Religious liberty in Western and Islamic law : toward a world legal tradition

著者

    • Kalanges, Kristine

書誌事項

Religious liberty in Western and Islamic law : toward a world legal tradition

Kristine Kalanges

Oxford University Press, c2012

  • : hardback

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注記

Includes index

内容説明・目次

内容説明

In Religious Liberty in Western and Islamic Law: Toward a World Legal Tradition, Kristine Kalanges argues that differences between Western and Islamic legal formulations of religious freedom are attributable, in substantial part, to variations in their respective religious and intellectual histories. Kalanges suggests that while divergence between the two bodies of law challenges the characterization of religious liberty as a universal human right, the "dilemma of religious freedom" - the difficult choice between the universality of religious liberty rights and peaceful co-existence of diverse legal cultures - may yet be transformed through the cultivation of a world legal tradition. This argument is advanced through comparative analysis of human rights instruments from the Western and Muslim worlds, with attention to the legal-political processes by which religious and philosophical ideas have been institutionalized.

目次

  • 1 - Introduction
  • 2 - Theological and Philosophical Origins of Religious Liberty in the U.S. Constitution
  • 3 - Religious Liberty in International Human Rights Law
  • 4 - Religious Liberty and Shari'a
  • 5 - Between Religion and Law: Politics as an Intervening Variable
  • 6 - Religious Liberty in Islamic International Law
  • 7 - Conclusion: Toward a World Legal Tradition

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