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Much has been written on specific religious legal systems, yet substantial comparative studies that strive to compare systems, identifying their analogies and differences, have been relatively few. This absence undermines the capacity to understand religions and becomes particularly serious when the faithful of these religions live together in the same geographical space, as happens today with increasing frequency. Both interreligious dialogue and dialogue between States and religions presuppose a set of data and information that only comparative research can provide.
This book seeks to address this gap in the literature by presenting a comparative analysis of Christian, Jewish, Islamic and Hindu laws and traditions. Divided into five parts, the first part of the book offers the historical background for the legal analysis that is developed in the subsequent parts. Part II deals with the sources of law in the four religions under discussion. Part III addresses the dynamics of belonging and status, and Part IV looks at issues relating to the conclusion of marriage and its dissolution. The fifth and final part discusses how each religion views the legal other. Each part concludes with exploring what we can learn from a comparative examination of the topic that is dealt with in that part.
Written by leading experts in the field, this book presents a clear and comprehensive picture of key religious legal systems along with a substantial bibliography. It provides a state of the art overview of scholarship in this area accompanied by a critical evaluation. As such, it will be an invaluable resource for all those concerned with religious legal systems, multiculturalism and comparative law.
List of contents
Introduction. Religious Laws and Their Comparison. Theoretical and Methodological Issues; Section 1. History 1. The Jewish Tradition: A History 2. The Christian Tradition: A History 3. The Islamic Tradition: A History 4. The Hindu Tradition: A History 5. Comparative Remarks: A History of Religious Laws Section 2. Sources of Law 6. Jewish Law: The Sources 7. Christian Law: The Sources 8. Islamic Law: The Sources 9. Hindu Law: The Sources 10. Comparative Remarks: The Sources of Religious Laws Section 3. Dynamics of Belonging and Status 11. Jewish Law: Dynamics of Belonging and Status 12. Christian Law: Dynamics of Belonging and Status 13. Islamic Law: Dynamics of Belonging and Status 14. Hindu Law: Dynamics of Belonging and Status 15. Comparative Remarks: Religious Laws and Dynamics of Belonging and Status Section 4. Marriage 16. Jewish Law: Marriage 17. Christian Law: Marriage 18. Islamic Law: Marriage 19. Hindu Law: Marriage 20. Comparative Remarks: Religious Laws and Marriage Section 5. The Legal Other 21. Jewish Law Perspectives: The Legal Other 22. Christian Law Perspectives: The Legal Other 23. Islamic Law Perspectives: The Legal Other 24. Hindu Law Perspectives: The Legal Other 25. Comparative Remarks: Religious Laws and the Legal Other
About the author
Rossella Bottoni is a Researcher and an Adjunct Professor at the Catholic University of Milan, Italy. She has published extensively in both English and Italian on aspects relating to law and religion.
Silvio Ferrari is Professor of Law and Religion at the University of Milan, Italy. He has been Visiting Professor at the University of California, USA (1994 and 2001), the Institute for Advanced Legal Studies, London (1998–99), the Ecole Pratique des Hautes Etudes, Sorbonne, Paris (2004) and the CTI, Princeton (2014).
Summary
Written by leading experts in the field, this book presents a clear and comprehensive picture of key religious legal systems and provides a state of the art overview of scholarship in this area accompanied by a critical evaluation.
