scholarly journals Key Theoretical Issues in the Interaction of Law and Religion: A Guide for the Perplexed

2012 ◽  
Vol 19 (1, 2 & 3) ◽  
pp. 2011
Author(s):  
Benjamin L. Berger

There is perhaps no more important access point into the key issues of modern political and legal theory than the questions raised by the interaction of law and religion in contemporary constitutional democracies. Of course, much classical political and moral theory was forged on the issue of the relationship between religious difference and state authority. John Locke’s work was directly influenced by this issue, writing as he did about the just configuration of state authority and moral difference in the wake of the Thirty Years’ War. Yet debates about the appropriate role of religion in public life and the challenges posed by religious difference also cut an important figure, in a variety of ways, in the writings of Hobbes, Rousseau, Spinoza, Hegel, and much of the work that we now view as being at the centre of the development of modern political philosophy.

Author(s):  
Scott Hibbard

This chapter examines the relationship between religion, nationalism, and the state and advocates a truly neutral conception of secularism. The point of departure is an analysis of the recurring debate over the proper role of religion in public life. Particular attention is given to the relationship between religion and nationalism, the secularization thesis, and the reasons religion remains an important part of modern politics. The chapter then turns toward the “politics of secularism,” and the tension between liberal (or ecumenical) secularism in theory and its practice. At issue is whether the secular tradition is invariably exclusive, or whether secularism as implemented has simply failed to live up to its ecumenical promise. The closing section examines this question in light of the justpeace tradition, and offers an endorsement for a re-conceptualized vision of secularism that is genuinely defined by neutrality in matters of religion and belief.


Author(s):  
Leana A. Bouffard ◽  
Haerim Jin

This chapter provides an overview of the literature examining the role of religion and military service in the desistance process. It also identifies outstanding issues and directions for future research. It first presents an overview of research examining the role of religion in desistance and highlights measurement issues, potential intervening mechanisms, and a consideration of faith-based programs as criminal justice policy. Next, this chapter covers the relationship between military service and offending patterns, including period effects that explain variation in the relationship, selection effects, and the incorporation of military factors in criminal justice policy and programming. The chapter concludes by highlighting general conclusions from these two bodies of research and questions to be considered in future research.


Author(s):  
Jesse Spohnholz

This chapter evaluates the role of religious exile in the development of confessional Calvinism during the Reformation era. Historians once put considerable emphasis on the widespread experience of exile in encouraging the development of a well-defined international Calvinist movement. This chapter reconsiders this framework from the perspective of theology, ecclesiology, liturgy, discipline, and the relationship to state authority. Drawing on recent research, it argues that, rather than encouraging confessional consolidation, exile was a deeply destabilizing force that helps explain why Reformed Protestantism never developed a unified institutional structure, liturgical practice, or statement of belief.


ALQALAM ◽  
2019 ◽  
Vol 28 (2) ◽  
pp. 365
Author(s):  
M.A. TIHAMI

This article tries to discuss the function and the role of religion and magic for kyai ('ulama') and Jawara (local strongmen) in Pasanggrahan, Pabuaran, Serang Banten where this research was conducted. It also tries to describe the meaning and functions of religion and magic for Pasanggrahan society. In this village, kyai, who obtain legitimation from religion (Islam) by his authority to lead religious ceremonies and to interpret religious doctrines, gains many opportunities to play a role in magical sciences derived from the religion; indeed, to upgrade them. It happens because in Islam there are magical elements which are inseparable from religion. Therefore, jawara obtains magic from kyai to meet their practical needs. Based on this relationship, it shows that magic is functionally needed by both of leaders (kyai and jawara) functioned to maintain their leadership. Moreover, each leader needs the perpetuation of the relationship by maintaining solidarity of the society through performing magic. Hence, it seems that the leadership of kyai and jawara in Pasanggrahan is in the networks of religion and magic. Keywords: kyai,jawara, tradisional leadership, magic Banten


2014 ◽  
Vol 26 (3) ◽  
pp. 345-349 ◽  
Author(s):  
Nicholas J. Westers ◽  
Mark Rehfuss ◽  
Lynn Olson ◽  
Constance M. Wiemann

Abstract Many adolescents who engage in nonsuicidal self-injury (NSSI) self-identify as religious, but the role of religion in their NSSI is not known. This exploratory study examined the relationship between religious coping and religiousness among adolescents who self-injure and the function of their NSSI. Thirty adolescents aged 12–19 years who had engaged in NSSI participated in an interview and completed questionnaires. Multiple regressions were used to examine the relationship between religious coping and NSSI, and Pearson correlations were used to assess the relationship between religiousness and function of NSSI. Greater use of positive religious coping was associated with lower likelihood of engaging in NSSI to rid oneself of unwanted emotions, whereas greater use of negative religious coping was associated with greater likelihood of engaging in NSSI for this reason as well as to avoid punishment or unwanted responsibility. Higher religiousness was associated with greater use of NSSI to communicate with or gain attention from others, whereas lower religiousness was associated with greater use of NSSI to relieve unwanted emotions. Having a greater understanding of how religious constructs are related to the various functions served by NSSI may inform treatment of this population, particularly among religious youth who self-injure.


2019 ◽  
Vol 22 (1) ◽  
pp. 376-393 ◽  
Author(s):  
Xenia Chiaramonte

The relationship between social movements and the legal field is controversial and complex. This paper begins by recognizing that the concept of social movement does not belong to legal doctrine and then synthetically reconstruct the relevance of it for a legal understanding. In fact, even if this concept is not formally taken into account by constitutions or by legal codes, a socio-legal approach underscores the need for the comprehension and inclusion of collective phenomena into legal theory. First, the paper explores the way in which ‘social movement’ has been taken up and translated in the legal field through the concept of social change and constitutional change. Second, this research goes through various cases in which social movements use law strategically, from the phenomenon of cause lawyering to the litigation strategy. Finally, it stands for a theoretical understanding of the role of social movements in legal theory as a lively expression of ‘becoming-constituent’.


Author(s):  
Christina Phillips

This chapter introduces the topic of religion and literature, theorises the novel as a secular genre, and develops a concept of religion as the other in the Arabic novel. It begins with a discussion of the relationship between religion and literature, identifying imagination, metaphorical language and mythos as areas of overlap, before turning to the question of religion and the Arabic novel as a modern form which eschews faith and dogma but is nevertheless packed with religious themes, images, characters, language and intertextuality. This is accounted for by the form’s secularism, which is theorised in terms of Charles Taylor’s conditions of belief. Literary secularism is not static and stable however, thus religion emerges as the other in the Egyptian novel, with all the ambivalence which alterity characteristically entails. This religious other calls into question postcolonial studies’ over-valorisation of the East/West binary insofar as it has obscured the critical role of religion in Arab postcolonial literature and identity.


2020 ◽  
pp. 101269022095862
Author(s):  
Jon Dart

This article examines the relationship between sport and Jewish identity. The experiences of Jewish people have rarely been considered in previous sport-related research which has typically focused on ‘Black’ and South Asian individuals, sports clubs, and organisations. Drawing on data generated from interviews ( n = 20) and focus groups ( n = 2) with individuals based in one British city, this article explores how their Jewish identity was informed, and shaped by, different sports activities and spaces. This study’s participants were quick to correct the idea that sport was alien to Jewish culture and did not accept the stereotype that ‘Jews don’t play sport’. The limited historical research on sport and Jewish people and the ongoing debates around Jewish identity are noted before exploring the role of religion and the suggestion that Jewish participation in sport is affected by the Shabbat (sabbath). Participants discussed how sports clubs acted as spaces for the expression and re/affirmation of their Jewish identity, before they reflected on the threats posed to the wider Jewish community by secularism, assimilation, and antisemitism. The article concludes by discussing how the sporting experiences of the study’s British Jewish participants compare with the experiences of individuals from other ethnic minority communities.


2020 ◽  
pp. 106591292094813
Author(s):  
Alper T. Bulut

Although a voluminous literature has studied the substantive representation of women, these studies have largely been confined to advanced democracies. Similarly, studies that focus on the relationship between Islam and women’s rights largely ignored the substantive representation of women in Muslim-majority countries. As one of the first studies of its kind, this article investigates the role of religion in the substantive representation of women by focusing on a Muslim-majority country: Turkey. Using a novel data set of 4,700 content coded private members’ bills (PMBs) drafted in the Turkish parliament between 2002 and 2015, this article synthesizes competing explanations of women’s representation in the Middle East and rigorously tests the implications of religion, ideology, critical mass, and labor force participation accounts. The results have significant implications for the study of gender and politics in Muslim-majority countries.


Author(s):  
Jaco Beyers

Human consciousness instinctively tries to make sense of reality. Different human interpretations of reality lead to a world consisting of multiple realities. Conflict occurs when differing realities (worldviews) encounter one another. Worldviews are socially created and determine human behaviour and, as such, most often find expression in religion. The discussion of conflict and the role of religion in civil society take place within the discourse of the sociology of religion. Religion is socially determined. Peter Berger’s insight into the sociology of religion therefore plays an important role in establishing the relationship between religion and civil society as one that takes on different forms. Thus, a clear definition of both civil society and religion was needed to understand the nature of these relationships. The role of religion in civil society with regard to the presence of conflict in society was further investigated in this article. The conditions under which conflict in society occurs were discussed, as were the conditions for tolerance in society, for religion ultimately becomes the provider of moral discernment when conflict occurs in civil society.


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