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Law as Religion, Religion as Law

Law as Religion, Religion as Law

Name: Law as Religion, Religion as Law
Brand: Cambridge University Press
SKU: 9781108707923
Price: 516.04 HKD
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Author: David C. Flatto; Benjamin Porat
ISBN: 9781108707923

Edited by David C. Flatto · Benjamin Porat

Cambridge University Press February 2025

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ISBN-13: 9781108707923
Publisher: Cambridge University Press
Publication: February 2025
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

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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

6. Canonicity as a defining feature of legal and religious discourse: a programmatic essay

Daniel Reifman

Part III. Legal-Theological Roots:

7. Exceptional grace: religion as the sovereign suspension of law

Robert Yelle

8. A bad man theory of religious law (numbers 15:30-31 and its afterlife)

David C. Flatto

9. Soviet law and political religion

Dmytro Vovk

10. International law as evangelism

Kevin Crow

Part IV. Religious Conceptions of Law:

11. 'Enjoin them upon your children to keep' (Deuteronomy 32:46): law as commandment and legacy, or, Robert Cover meets Midrash

Steven D. Fraade

12. 'Between man and god' and 'Between man and his fellow': categories in Polemical context

Itzhak Brand

13. Christian feasts and administration of Roman justice in late antiquity

Silvia Schiavo

Part V. Law in Formation: Religious Perspectives:

14. Law as a problematic aspect of religion: Paul's skepticism in a broader Jewish context

Serge Ruzer

15. When law meets theology: legality and revelation in the Jewish, Islamic, and Zoroastrian traditions in the Abbasid period

Yishai Kiel

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Table of Contents

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