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El. knyga: Law and Religion in Europe: A Comparative Introduction [Oxford Scholarship Online E-books]

(Professor of Law and Director, Centre for Law and Religion, Law School, Cardiff University)
  • Formatas: 336 pages
  • Išleidimo metai: 04-Aug-2011
  • Leidėjas: Oxford University Press
  • ISBN-13: 9780199604005
  • Oxford Scholarship Online E-books
  • Kaina nežinoma
  • Formatas: 336 pages
  • Išleidimo metai: 04-Aug-2011
  • Leidėjas: Oxford University Press
  • ISBN-13: 9780199604005
Each state in Europe has its own national laws which affect religion and these are increasingly the subject of political and academic debate. This book provides a detailed comparative introduction to these laws with particular reference to the states of the European Union. A comparison of national laws on religion reveals profound similarities between them. From these emerge principles of law on religion common to the states of Europe and the book articulates these for the first time. It examines the constitutional postures of states towards religion, religious freedom, and discrimination, and the legal position, autonomy, and ministers of religious organizations. It also examines the protection of doctrine and worship, the property and finances of religion, religion, education, and public institutions, and religion, marriage, and children, as well as the fundamentals of the emergent European Union law on religion.

The existence of these principles challenges the standard view in modern scholarship that there is little commonality in the legal postures of European states towards religion - it reveals that the dominant juridical model in Europe is that of cooperation between State and religion. The book also analyses national laws in the context of international laws on religion, particularly the European Convention on Human Rights. It proposes that national laws go further than these in their treatment and protection of religion, and that the principles of religion law common to the states of Europe may themselves represent a blueprint for the development of international norms in this field. The book provides a wealth of legal materials for scholars and students. The principles articulated in it also enable greater dialogue between law and disciplines beyond law, such as the sociology of religion, about the role of religion in Europe today. The book also identifies areas for further research in this regard, pointing the direction for future study.
List of Abbreviations
xi
Table of Cases
xvi
Introduction 1(13)
1 The Scope, Sources, and Systems of Religion Law
14(26)
The sources of religion law
14(6)
Legal definitions of religion
20(8)
The systems of religion law: state postures
28(11)
Conclusion
39(1)
2 Religious Freedom and the Individual
40(24)
The scope and importance of religious freedom
40(4)
The right to freedom of religious belief
44(5)
The right to manifest religion
49(7)
Limitations on the right to manifest religion
56(7)
Conclusion
63(1)
3 Religious Discrimination and Hatred
64(24)
Religious discrimination in civil law
65(13)
Crimes against the person motivated by religion
78(9)
Conclusion
87(1)
4 The Legal Position of Religious Organizations
88(26)
The right of religious association
88(4)
Legal categories of religious organizations
92(6)
The conferral of legal personality
98(10)
The exercise of legal personality
108(4)
Conclusion
112(2)
5 The Autonomy and Ministers of Religious Organizations
114(25)
The principle of autonomy
114(9)
Institutional autonomy
123(11)
Autonomy and confidentiality
134(3)
Conclusion
137(2)
6 The Protection of Doctrine and Worship
139(25)
Crimes against religious belief and doctrine
140(10)
Crimes against religious worship
150(7)
The portrayal of religion in the media
157(5)
Conclusion
162(2)
7 The Property and Finances of Religion
164(24)
The property of religious organizations
164(11)
Financial support for religion
175(11)
Conclusion
186(2)
8 Religion, Education, and Public Institutions
188(26)
Religion and education in state schools
189(10)
Faith and other religious ethos schools
199(4)
Religion in prisons, hospitals, and the armed forces
203(9)
Conclusion
212(2)
9 Religion and the Family: Marriage and Children
214(23)
Religion and marriage
215(11)
Religion and children
226(9)
Conclusion
235(2)
10 The Religion Law of the European Union
237(26)
The value of religion
238(3)
Subsidiarity in religious matters
241(3)
Religious freedom
244(2)
Religious equality and discrimination
246(2)
The autonomy of religious associations
248(3)
Cooperation with religion
251(3)
The special protection of religion
254(3)
Conclusion
257(2)
General Conclusion
259(4)
Appendix: The Principles of Religion Law Common to the States of Europe 263(2)
Select Bibliography 265(12)
Index 277
Norman Doe is a Professor of Law and Director of the Centre for Law and Religion at the Law School, Cardiff University, and course director of the LLM in Canon Law there. He studied law at Cardiff, for his doctorate at Cambridge, and theology at Oxford, and is a barrister. His publications include Fundamental Authority in Late Medieval English Law (CUP, 1990), The Legal Framework of the Church of England (OUP, 1996) and Canon Law in the Anglican Communion (OUP, 1998). He has acted as a consultant in canon law to the Anglican Communion, is a founding member of the Colloquium of Anglican and Roman Catholic Canon Lawyers, and served as President of the European Consortium for Church and State Research (2010). He was a visiting fellow at Trinity College Oxford for a term in 2011 and teaches each year as an associate professor at the University of Paris.