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Religion and Law: An Introduction

, by Edge,Peter W.

Religion and Law: An Introduction by Edge,Peter W., 9780754630487

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ISBN: 9780754630487 | 075463048X
Cover: Nonspecific Binding
Copyright: 6/28/2006

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Summary

Table of Contents

Supplemental Materials

Discussion of the way in which law engages with religious difference often takes place within the context of a single jurisdiction. Religion and Law: An Introduction, presents a comprehensive text for students, drawing on examples from across key Anglophone jurisdictions - the United Kingdom, the United States, Canada, New Zealand, Australia and South Africa, as well as international law, to explore a broad range of issues.

Acknowledgements

viii

1 Thinking About Law Thinking About Religion

1

(38)

Introducing Law and Religion

1

(1)

Why is Law Important for Religion?

2

(3)

Why is Religion Important for Law?

5

(22)

What is Law?

11

(1)

The Constitution

12

(3)

Legislation

15

(5)

Decisions of the Superior Courts

20

(5)

Academic Commentary and Other Secondary Sources

25

(1)

Soft Law and Law in Practice

26

(1)

What is Religion?

27

(7)

Approaching the Literature

34

(5)

Methodology

34

(1)

Territorial Scope

35

(1)

Topic

36

(1)

Readership

37

(2)

2 Religious Interests in International and Domestic Laws

39

(40)

The Idea of Religious Interests

39

(5)

A Taxonomy of Religious Interests

40

(4)

Religious Interests in International Law

44

(20)

International Law

44

(2)

The Work of the United Nations

46

(4)

Regional Human Rights Documents: The ECHR

50

(12)

Other Regional Human Rights Documents

62

(1)

The Limitations of International Law

62

(2)

Religious Interests in Generally Applicable Domestic Guarantees

64

(15)

The Role of Generally Applicable Guarantees of Rights in Constitutions

64

(1)

United Kingdom

65

(2)

New Zealand

67

(1)

The United States

68

(4)

Canada

72

(2)

Australia

74

(2)

South Africa

76

(1)

Are Generally Applicable Religious Guarantees Useful?

77

(2)

3 The State and the Individual

79

(16)

The Nature of the Problems

79

(1)

Disobeying Generally Applicable Prohibitions

80

(7)

Religious Drug Use in the US, England, and South Africa

81

(6)

Refusing a Positive Duty to Act

87

(3)

Conscientious Objection to Military Service under the ECHR

87

(2)

Conscientious Objection to Taxation in the US

89

(1)

Seeking Protection for Religious Difference: Improper Proselytism under the European Convention on Human Rights

90

(3)

Conclusions

93

(2)

4 The State and the Religious Organisation

95

(40)

The Nature of the Problems

95

(1)

Organisational Involvement in the Domestic Constitution and International Organisations

96

(6)

Religious Representation in the UK

97

(4)

Organisational Involvement in the International Arena

101

(1)

State involvement in the Organisation: Registration and Recognition in Russia

102

(5)

Organisational Involvement in State Initiatives Charities in the UK

107

(4)

Claims Against Religious Organisations: Clergy issues

111

(11)

Claims by Clergy in the United Kingdom

111

(1)

Claims for the Misconduct of Religious Professions the United States

111

(11)

Community Rights: Sacred Places

122

(13)

Sacred Buildings in the United Kingdom

123

(6)

Sacred Places in the US: indigenous American Religions and the US Landscape

129

(6)

5 Conclusions

Further Reading

135

(1)

International Guarantees of Religious Interests

135

(1)

General

135

(1)

Universal Declaration of Human Rights

135

(1)

International Covenant on Civil and Political Rights

135

(1)

1981 Declaration

135

(1)

European Convention on Human Rights

135

(1)

Introductions to Particular Jurisdictions

136

(1)

United Kingdom

136

(1)

United States

136

(1)

Canada

136

(1)

New Zealand

136

(1)

South Africa

137

(1)

Theoretical Issues

137

(2)

Defining Religion

137

(1)

Significance of Law and Religion to one Another

137

(2)

Bibliography

139

(16)

Index

155

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