparative politics, and legal history to illuminate and address the theoretical and practical dimensions of a significant human rights problem.
Law and Politics of Religious Fraud Regulation
In comparing the ways in which China, Taiwan and Hong Kong punish religious claims and practices considered by the state to be false or fraudulent, Jianlin Chen presents a seminal contribution to the interdisciplinary study of religious freedom. The book not only reveals how these legal tools sustain a hierarchy of religion, but also the political dynamic behind the design and utilization of these legal tools.
