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This book is devoted to the studyof the interplaybetween religious rules and State law. It exploreshow State recognition of religious rules can affect the degree of legaldiversity that is available to citizens and why such recognition sometimeresults in more individual and collective freedom and sometime in a threat toequality of citizens before the law. The first part of the bookcontains a few contributions that place this discussion within the wider debateon legal pluralism. While Statelaw and religious rules are two normative systems among many others, thespecific characteristics of the latter are at the heart of tensions that emergewith increasing frequency in many countries. Thesecond part is devoted to the analysis of about twenty national cases thatprovide an overview of the different tools and strategies that are employed tomanage the relationship between State law and religious rules all over theworld.
List of contents
Religious Rules and Legal Pluralism - An Introduction; Silvio Ferrari.- State Norms, Religious Norms, and Claims of Plural Normativity underDemocratic Constitutions; Michele Graziadei.- Anthropological Perspectives on the Normative and InstitutionalRecognition of Religion by the Law of the State; Martin Ramstedt.- Legal Pluralism: Freedom of Religion, Exemptions and Equality ofCitizens; Bryan S. Turner.- Applicable Religious Rules According to Austrian Law; WolfgangWieshaider.- Religious Rules and Principles in Belgian Law; Louis-Léon Christiansand Adriaan Overbeeke.- The Relation between Religion and State in Brazilian Law; Jane ReisGonçalves Pereira.- The Colombian Legal System: Applicable Religious Rules; Vicente Prieto.- Estonia: Religious Rules and State Law; Merilin Kiviorg.- La France Face À Ses Religions; Jacques Robert.- The Interplay between State Law and Religious Law in Germany; InoAugsberg and Stefan Korioth.- Borders of Religious Authonomy in Hungary; Balázs Schanda.- Application of Religious Law in A Multi-Religion Nation State. TheIsraeli Model; Asher Maoz.- Modifications Et Contradictions De La Réalité Socioreligieuse EnItalie. Profiles Juridiques Et Sociales; Roberto Mazzola.- Legal Pluralism and Conflicts in Malaysia: The Challenge of EmbracingDiversity; Nurjaanah Chew Li Hua.- The Status and Implementation of Islamic Law in Malaysia; Mohamed AzamMohamed Adil - Nisar Mohammad Ahmad.- Religious Rules and the Law of the Dutch State; Sophie van Bijsterveld.- Portugal. Religious Rules and State Law; Paulo Adragão - Anabela Leão.- L'application Des Règles Religieuses Dans Le Système Juridique DuQuébec; Jabeur Fathally.- Managing Religion through "Religious Harmony": The Case of Singapore; ArifA. Jamal.- Religion and the Constitutional Experience of South Africa; PieterCoertzen.- Striking the Balance between Religious Rules and StateLaw: Spain; JavierMartínez-Torrón.- Religion and Law in the UK - An English Perspective On ApplicableReligious Rules According To The Law Of The State; Søren Holm and Javier GarcíaOliva.- Conclusion: In Pursuit of Pluralism; Russell Sandberg.- Appendix.
Summary
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.
