scholarly journals Religion Impacting the Concept of Law

Author(s):  
Stefan Hammer

Abstract The issue reflects on concepts of law determined or impacted by various currents of Abrahamitic religious traditions. Major alternative approaches regarding the status of revelation as a source of law are being addressed. Two basic types of religious approach can be distinguished: one embracing the idea of divine revelation containing prescriptions which are to be connected to and implemented in human legal and political reasoning, and another one absconding the divine from earthly political and legal paradigms in order to permeate them with relativizing spirituality. The various contributions explore the historical development of relevant strands of religious thought as well as the way in which they articulate themselves in the present-day diversity of a secularized and globalized environment.

2014 ◽  
Vol 22 (S1) ◽  
pp. S50-S86 ◽  
Author(s):  
Martin Quack

After a brief introduction to the basic concepts including some questions of language, the first part of this paper provides a brief survey of the historical development of laws and models in Chemistry, in particular atomic and molecular models. In the second part this paper deals with the fundamental role of the observation of symmetry violations in physics and chemistry in understanding the most ‘fundamental laws’ and current efforts towards such studies by means of high resolution spectroscopy of molecules. We conclude with a brief discussion of the implications for current unsolved problems in astrophysics and biology.


Numen ◽  
1996 ◽  
Vol 43 (1) ◽  
pp. 56-81 ◽  
Author(s):  
Knut Jacobsen

AbstractThe dualism of the consciousness principle (puruṣa) and the material principle (Prakrti) in the Sāmkhya and Pātañjala-Sāmkhya (Yoga) traditions of religious thought has often been thought of as a dualism of a male and a female principle. Contrary to what is often assumed however the material principle of Sāmkhya and Pātañjala-Sāmkhya does not possess a female identity. This paper argues that the identification of the Sāmkhya and Pātañjala-Sāmkhya Prakrti with a female principle among scholars is due to a very selective use of evidence and too much dependence on later sources, especially the Tantric religious systems in which the female-male polarity was utilized for the interpretation of the ultimate reality, the structure of the world and the means to attain liberation. The way the Tantric religions utilized the Sāmkhya dualism of Prakrti and puruṣa to illustrate the female-male polarity of ultimate reality illustrates the manner in which the Tantric religions reinterpreted elements of earlier systems of religious thought and transformed them according to their own purpose and the process of borrowing and synthesizing of what had come before them typical of the Hindu religious traditions.


Author(s):  
Annalise Oatman ◽  
Kate Majewski

This chapter examines the conflict in Myanmar and its historical development as an example of the way that rape is wielded as a weapon of war. It also provides a discussion of advocacy for the ethnic minority women of Myanmar at the grassroots, national, and international levels. It reviews statistics on conflict-related rape and theories regarding the social and political forces driving it. It examines the political history of Myanmar and the status of Myanmarese women. It also discusses the way that current conditions have set the stage for conflict-related rape in Myanmar and data on its prevalence. It discusses the extradition of the rapist of a 7-year-old girl, Myanmarese grassroots efforts to address this issue, and international proposals for reform. In addition, it discusses the way that the “legal culture” of a nation can get in the way of the enactment of international legislation.


2021 ◽  
Vol 8 (12) ◽  
pp. 245-261
Author(s):  
Thameem Ushama

This article describes the life, education, and thoughts of Muhammad Shahrūr, whose discourse on Islam generated confusion and much in the way of polemical debate. His controversial bias favoured modernity, influenced by modern Western epistemology, traditions, and secularism. The author applies qualitative content analysis to select writings. The analysis unveils his position (s) in light of mainstream Islam and focusses on Shahrūr’s approach to Islamic religious thought via (1) theories of Non-Synonymity and Limit; (2) his view of the Ḥadīth and Sharīᶜah; (3) the status of Muslim women with regard to polygamy, dress code and feminism; (4) the law of inheritance; (5) western culture and civilization; and (6) evolution; democracy, nationalism and pluralism, etc.


1999 ◽  
Vol 1 (1) ◽  
pp. 1-25 ◽  
Author(s):  
A. H. Johns

Job (Ayyūb) is a byword for patience in the Islamic tradition, notwithstanding only six Qur'anic verses are devoted to him, four in Ṣād (vv.41-4), and two in al-Anbiyā' (vv.83-4), and he is mentioned on only two other occasions, in al-Ancām (v.84) and al-Nisā' (v.163). In relation to the space devoted to him, he could be accounted a ‘lesser’ prophet, nevertheless his significance in the Qur'an is unambiguous. The impact he makes is achieved in a number of ways. One is through the elaborate intertext transmitted from the Companions and Followers, and recorded in the exegetic tradition. Another is the way in which his role and charisma are highlighted by the prophets in whose company he is presented, and the shifting emphases of each of the sūras in which he appears. Yet another is the wider context created by these sūras in which key words and phrases actualize a complex network of echoes and resonances that elicit internal and transsūra associations focusing attention on him from various perspectives. The effectiveness of this presentation of him derives from the linguistic genius of the Qur'an which by this means triggers a vivid encounter with aspects of the rhythm of divine revelation no less direct than that of visual iconography in the Western Tradition.


Author(s):  
Ditlev Tamm

Abstract This contribution deals with the influence of the Reformation on the law in Denmark. The Reformation was basically a reform of the church, but it also affected the concept of law and state in general. In 1536, King Christian III dismissed the catholic bishops and withheld the property of the church. The king, as custos duarum tabularum, guardian of both the tablets of law, also took over the legislation for the church. Especially in subjects of morals and criminal law new principles and statutes were enacted. Copenhagen University was reformed into a protestant seminary even though the former faculties were maintained. For that task Johannes Bugenhagen was summoned who also drafted the new church ordinance of 1537. In marriage law protestant principles were introduced. A marriage order was established in 1582.


SUHUF ◽  
2017 ◽  
Vol 9 (2) ◽  
pp. 193-214
Author(s):  
Afifur Rochman Sya'rani

Most of traditional Muslim exegetes interpret Q. 4:34 in terms of maintaining the superiority of men over women. Some progressive Muslim scholars then insist a contextual approach to the verse to criticize gender inequality. Among some progressive Muslim scholars, this article comparatively examines the interpretations of Amina Wadud and Mohammed Talbi of Q. 4:34. Although both of them propose a contextual reading of the verse, they have different intellectual background, approach and method in interpreting the Qur’ān. The questions are to what extent the similarities and differences of both Wadud’s and Talbi’s interpretation of Q. 4:34 and how far their interpretations reflect their respective intention and perspective? Applying Gadamer’s hermeneutical approach, the article concludes that [1] Both Wadud and Talbi argue that the verse does not establish the superiority of men over women, but acknowledges duties division among married couple; [2] the difference among their interpretations is on the status of relationship among married couple; [3] Wadud’s and Talbi’s interpretations represent their respective hermeneutical situations and the way they define ontologically the nature of  interpretation and Qur’anic hermeneutics affect on producing the meanings of the verse.


Author(s):  
Philip Pettit

H.L.A. Hart’s (1961) book The Concept of Law already caught my fancy as an undergraduate student in Ireland. It seemed to do more in illumination of its theme than most of the tomes in analytical, continental or scholastic philosophy to which I was introduced in a wonderfully idiosyncratic syllabus. What I attempt here, many years later, is guided by a desire to explore the possibility of providing for ethics and morality the sort of perspective that Hart gave us on the law....


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