Secular Reasons for Confessional Religious Education in Public Schools

Daedalus ◽  
2020 ◽  
Vol 149 (3) ◽  
pp. 119-134
Author(s):  
Winfried Löffler
Keyword(s):  
Public Schools ◽  
Religious Education ◽  
Rule Of Law ◽  
Religious Communities ◽  
Religious Groups ◽  
The Rule Of Law ◽  
Opting Out ◽  
Cultural Importance ◽  
The Stability ◽  
School Curricula

The cultural importance of religion and its ambiguous potential effects on the stability of liberal democracy and the rule of law recommend including information about religions in public school curricula. In certain contexts, there are even good secular reasons to have this done by teachers approved by the religious communities for their respective groups of pupils, as is being practiced in various European states (with a possibility of opting out, with ethics as a substitute subject in some schools). Is this practice compatible with the religious neutrality of states? An illustrative analysis shows how suitable criteria for the admission of religious groups to offering religious education can block the objection of undue preference. Like any solution in this field, it is not immune to theoretical and practical problems.

scholarly journals Presecular character of Montenegrin Law on Freedom of Religion in context of Fuller's demands for internal morality of law

2020 ◽  
pp. 7-26
Author(s):  
Vladimir Đurić ◽  
Vasilije Marković
Keyword(s):  
Social Context ◽  
Rule Of Law ◽  
Basic Principle ◽  
Legal Status ◽  
Religious Communities ◽  
Freedom Of Religion ◽  
The Rule Of Law ◽  
Material Sources ◽  
Internal Morality ◽  
The Law

The authors analyse the new Montenegrin Law on Freedom of Religion or Belief and the Legal Status of Religious Communities from two aspects: the aspect of the socio-political context of its adoption (material sources of law) and formal aspects of the provisions of the Law itself (formal source of law) in order to point out the serious imperfections of that Law. Regarding the first aspect, wider social context in Montenegro is analysed in comparison with European regulative principles of area of religious freedoms. As for the provisions of the Law itself, they are considered in the context of Fuller's theory of the internal morality of law and its 8 requirements that make law possible in order to examine in detail whether and to what extent the Law fulfils the principles of legality as a basic principle for realization of the rule of law. The conclusion of the analysis from both aspects is that the analysed Law is also full of imperfections and obviously incompatible with the values of the rule of law.

scholarly journals Perbedaan Sikap Keberagamaan Antara Masyarakat Islam dan Kristiani di Sumatera Utara dan Frankfurt Am Main Jerman

2015 ◽  
Vol 9 (1) ◽  
pp. 30 ◽  
Author(s):  
Irwansyah Irwansyah
Keyword(s):  
Rule Of Law ◽  
Religious Communities ◽  
Positive Relation ◽  
Frankfurt Am Main ◽  
The Rule Of Law ◽  
Religious Attitudes ◽  
Christian Communities ◽  
Majority Group ◽  
Adhesive Factor ◽  
Integrating Factors

<p>This article seeks to reveal differences of religious attitudes between Muslim and Christian communities in North Sumatera and Frankfurt Am Main Germany. This article shows that the relation between Muslims and Christians can be understood to have taken place in two categories, positive and negative. Positive relation can be attested through integrating factors between the two religious communities, while negative relation can be attested through separating factors. In North Sumatera there exist local wisdoms which serve as adhesive factors of Muslim-Christian relation, such as the concept of ‘marga” among Batakese society. Meanwhile, pig either as food or as pet is regarded as a dividing factor together with fanaticism and exclusivism. In Germany, as majority group the Christians are tolerant towards Muslims due to the rule of law in the country. This tolerance becomes an adhesive factor, while mutual suspicion among both Muslims and Christians is raeagrded as dividing factor.</p>

scholarly journals Commerce, Religion, and the Rule of Law

2018 ◽  
Vol 6 (2-3) ◽  
pp. 213-235
Author(s):  
Nathan B. Oman
Keyword(s):  
Social Interactions ◽  
Rule Of Law ◽  
The State ◽  
Social Identities ◽  
Religious Communities ◽  
Legal Rights ◽  
The Rule Of Law ◽  
Formal Rule ◽  
And Control

The rule of law and religion can act as commercial substitutes. Both can create the trust required for material prosperity. The rule of law simplifies social interactions, turning people into formal legal agents and generating a map of society that the state can observe and control, thus credibly committing to the enforcement of the legal rights demanded by impersonal markets. Religion, in contrast, embraces complex social identities. Within these communities, economic actors can monitor and sanction misbehavior. Both approaches have benefits and problems. The rule of law allows for trade among strangers, fostering peaceful pluralism. However, law breeds what Montesquieu called “a certain feeling for exact justice” that crowds out deeper forms of relation. Religious commerce fosters precisely such communities. Religious commerce, however, does not create bridges between strangers as effectively as the formal rule of law. Furthermore, the state tends to be suspicious of tight religious communities, particularly when they are commercially successful.

scholarly journals PEMBANGUNAN HUKUM DALAM RANGKA PENINGKATAN SUPREMASI HUKUM

2012 ◽  
Vol 1 (1) ◽  
pp. 1 ◽  
Author(s):  
Wicipto Setiadi
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Legal Culture ◽  
Harmonious Society ◽  
Integrated System ◽  
Legal Issues ◽  
The Rule Of Law ◽  
Current State ◽  
The Law ◽  
The Stability

<p>Konstitusi menyatakan bahwa negara Indonesia adalah negara hukum. Ketentuan tersebut mengandung makna bahwa hukum merupakan sesuatu yang supreme . Dengan supremasi hukum diharapkan lahir ketertiban ( order ) atau tata kehidupan masyarakat yang harmonis dan berkeadilan sehingga hukum dapat berperan dalam menjaga stabilitas negara. Dari empat belas tahun pasca reformasi Indonesia, pembangunan hukum menjadi salah satu agenda utama, namun Indonesia belum mampu keluar dari berbagai persoalan hukum, dan bahkan terjebak ke dalam ironi sebagai salah satu negara paling korup. Penelitian yang mengangkat permasalahan tentang kondisi penegakan hukum saat ini dilaksanakan dengan menggunakan metode kepustakaan. Dari hasil penelitian terlihat bahwa prestasi penegakan hukum mulai terlihat dalam beberapa tahun terakhir, meskipun masih juga terlihat beberapa masalah di berbagai sisi. Satu satu hal penting yang harus diperhatikan dalam pelaksanakan pembangunan hukum, yaitu hukum harus dipahami dan dikembangkan sebagai satu kesatuan sistem yang di dalamnya terdapat elemen kelembagaan, elemen materi hukum, dan elemen budaya hukum.</p><p>The Constitution declare that Indonesia is a state of law. Provision implies that the law is something that is supreme. With the rule of law is expected to appear order or a harmonious society and justice so that law can play a role in maintaining the stability of the country. Of the fourteen years of post-reform Indonesia, development of the law became one of the main agenda, but Indonesia has not been able to get out of a variety of legal issues, and even stuck to the irony as one of the most corrupt countries. The research raised issues about the current state of law enforcement is being carried out by using literature methods. From the research shows that achievement of law enforcement began to appear in recent years, although it is also seen some problems on the various sides. One of the important things that must be considered in implementing the construction of the law, the law must be understood and developed as an integrated system in which there is institutional elements, elements of legal substance, and legal culture elements.</p>

THE PROBLEM OF CORRELATION OF THE CONCEPTS «SOVEREIGNTY» AND «NATIONAL IDENTITY»: THEORETICAL AND PRACTICAL DIMENSION

2020 ◽  
Keyword(s):  
National Identity ◽  
Civil Society ◽  
Rule Of Law ◽  
Natural Community ◽  
Sovereign State ◽  
The Rule Of Law ◽  
Democratic State ◽  
Cultural Component ◽  
The Stability ◽  
The Individual

The position of close connection between the concepts of «national identity» and the concept of «sovereignty» is defended. Emphasis is placed on the fact that in Ukraine the issue of national identity is often related to its ethnic and cultural component. After all, the basis for the formation of national identity after the collapse of the USSR was ethnic identity, mainly due to the fact that in the days of the Soviet state there was no fully developed civil society. But since for a modern nation that integrates into the European community, the civic component of national identity is no less important than ethnic, the next step in its crystallization should be the «cultivation» of a mature civil society. It is articulated that the latter consists of sovereign, educated individuals on whom social (people's) sovereignty depends, which in democratic countries is essentially and procedurally provided by the rule of law and, ultimately, creates the subjectivity and sovereignty of the latter. It is noted that one of the important functions of a sovereign state is the ability to recreate its own national identity. And for a democratic state, it is important to provide everyone with the opportunity to make a conscious and free choice of his identity. After all, when there is a possibility of conscious choice, then a mature civil society is formed, ready to defend its own national identity, as the latter will be formed in its own coordinate system of citizens, rather than under duress, which is more typical of authoritarian and totalitarian states. Which, ultimately, will ensure the stability, subjectivity and sovereignty of the state at both the domestic and foreign policy levels. Emphasis is placed on the fact that the nation is a natural community, and the natural community does not have the ability to articulate the problem of the sovereignty of the individual, which is based on the concept of natural rights. The implementation of the latter can be ensured only by the rule of law under the influence of civil society. The implementation of the latter can be ensured only by the rule of law under the influence of civil society. Therefore, the modern national identity in Ukraine can be formed in the context of European traditions, if the full implementation of both ethnic and civic components.

THE CONDITIONS FOR THE FORMATION OF THE SYSTEM OF THE RULE OF LAW IN RUSSIA

2020 ◽  
pp. 204-210
Author(s):  
Nikita S. Grudinin
Keyword(s):  
Rule Of Law ◽  
Russian Federation ◽  
Separation Of Powers ◽  
The State ◽  
Social Progress ◽  
Public Authorities ◽  
The Rule Of Law ◽  
The Russian Federation ◽  
Constitutional System ◽  
The Stability

The article is devoted to the study of the conditions for the formation of a truly legal state in the Russian Federation. It is noted that the process of formation of the system of the rule of law requires signifi cant efforts both by the state and by society. It is also emphasised that the key conditions that can ensure the effective functioning of the rule of law in Russia are the respect of the provisions of the Constitution of 1993 by citizens and the willingness to comply with those provisions in cooperation with the state, the independence of the judiciary, the real and rational separation of powers, the functioning of legislative bodies in accordance with the interests of citizens of the Russian Federation. According to the author’s opinion, trust in the Constitution and its ability to ensure social progress in general is the basis for strengthening the legal statehood of the Russian Federation in the long term. The author concludes that the strength of the construction of legal statehood in Russia is based on the stability of the constitutional system and the supremacy of the Constitution of the Russian Federation, its ability to subordinate to its action all citizens of the country and offi cials of public authorities.

Schröder’s Dissolution of the Bundestag Approved

2006 ◽  
Vol 2 (1) ◽  
pp. 5-20 ◽  
Author(s):  
Ulrike Heckötter ◽  
Christoph Spielmann
Keyword(s):  
Rule Of Law ◽  
Political Crisis ◽  
Constitutional Court ◽  
German Government ◽  
The Rule Of Law ◽  
Judicial Control ◽  
Division Of Powers ◽  
German Constitutional Court ◽  
The Stability

Dissolution of the Bundestag by the Federal President on advice of Federal Chancellor — A ‘negative’ motion for a vote of confidence — Precedents of 1972 and 1982 — Dissolution in conformity with the constitution according to German constitutional court — The existence of a political crisis sine qua non for a dissolution to be constitutionally legitimate — Limited judicial control on decision to dissolve as set out in a 1983 ruling even further limited in the 2005 ruling — Effects of the exercised judicial self-restraint on constitutional division of powers — No proof for a decline of the rule of law or of acceptance of directly democratic elements — Strengthening of the powers of the Federal Chancellor sign of faith in the stability of the German government system.

scholarly journals Considerations regarding the sources of corruption

2020 ◽  
Vol XXIII (2) ◽  
pp. 270-277
Author(s):  
Nagat Violeta-Ioana
Keyword(s):  
Rule Of Law ◽  
Prevention And Control ◽  
Social Equity ◽  
Conflicts Of Interests ◽  
The Rule Of Law ◽  
State Institutions ◽  
Real Size ◽  
The Stability ◽  
And Control ◽  
Trigger Mechanisms

Corruption is a threat to democracy, the rule of law, social equity and justice, erodes the principles of efficient administration, undermines the market economy and endangers the stability of state institutions. Therefore, the fight against this phenomenon must be carried out by the legally authorized authorities, with the support of civil society, without any obstruction, so that no one is perceived as being above the law. In this context, the prevention of acts and facts of corruption, by monitoring conflicts of interests and incompatibilities, as well as by controlling the assets acquired illegally, must be the support of any strategy in this field. Adopting adequate measures to prevent the "corruption" phenomenon requires knowing its real size, its complexity, the trigger mechanisms and the consequences produced. The complexity and the continued diversification of the forms of manifestation of this phenomenon, together with the tendencies of globalization, require the design and elaboration of appropriate strategies, which scientifically and systematically approach the criminogenic sources and the effects of the crime and offer the effective tools for social prevention and control. The phenomenon of "corruption" is generated by ideologies, norms, individuals and groups with antisocial behavior, institutions and organizations.

scholarly journals The Social History of Law as a Factor of the Rule of Law

2021 ◽  
Vol 67 (2) ◽  
pp. 172-201
Author(s):  
Yury Fogelson ◽  
Dmitry Poldnikov
Keyword(s):  
Social History ◽  
Rule Of Law ◽  
Social Norm ◽  
Legal Systems ◽  
The Rule Of Law ◽  
The Social ◽  
History Of ◽  
The Law ◽  
The Stability ◽  
K 12

The rule of law, understood as ideology and legal rules, is believed to be a competitive advantage of Western civilization, supporting its sustainable development. Yet it can also be viewed as a social norm of citizens who respect the law and follow its commands. How does this social norm emerge in different societies? This question must be answered through the social history of the law in Western and non-Western societies from a comparative perspective. This paper outlines the main features of comparative socio-legal history and tests it on some significant historical examples. In the first part of the article, the authors propose a functional classification of legal systems into three ideal Weberian types-the law of judges, learned law, and the law of the authorities. It allows us to consider the origin of the social norm of the rule of law. In the second part of the article, the authors trace the transition from the ideal types to natural legal systems and identify the factors that determine the stability of the social norm of the rule of law where it originated. In the final part of the article, the authors conclude that, first, the social norm of the rule of law emerged in the societies where the law had been treated either as a means of resolving disputes (the law of judges) or as the rules of fair, correct conduct (learned law), for example, the Roman Republic, medieval England, continental Europe, and the Ottoman Empire. Secondly, the stability of the social norm of the rule of law seems to be explained by a "triangle" of factors, namely: 1) political competition where all participants understand the inevitability of compromise on the basis of the law, 2) law which is suitable for finding a compromise due to its internal merits, 3) a professional community of jurists who develop and apply law independently of the administration. Such a triangle is possible in any society where the law of judges or learned law prevails and where the majority of participants in the political process are ready to compromise based on the current law. / JEL Classification: K 10; K 11; K 12

Too Big to be Owned: Reflections on Jerusalem in Islamic History

2019 ◽  
Vol 53 (01) ◽  
pp. 20-33
Author(s):  
Suleiman A. Mourad
Keyword(s):  
Rule Of Law ◽  
Historical Memory ◽  
Seventh Century ◽  
Religious Communities ◽  
Direct Control ◽  
Sacred Sites ◽  
Islamic History ◽  
The Rule Of Law ◽  
Sacred Spaces ◽  
The City

AbstractMuslims have venerated Jerusalem since the seventh century. Their direct control of the city began in 638 and lasted, except for a few interruptions, until 1917. When we examine the evolution of an official Muslim attitude towards Jerusalem, it becomes clear that they perceived their role not as owners of the city but rather as custodians. This attitude was informed by the realization that Jerusalem was sacred to Muslims, Christians, and Jews alike, and that all three religious communities share many of the same sacred sites. As such, statesmanship and law obliged Muslim rulers to protect and defend Christian and Jewish sacred spaces, even against occasional Muslim mob behavior that called for the destruction, confiscation, or exclusive use of those places. The Trump administration's decision in 2017 to enact the 1995 decision of the U.S. Congress to move the American embassy to Jerusalem stands as a violation of this historical framework and of the rule of law and sanctions the eradication of Palestinian identity and historical memory.

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