Religious Rules, State Law, and Normative Pluralism - A Comparative Overview

Administrative / Constitutional Law

Religious Rules, State Law, and Normative Pluralism - A Comparative Overview

Edited by Rossella Bottoni · Rinaldo Cristofori · Silvio Ferrari
Springer-Verlag July 2016

Specifications

ISBN-13
9783319283333
Publisher
Springer-Verlag
Publication
July 2016
Format
Hardback
Jurisdiction
Switzerland ? Countri(es) for reference only

Details

This book is devoted to the study of the interplay between religious rules and State law. It explores how State recognition of religious rules can affect the degree of legal diversity that is available to citizens and why such recognition sometime results in more individual and collective freedom and sometime in a threat to equality of citizens before the law.

The first part of the book contains a few contributions that place this discussion within the wider debate on legal pluralism. While State law and religious rules are two normative systems among many others, the specific characteristics of the latter are at the heart of tensions that emerge with increasing frequency in many countries. The second part is devoted to the analysis of about twenty national cases that provide an overview of the different tools and strategies that are employed to manage the relationship between State law and religious rules all over the world.

Table of Contents

Religious Rules and Legal Pluralism
An Introduction
Silvio Ferrari.
State Norms, Religious Norms, and Claims of Plural Normativity under Democratic Constitutions
Michele Graziadei.
Anthropological Perspectives on the Normative and Institutional Recognition of Religion by the Law of the State
Martin Ramstedt.
Legal Pluralism: Freedom of Religion, Exemptions and Equality of Citizens
Bryan S. Turner.
Applicable Religious Rules According to Austrian Law
Wolfgang Wieshaider.
Religious Rules and Principles in Belgian Law
Louis-Leon Christians and Adriaan Overbeeke.
The Relation between Religion and State in Brazilian Law
Jane Reis Goncalves Pereira.
The Colombian Legal System: Applicable Religious Rules
Vicente Prieto.
Estonia: Religious Rules and State Law
Merilin Kiviorg.
La France Face A Ses Religions
Jacques Robert.
The Interplay between State Law and Religious Law in Germany
Ino Augsberg and Stefan Korioth.
Borders of Religious Authonomy in Hungary
Balazs Schanda.
Application of Religious Law in A Multi-Religion Nation State. The Israeli Model
Asher Maoz.
Modifications Et Contradictions De La Realite Socioreligieuse En Italie. Profiles Juridiques Et Sociales
Roberto Mazzola.
Legal Pluralism and Conflicts in Malaysia: The Challenge of Embracing Diversity
Nurjaanah Chew Li Hua.
The Status and Implementation of Islamic Law in Malaysia
Mohamed Azam Mohamed Adil
Nisar Mohammad Ahmad.
Religious Rules and the Law of the Dutch State
Sophie van Bijsterveld.
Portugal. Religious Rules and State Law
Paulo Adragao
Anabela Leao.
L'application Des Regles Religieuses Dans Le Systeme Juridique Du Quebec
Jabeur Fathally.
Managing Religion through "Religious Harmony": The Case of Singapore
Arif A. Jamal.
Religion and the Constitutional Experience of South Africa
Pieter Coertzen.
Striking the Balance between Religious Rules and State Law: Spain
Javier Martinez-Torron.
Religion and Law in the UK
An English Perspective On Applicable Religious Rules According To The Law Of The State
Soren Holm and Javier Garcia Oliva.
Conclusion: In Pursuit of Pluralism
Russell Sandberg.
Appendix. of the Contract in Turkish Law
Basak Baysal.
Index.
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