Ferrari - Routledge Handbook of Law and Religion

Routledge Handbook of Law and Religion

The field of law and religion studies has undergone a profound transformation over the last 30 years, looking beyond traditional relationships between State and religious communities to include rights of religious liberty and the role of religion in the public space.

This handbook features new, specially commissioned papers by a range of eminent scholars that offer a comprehensive overview of the field of law and religion. The book takes on an interdisciplinary approach, drawing from anthropology, sociology, theology and political science in order to explore how laws and court decisions concerning religion contribute to the shape of the public space.

Key themes within the book include:

religious symbols in the public space;

religion and security;

freedom of religion and cultural rights;

defamation and hate speech; and

gender, religion and law.

This advanced level reference work is essential reading for students, researchers and scholars of law and religion, as well as policy makers in the field.

Silvio Ferrari is professor of Law and Religion at the University of Milan. He is Life Honorary President of the International Consortium for Law and Religion Studies and is an Editor-in-Chief of the Oxford Journal of Law and Religion. He received the 2012 Distinguished Service Award from the International Center for Law and Religion Studies.

Few areas of contemporary legal scholarship have developed so exponentially in so short a space of time as the interface between law and religion. This outstanding Handbook not only synthesises and systematises that body of scholarship but firmly anchors it within those broader interdisciplinary frameworks which are essential to its understanding. Authored by an array of leading writers, it is a landmark contribution which authoritatively addresses a key topic of our times.

Malcolm D. Evans, Professor of Public International Law, University of Bristol

Routledge Handbook of Law and Religion

Edited by Silvio Ferrari

First published 2015

by Routledge

2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN

and by Routledge

711 Third Avenue, New York, NY 10017

Routledge is an imprint of the Taylor & Francis Group, an informa business

2015 Selection and editorial matter, Silvio Ferrari; individual chapters, the contributors

The right of Silvio Ferrari to be identified as editor of this work has been asserted by him in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

British Library Cataloguing in Publication Data

A catalogue record for this book is available from the British Library

Library of Congress Cataloging-in-Publication Data

Routledge handbook of law and religion / Edited by Silvio Ferrari.

pages cm

Includes bibliographical references and index.

ISBN 978-0-415-83642-5 (hbk : alk. paper)ISBN 978-0-203-69426-8 (ebk : alk. paper) 1. Religion and law. 2. Religion and state. 3. Church and state. 4. Freedom of religion. 5. Religious law and legislation. I. Ferrari, Silvio, editor. II. Title: Handbook of law and religion.

K3280.R68 2015

342.08'52dc23

2014037851

ISBN: 978-0-415-83642-5 (hbk)

ISBN: 978-0-203-69426-8 (ebk)

Typeset in Bembo

by RefineCatch Limited, Bungay, Suffolk

Contents

Silvio Ferrari

PART 1
Interdisciplinary perspectives on law and religion

Michael Welker

John Witte, Jr.

Martin Ramstedt

Effie Fokas

Peter W. Edge

PART 2
Freedom of religion or belief as a human right: critical reflections

Arif A. Jamal

Pamela Slotte

Prakash Shah

Frederick Mark Gedicks

Eva Brems and Lourdes Peroni

Marco Ventura

Nazila Ghanea

Javier Martnez-Torrn

John T.S. Madeley

PART 3
Law, religion, state and society

Rajeev Bhargava

Jane Mair

Myriam Hunter-Henin

Lucy Vickers

Niels Krgrd

Christian Byk

PART 4
Controversial issues

Ayelet Shachar

Nadirsyah Hosen

Hana M. A. E. van Ooijen

Abdullah Saeed

Jeroen Temperman

Tad Stahnke

Editors

Silvio Ferrari is Professor of Law and Religion, Canon Law at the University of Milan. He is Life Honorary President of the International Consortium for Law and Religion Studies and an Editor-in-Chief of the Oxford Journal of Law and Religion. He received the 2012 Distinguished Service Award from the International Center for Law and Religion Studies of the Brigham Young University, Provo, Utah.

Rossella Bottoni is a Researcher of History and Systems of ChurchState Relations, Faculty of Political and Social Sciences, Universit Cattolica del Sacro Cuore in Milan. In 2007 she was awarded the Arturo Carlo Jemolo Award for the best doctoral dissertation in the areas related to Canon Law, Ecclesiastical Law, History of Relations between Church and State and Comparative Law of Religions.

The editor and the publisher would like to thank W. Cole Durham, Jr., Marie-Claire Foblets, Hashim Kamali, and Olivier Roy for the valuable contribution they gave to the preparation of this book as members of the Advisory Board.

Contributors

Rajeev Bhargava is the Director of the Center for the Study of Developing Societies, Delhi.

Eva Brems is Professor of Public Law at Ghent University.

Christian Byk is a judge of the Court of Appeal of Paris and the secretary general of the International Association of Law, Ethics and Science.

Peter W. Edge is Professor of Law at the Oxford Brookes University.

Effie Fokas is a Research Fellow at the Hellenic Foundation for European and Foreign Policy (ELIAMEP).

Frederick Mark Gedicks is a professor of law at the J. Reuben Clark Law School at Brigham Young University, Provo, Utah.

Nazila Ghanea is University Lecturer in International Human Rights Law at the University of Oxford and a Fellow of Kellogg College.

Nadirsyah Hosen currently is a senior lecturer at the School of Law, University of Wollongong. In July 2015 he will commence a new position at Faculty of Law, Monash University, Australia.

Myriam Hunter-Henin is a Senior Lecturer in Private Law at University College London.

Arif A. Jamal is Assistant Professor of Law at the National University of Singapore.

Niels Krgrd is Professor at the Department of Food and Resource Economics, Section of Production, Markets and Politics, University of Copenhagen.

John T.S. Madeley is Departmental Tutor in the Department of Government at the London School of Economics and Political Science.

Jane Mair is Senior Lecturer at the Glasgow University School of Law.