CHAPTER 2 Law , Religion and Culture in Multicultural Britain Werner Menski
Introductory Background : Haphazard Learning About Legal Multiculturalism
Working in Leicester , UK during 1972 / 3 , I came across some abandoned
Author: Rubya Mehdi
Publisher: Djoef Pub
This collection of essays concerns the co-existence of religious and secular laws in multicultural societies. By considering a wide range of societies, the book allows more comparisons and makes a much wider contribution than most others on the same topic. The majority of the papers in this book are either based on personal experience or on empirical social scientific research. The sociological approach means that both religious doctrine and legal doctrine are seen and discussed as social phenomena. Half of the studies in the book are focused on countries and societies in North America and Europe, including Britain, Canada, the European Union, Belgium, and Denmark. They consider other countries in their relationships to North America and Europe in consequence of immigration, and they contain many comparative reflections, thus opening up further possibilities of understanding society in the west. Law and Religion in Multicultural Societies is in many ways a global book on a global issu
Law and Religion in Multicultural Societies . Copenhagen , DJØF , 2008 ( in
particular the contributions of Werner Menski pp . 4362 ; , pp . 63 - 82 ) . Menski ,
W . ( 2008 ) : “ Law , Religion and Culture in Multicultural Britain , ” in : Mehdi , R .
Author: Lisbet Christoffersen
Publisher: Djoef Pub
Caspar David Friedrich's painting on the cover of this book is a metaphor: Scholarly relations between law & religion seemed to be destroyed through modernity. The book however argues for new life in the ruins. Europeanized and globalized perspectives must be adopted to adjust existing Nordic models. However, central elements from the Nordic models can also be used for adjustment of other legal and religious systems. Also outside the Nordic countries could it be worth reflecting on the model of public religions combined with the secularity of law. Law indeed is law, and law is secular. But how come the Nordic secularized countries still have established churches, regulated by public law? Why is a vast majority of the population members of these churches? Why are other religious communities seen as entirely private law entities even though they are more or less public in their presence? And which impact do religious and secular norms claim on the law within and outside religious communities? Such puzzling---and challenging---questions are in focus of this book. Nordic interdisciplinary critical scholarship suggests new ways of interpreting and explaining relations between religious and secular norms and point to possible new routes to follow in the 21st century.
genders , but the court stressed the fact that all members of the family professed
Islamic religion . ... RELIGION We now proceed to an important feature of private law in a multicultural society , the renascence of religious laws . I would like to ...
In terms of religion's contribution to a liberal understanding of equality.Jeremy ...
wrote: As discussed above, judges in a bilingual, multiracial and multicultural society will undoubtedly approach the task of judging from their varied
Author: Barry W. Bussey
Publisher: Anthem Press
'The Status of Religion and the Public Benefit in Charity Law' is an apologetic for maintaining the presumption of public benefit for the charitable category ‘advancement of religion’ in democratic countries within the English common law tradition. In response to growing academic and political pressure to reform charity law – including recurring calls to remove tax exemptions granted to religious charities – the scholars in this volume analyse the implications of legislative and legal developments in Canada, the UK, Australia, New Zealand and South Africa. In the process, they also confront more fundamental, sociological or philosophical questions on the very nature and role of religion in a secular society that would deny any space for religious communities outside their houses of worship. In other words, this book is concerned with the place of religion – and religious institutions – in contemporary society. It represents a series of concerns about the proper role of the state in relation to the differing beliefs of citizens – some of which will quite rightly manifest in actions to benefit the wider society. This debate, then, naturally engages with broader issues related to secularism, civic engagement and liberal democratic freedoms.
The cultural and religious diversity of the population of England and Wales raises
important issues for family law. ... The difficult question facing multicultural societies is to what extent minority practices and beliefs, whether rooted in religion or ...
Author: Joanna Miles
Publisher: Oxford University Press, USA
Category: Domestic relations
Presented in an accessible format, this text provides a detailed and authoritative exposition of the law, illustrated by carefully selected materials and complemented by clear and engaging commentary drawing on a range of critical and theoretical perspectives.
To those with religious beliefs, the principles of good or bad behaviour come from
God. Others claim that there are ... principles should be ranked. But in an
increasingly multi-religious, multicultural society, this becomes increasingly
Author: Jonathan Herring
Publisher: Oxford University Press, USA
Medical Law and Ethics covers the core legal principles, key cases, and statutes that govern medical law alongside the key ethical debates and dilemmas that exist in the field. Carefully constructed features highlight these debates, drawing out the European angles, religious beliefs, and feminist perspectives which influence legal regulations. Other features such as 'a shock to the system', 'public opinion' and 'reality check' introduce further socio-legal discussion and contribute to the lively and engaging manner in which the subject is approached. Online resources This book is accompanied by the following online resources: - Complete bibliography and list of further reading - Links to the key cases mentioned in the book - A video from the author which introduces the book and sets the scene for your studies - Links to key sites with information on medical law and ethics - Answer guidance to one question per chapter
143 He responded that the monist image of law fails to take account of the reality
in multicultural societies that people ... and religious communities provide
foundational meaning in people's lives.144 He also emphasized that state law ...
Author: Brian Z. Tamanaha
Publisher: Oxford University Press, USA
Legal pluralism involves the coexistence of multiple forms of law. This includes state law, international law, transnational law, customary law, religious law, indigenous law, and the law of distinct ethnic or cultural communities. Legal pluralism is a subject of discussion today in legal anthropology, legal sociology, legal history, comparative law, international law, transnational law, jurisprudence, and law and development scholarship. This book places legal pluralism in historical context going back to the Medieval period, describes the origins of legal pluralism in postcolonial countries and its implications today, identifies manifestations of legal pluralism within Western societies, discusses contemporary transnational legal pluralism, identifies problems with current theoretical accounts of legal pluralism, and articulates an approach to legal pluralism that avoids theoretical problems and is useful for social scientists, theorists, and law and development scholars and practitioners.
The unwilling spouse ' s claim that the get law violates his free exercise rights ( a
reference in the US First Amendment ) is further refuted in ... First , it is
indisputable that we are a multicultural society , a people of different religions
and none .
Author: Richard O'Dair
Publisher: Oxford University Press on Demand
'Law and Religion' is a comprehensive treatment of an area that will stimulate and enlighten anyone interested in law and religion. Both common and civil law jurisdictions and a wide variety of cultural contexts are represented.
Many Muslims , for example , believe that if a practice is contrary to the Islamic religious law then the State has the right , through the civil law , to prohibit that
practice . In fact in many traditional , religiously based societies the distinction
that is ...
References and further reading British Humanist Association ( 1975 ) Objective ,
Fair and Balanced : a New Law for Religion in Education . London : BHA . Cole ,
W . O . ( 1978 ) Approaching someone else ' s beliefs - some criteria . In Cole , W
Towards multiculturalism If Europeans really want to live in multicultural societies
, a great number of steps remain to be taken . Equal opportunity , emancipation of
minority groups , anti - racist education are all necessary but not sufficient ...
In rejecting the applicability of the “ religious purpose ” exemption under the Act ,
the Tribunal , relying on expert evidence ... by the standards of " an open and just multicultural society , ” which allows for differences in views about religions .
Author: Casenote Legal BriefsPublish On: 2020-06-10
International Law females arises from principles of Islamic Shari'a, an
interpretation of Islam, that men are superior to, and the guardians of, women. ...
Some Muslim women and girls see the veil as connoting religious obligation and
cultural identity, whereas others view the veil as a ... See, Ellen Wiles,
Headscarves, Human Rights, and Harmonious Multicultural Society: Implications
of the French Ban for ...
Author: Casenote Legal Briefs
Publisher: Aspen Publishers
After your casebook, a Casenote Legal Brief is your most important reference source for the entire semester. The series is trusted for its expert summary of the principal cases in your casebook. Its proven reliability makes Casenote Legal Briefs the most popular case brief series available. With more than 100 titles keyed to the current editions of major casebooks, you know you can find the help you need. The brief for each case saves you time and helps you retain important issues. Each brief has a succinct statement of the rule of law/black letter law, description of the facts, and important points of the holding and decision. Quicknotes are short definitions of the legal terms used at the end of each brief. Use the Glossary in the end of your text to define common Latin legal terms. Such an overview, combined with case analysis, helps broaden your understanding and supports you in classroom discussion. Each title is keyed to the current edition of a specific casebook; it s your trusted guide to the text throughout the semester. The brief for each principal case in the casebook saves you time and helps you retain important issues. Each brief has a succinct statement of the rule of law/black letter law, description of the facts, important points of the holding and decision, and concurrences and dissents included in the casebook excerpt. This overview is combined with a short analysis: all to help you broaden your understanding and support you in classroom discussion. Quicknotes at end of each brief give you short definitions of the legal terms used. A handy Glossary of common Latin words and phrases is included in every Casenote. Detailed instruction on how to brief a case is provided for you. A free Quick Course Outline accompanies all Casenote Legal Briefs in these course areas: Civil Procedure, Constitutional Law, Contracts, Criminal Law, Criminal Procedure, Evidence, Property, and Torts.
288 Yale Journal of Law & the Humanities [ Vol . 6 : 285 while seemingly
reprehensible to us , reflects another person ' s deeply felt cultural or religious
conviction . As the story of Tina Isa suggests , contemporary dialogue about
identity and ...
Author: Gad Barzilai
This volume consists of nineteen previously-published articles written by leading international scholars on various aspects of religion and law. The volume looks at religion and law in the context of political power, covering different religions including Christianity, Islam and Judaism. It examines through a diversity of perspectives the law in religion and religion in law, enabling readers to gain multi-disciplinary insights into pressing contemporary issues.
the just society . And if the cornerstones of a just society , then so also the
cornerstones of a just world society . ... freedom of expression and freedom of
conscience and religion , culture and language within the law ; the right to
associate freely ...
Author: James Lynch
Publisher: Weidenfeld & Nicolson
This work is concerned with the educational implications of a cultural diversity and the role of schools and other educational institutions in combating prejudice. It proposes a multi-layered approach to education for democratic citizenship within a context of cultural pluralism.
I consider the term multicultural society to be misleading in the sense that a multicultural society suggests a multiplicity of ... Since for orthodox Islam , no
difference exists between the laws of the state and the laws of religion , life in a
Author: David S. Dockery
Publisher: Intervarsity Press
Assessing the status of evangelical theology at the turn of the century, a team of 26 scholars, including Alister E. McGrath, Clark Pinnock, Wolfhart Pannenberg and Stanley Grenz, honor Millard J. Erickson with this volume. Edited by David S. Dockery.
This religion in its development got a lot of ups and downs and was once not
acknowledged as one of the legal religions by the government of Indonesia (
Tanggok , 2000 ) . Confucianism follows the teachings of a prophet named
Author: Great Britain. Parliament. House of LordsPublish On: 2003
The issue of incitement to religious hatred needs to be specifically addressed in law . If that happened , concerns ... live in a multi - faith society . I have been
troubled in recent weeks by the debate about whether we are a multicultural society .