Border Disputes: Religious Adjudication Along the Private/Public Divide

2021 ◽  
Vol 15 (2) ◽  
pp. 287-312
Author(s):  
Ori Aronson
Keyword(s):  
Effective Means ◽  
Religious Community ◽  
Religious Communities ◽  
The Public ◽  
Constitutional Order ◽  
The Past ◽  
Liberal Democratic ◽  
Community Justice ◽  
The Supreme Court ◽  
Collaborative Negotiation

Abstract The article uses Israel’s volatile jurisdictional dynamics of the past two decades concerning access to religious community justice, as a telling case for examining the way legal pluralism is deployed along the public–private divide. The Israeli case exhibits a complex combination of an ostensibly liberal democratic regime, a commitment to a particularistic ethno-national political project, structural entanglements of state and religion against the backdrop of an unsettled constitutional order, and an historically diffuse mode of often-illiberal normative ordering within its diverse religious communities. All this provides a rich backdrop for various strategies by communal and institutional elites seeking to consolidate power, legitimacy, and authenticity in their often mutually-reliant jurisdictional projects. The article explores several salient episodes from Israel’s religious jurisdiction dynamics, focusing for purposes of analytical clarity on the case of Jewish orthodox legality. The analysis uncovers the main strategies stakeholders resort to, and shows how agency flows in different ways, with the choices of each player affecting the possibilities of the others. The institution at the arguable top of the system—the Supreme Court—is shown to be often devoid of effective means of elucidating, let along imposing, a coherent vision for a fragmented jurisdictional field. Conceptually, the judicial forum is revealed as the locus of an ongoing, uneasy engagement among normative imaginaries in a sometimes-competitive, sometimes-collaborative negotiation over coherence, tolerance, authority, and legitimacy.

scholarly journals PENGEMBANGAN POLA PEMBELAJARAN AGAMA BERBASIS HUMANIS DI MADRASAH

MADRASAH ◽  
2012 ◽  
Vol 1 (1) ◽  
Author(s):  
Sulalah Sulalah
Keyword(s):  
Religious Community ◽  
Analytic Study ◽  
Religious Communities ◽  
Mutual Respect ◽  
The Past

Members of a religious community have naturally strereotypical opinion about those of religious communities. It is a universal thing in the interaction amongst religions of the education people, with complexity gap from the past up to now not yet filled by strategic concepts in an attempt to buil, mutual respect, harmony, and human ringh. Through his analytic study, the writer highlights` the needs for the govermments to strengthen the religious followers integration through the programs of the humanity education in Indonesia. <br />Keyword: Religious Community, Humanism, Teaching <br /><br />

scholarly journals Solidaritas umat beragama dalam melestarikan kegiatan Belimbur pada Upacara Erau adat Kutai Kartanegara

2021 ◽  
Vol 1 (3) ◽  
pp. 379-387
Author(s):  
Putri Ayu Ananda ◽  
Ahmad Arif Widianto
Keyword(s):  
River Water ◽  
Religious Community ◽  
Social Solidarity ◽  
Religious Communities ◽  
Emile Durkheim ◽  
The Public ◽  
Traditional Leader

The Erau ceremony is one of the traditional Kutai Kartanegara ceremonies that are sacred and highly respected by the Tenggarong people. In the Erau Ceremony, there are various processes and activities in it, from establishing ayu to Belimbur. Belimbur is an activity that implies purifying oneself by watering fellow communities using mahakam river water. This study focuses on the attitudes of the Tenggarong community in dealing with a group of people who do not follow the rules during Belimbur as well as the ways of the community in preserving Belimbur activities. Because it makes people restless and afraid to take part in Belimbur events. With the aim of informing the public about the involvement of a religion and tradition which will then form a religious harmony in maintaining the Belimbur tradition in the Erau ceremony. The method used in this research is qualitative to explain the process of Belimbur activities, the form of commotion and the solidarity of the religious community in preserving Belimbur activities studied with Emile Durkheim's solidarity theory. This social solidarity which is formed in the community of religious communities in preserving the activities of Belimbur is fulfilled by the element of belief and understanding of the meaning contained in Belimbur activities and the purpose of carrying out Belimbur. Here the Sultan or Prince Mahkota as a charismatic traditional leader certainly has rules that need to be followed by his community. Upacara Erau adalah salah satu upacara adat Kutai Kartanegara yang sakral dan sangat dihormati oleh masyarakat Tenggarong. Dalam Upacara Erau terdapat rangakain proses dan kegiatan didalamnya mulai dari mendirikan ayu hingga Belimbur. Belimbur adalah salah satu kegiatan yang mengandung makna mensucikan diri dengan menyiram sesama masyarakat dengan menggunakan air sungai mahakam. Penelitian ini berfokus pada sikap masyarakat Tenggarong dalam mengghadapi sekelompok oknum yang tidak mengikuti aturan saat Belimbur serta cara masyarakat dalam melestarikan kegiatan Belimbur. Karena membuat masyarakat resah dan takut untuk mengikuti acara Belimbur. Dengan tujuan menginformasikan kepada masyaraat tentang keterlibatan sebuah agama dan tradisi yang kemudian akan membentuk sebuah kerukunan umat beragama dalam menjaga tradisi Belimbur dalam upacara Erau. Metode yang digunakan dalam penelitian ini adalah kualitatif untuk menjelaskan tentang proses kegiatan Belimbur, betuk keributan serta solidaritas masyarakat umat beragama dalam melestarikan kegiatan Belimbur yang dikaji dengan teori solidaritas Emile Durkheim. Solidaritas sosial ini yang terebtuk pada masyarakat umat beragama dalam melestarikan kegaiatan Belimbur dipenagurhi oleh adanya unsur kepecayaan dan paham mengenai makna yang terkandung dalam kegitan Belimbur dan tujuan dari di laksanakannya Belimbur. Disini Sultan atau Putera Mahkota sebagai pemimpin adat yang berkharisma tentu memiliki aturan-aturan yang perlu dikuti oleh mayarakatnya.

scholarly journals Bayram sofra in Belgrade - a contribution to the interreligious dialogue and visibility of minority religious communities

2021 ◽  
Vol 69 (1) ◽  
pp. 19-46
Author(s):  
Aleksandra Djuric-Milovanovic ◽  
Jadranka Djordjevic-Crnobrnja
Keyword(s):  
Public Space ◽  
Interreligious Dialogue ◽  
Religious Community ◽  
Religious Communities ◽  
Religious Minority ◽  
Theoretical Concepts ◽  
The Public ◽  
The Social ◽  
Context Of Learning ◽  
Religious Festival

The paper focuses on the celebration of Ramadan Bayram and the organization of the feast Bayram sofra in Belgrade. The Islamic Community of Serbia and the Cultural Society of Muslims in Serbia - ?Gajret?, have been organizing the Bayram sofra since 2009 as the celebration which symbolizes the end of the Ramadan fasting. The celebration is held in the public space in front of the Bajrakli mosque in Belgrade. Since it is organized as part of the celebration of Ramadan Bayram, its meaning can be observed and analyzed in a religious, but also in a broader social context. In this paper, we observe the Bayram sofra in the context of learning about Islam, as the minority religious community, but also as an event which initiates interreligious dialogue at several different levels. Thus, we focus on identifying the elements of dialogue between the Islamic community and other religious communities, as well as the citizens of Belgrade, relying on some theoretical concepts of interreligious dialogue. The ethnographic research of the Bayram sofra started in 2020 with the main focus on the social and religious elements of Ramadan Bayram and the role of this religious festival in enhancing the visibility of this religious minority in Serbia.

scholarly journals Interreligiösa gruppers samarbete med kommuner i Sverige

Politik ◽  
2014 ◽  
Vol 17 (4) ◽  
Author(s):  
Magdalena Nordin
Keyword(s):  
Religious Community ◽  
Economic Resources ◽  
Religious Communities ◽  
Contemporary Society ◽  
Religious Groups ◽  
Local Authorities ◽  
The Public ◽  
Religious Plurality ◽  
Secular Society ◽  
The Public Sphere

In Swedish contemporary society we nd ongoing processes of secularization and the idea of secularism be- ing challenged by a growing religious plurality in society. e overall purpose of this article is to highlight what happens when religion in a secularized and secular society enter into the public sphere as a result of inter-religious groups’ collaboration with local authorities. is is done through interviews and observations of three inter-religious groups meetings during 2010 and 2011. e collaboration between the inter-religious groups and the local authorities were initiated as a result of perceived problems of integration in the society and aims to include religious communities in society which may change the ongoing processes of seculariza- tion. One of the major problems with the collaborations was related to which religious community could be included by reasons of economic resources, access to personnel and premises and the acceptance and establishment in society. 

scholarly journals The Return of Federalism and Constitutional Politics: Analyzing the Role of the Supreme Court as an Arbiter in Contemporary Political Society

Federalism-E ◽  
1969 ◽  
Vol 14 (1) ◽  
pp. 5-20
Author(s):  
Marjun Parcasio
Keyword(s):  
Supreme Court ◽  
The Political ◽  
Political Society ◽  
Constitutional Politics ◽  
Constitutional Order ◽  
The Past ◽  
Division Of Powers ◽  
The Supreme Court ◽  
Death Experience

Since the ascendancy of the Charter of Rights and Freedoms as the centrepiece of a new constitutional order in Canada, there has been a distinctive decline of federal discourse in the courts and within the political sphere. Traditional cases pertaining to the division of powers at the Supreme Court have been eclipsed by the novelty of rights jurisprudence that has consumed the court in the past three decades1. Moreover, constitutional issues have been considered an anathema since the failure of the negotiations at Meech Lake and Charlottetown, exacerbated by the near-death experience for federalism in the 1995 referendum in Québec. In recent years, however, the changing nature of Canada’s political dynamics has signalled a return of federalism and constitutional politics [...]

Judicial Legitimacy, Political Polarization, and How the Public Views the Supreme Court

2021 ◽  
Author(s):  
Michael Zilis ◽  
Rachael Blandau
Keyword(s):  
Public Opinion ◽  
Supreme Court ◽  
Political Polarization ◽  
Institutional Legitimacy ◽  
The Public ◽  
Liberal Democratic ◽  
The Supreme Court ◽  
Recent Developments ◽  
Diffuse Support ◽  
Public Views

As of late 2020, the makeup of the U.S. Supreme Court consists of six generally conservative Republican appointees and three generally liberal Democratic appointees, one of the first times such a configuration has occurred in decades. In addition, contentious recent confirmation battles may have fundamentally altered public views about the Supreme Court. When it comes to public opinion about the Supreme Court, understanding the institution’s legitimacy and its relationship with political polarization is critical. Institutional legitimacy is a key currency for political bodies—and courts in particular—even as scholarly conceptions of legitimacy differ from popular commentary on the topic. To understand the nature of public opinion toward the Court in a polarized era, one must distinguish between specific support, a type of short-term satisfaction or approval, and diffuse support, commonly known as institutional legitimacy. Recent developments, including controversial confirmation battles and rulings, suggest that partisan and ideological cleavages may increasingly shape the Court’s legitimacy. Scholarship must continue to grapple with Supreme Court legitimacy in a time of political polarization.

scholarly journals The Italian document: decisions for intensive care when there is an imbalance between care needs and resources during the COVID-19 pandemic

2021 ◽  
Vol 11 (1) ◽  
Author(s):  
Luigi Riccioni ◽  
Francesca Ingravallo ◽  
Giacomo Grasselli ◽  
Davide Mazzon ◽  
Emiliano Cingolani ◽  
...  
Keyword(s):  
Intensive Care ◽  
Healthcare Providers ◽  
Religious Community ◽  
Italian Society ◽  
Public Consultation ◽  
Religious Communities ◽  
National Guidelines ◽  
Care Needs ◽  
The Public ◽  
Definition Of

Abstract Background In early 2020, the Italian Society of Anesthesia Analgesia Resuscitation and Intensive Care (SIAARTI) published clinical ethics recommendations for the allocation of intensive care during COVID-19 pandemic emergency. Later the Italian National Institute of Health (ISS) invited SIAARTI and the Italian Society of Legal and Insurance Medicine to prepare a draft document for the definition of triage criteria for intensive care during the emergency, to be implemented in case of complete saturation of care resources. Methods Following formal methods, including two Delphi rounds, a multidisciplinary group with expertise in intensive care, legal medicine and law developed 12 statements addressing: (1) principles and responsibilities; (2) triage; (3) previously expressed wishes; (4) reassessment and shifting to palliative care; (5) collegiality and transparency of decisions. The draft of the statements, with their explanatory comments, underwent a public consultation opened to Italian scientific or technical-professional societies and other stakeholders (i.e., associations of citizens, patients and caregivers; religious communities; industry; public institutions; universities and research institutes). Individual healthcare providers, lay people, or other associations could address their comments by e-mail. Results Eight stakeholders (including scientific societies, ethics organizations, and a religious community), and 8 individuals (including medical experts, ethicists and an association) participated to the public consultation. The stakeholders’ agreement with statements was on average very high (ranging from 4.1 to 4.9, on a scale from 1—full disagreement to 5—full agreement). The 4 statements concerning triage stated that in case of saturation of care resources, the intensive care triage had to be oriented to ensuring life-sustaining treatments to as many patients as possible who could benefit from them. The decision should follow full assessment of each patient, taking into account comorbidities, previous functional status and frailty, current clinical condition, likely impact of intensive treatment, and the patient's wishes. Age should be considered as part of the global assessment of the patient. Conclusions Lacking national guidelines, the document is the reference standard for healthcare professionals in case of imbalance between care needs and available resources during a COVID-19 pandemic in Italy, and a point of reference for the medico-legal assessment in cases of dispute.

Imagined Religious Communities? Ancient History and the Modern Search for a Hindu Identity

1989 ◽  
Vol 23 (2) ◽  
pp. 209-231 ◽  
Author(s):  
Romila Thapar
Keyword(s):  
Religious Identity ◽  
Political Ideology ◽  
Political Action ◽  
Religious Community ◽  
Religious Communities ◽  
Indian Society ◽  
Post Colonial ◽  
The Past ◽  
Political Ideologies ◽  
Colonial Experience

My choice of subject for this lecture arose from what I think might have been a matter of some interest to Kingsley Martin; as also from my own concern that the interplay between the past and contemporary times requires a continuing dialogue between historians working on these periods. Such a dialogue is perhaps more pertinent to post-colonial societies where the colonial experience changed the framework of the comprehension of the past from what had existed earlier: a disjuncture which is of more than mere historiographical interest. And where political ideologies appropriate this comprehension and seek justification from the pre-colonial past, there, the historian's comment on this process is called for. Among the more visible strands in the political ideology of contemporary India is the growth and acceptance of what are called communal ideologies. ‘Communal’, as many in this audience are aware, in the Indian context has a specific meaning and primarily perceives Indian society as constituted of a number of religious communities. Communalism in the Indian sense therefore is a consciousness which draws on a supposed religious identity and uses this as the basis for an ideology. It then demands political allegiance to a religious community and supports a programme of political action designed to further the interests of that religious community. Such an ideology is of recent origin but uses history to justify the notion that the community (as defined in recent history) and therefore the communal identity have existed since the early past.

Part V Rights and Freedoms, B Rights and Freedoms under the Charter, Ch.36 Freedom of Religion

2017 ◽  
Author(s):  
Berger Benjamin L
Keyword(s):  
Supreme Court ◽  
Constitutional Law ◽  
Freedom Of Religion ◽  
Individual Rights ◽  
Constitutional History ◽  
The Public ◽  
Constitutional Order ◽  
State Neutrality ◽  
The Supreme Court

This chapter examines freedom of religion in the Canadian Constitution. After locating the modern protection of freedom of religion within Canadian constitutional history, the chapter explores the Supreme Court of Canada’s interpretation of that right, drawing particular attention to how constitutional law defines and understands religion itself. The chapter then turns to three themes that have emerged as central in the freedom of religion jurisprudence, but that also reflect broader issues within Canadian constitutionalism: the instability of the public/private divide as a means of analysing constitutional problems, the tension between individual rights and regard for collective and community interests, and the paradoxes involved in the aspiration for state neutrality. Ultimately, the chapter argues that freedom of religion offers a unique avenue into understanding the deeper themes, tensions, ideologies, and politics at work in the Canadian state, as well as the history and logic of its constitutional order.

Ham Hindū Nahīn: Arya Sikh Relations, 1877–1905

1973 ◽  
Vol 32 (3) ◽  
pp. 457-475 ◽  
Author(s):  
Kenneth W. Jones
Keyword(s):  
Religious Tradition ◽  
Religious Community ◽  
Religious Conflict ◽  
Religious Communities ◽  
Late Nineteenth Century ◽  
Group Consciousness ◽  
Minority Communities ◽  
British Raj ◽  
The Past ◽  
New Vision

South Asian scholars have long viewed communal competition in terms of majority-minority struggle, of Hindu versus Muslim, leading to the final partition of the British Raj into two antagonistic states. Punjab history offers a dramatic case of religious competitiveness between two minority communities, concerned more with their own sense of identity than with questions of power and dominance. Attempts among Punjabi Hindus to create a new, modernized and respectable religious tradition could not be contained within their community but inevitably altered existing relations with all other religions in Punjab, Muslim, Sikh, and Christian. As newly anglicized elites came into existence, they provided a growing class of alienated and marginal men. Unable to relate to the orthodox world around them, they sought to redefine that world, and in so doing created new ideological systems encompassing a reinterpretation of the past and present, plus a new vision of the future. Elaboration, defense, and dissemination of these ideologies produced both group consciousness and a heightened awareness of separation, of distance between those who accepted the new beliefs and all others. This process of identity reformation created in late nineteenth century Punjab a period of intense dynamism, of ideological and religious conflict amidst an increasingly polemical atmosphere, as each group within a given religious community, Hindu, Sikh, or Muslim, sought to project its own concepts and in the process struggled with others within their own community and beyond. This process of questioning, and its resultant answers permanently altered relations among Punjabi religious communities and, at a more fundamental level, the conceptualizations undergirding many of the groups within them.

Sign in / Sign up

Export Citation Format

Share Document