Law as Religion, Religion as Law

Author: David C. Flatto; Benjamin Porat
Publisher: Cambridge University Press
ISBN: 9781108486538

Published In: August 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781108707923

List Price: HKD 1,352.00

HKD 1,311.44 Save HKD 40.56 (3%)

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

The conventional approach to law and religion assumes that these are competing domains, which raises questions about the freedom of, and from, religion; alternate commitments of religion and human rights; and respective jurisdictions of civil and religious courts. This volume moves beyond this competitive paradigm to consider law and religion as overlapping and interrelated frameworks that structure the social order, arguing that law and religion share similar properties and have a symbiotic relationship. Moreover, many legal systems exhibit religious characteristics, informing their notions of authority, precedent, rituals and canonical texts, and most religions invoke legal concepts or terminology. The contributors address this blurring of law and religion in the contexts of political theology, secularism, church-state conflicts, and the foundational idea of divine law.

Part I. Sanctification and Secularization:

1. Desanctification of law and the problem of absolutes

Jeremy Waldron

2. The paradox of human rights discourse and the Jewish legal tradition

Suzanne Last Stone

3. Sovereign imaginaries: visualizing the sacred foundation of law's authority

Richard K. Sherwin

Part II. Legal-Religious Language:

4. Dat: from law to religion: the transformation of formative term in modern times

Abraham Melamed

5. Law as religion, religion as law: Halakhah from a semiotic point of view

Bernard S. Jackson