From Toleration to Laïcité

2021 ◽  
Vol 31 (2) ◽  
pp. 145-161
Author(s):  
Gerhardt Stenger ◽  
Keyword(s):  
Religious Freedom ◽  
Church And State ◽  
Saint Augustine ◽  
Anglo Saxon ◽  
Modern Times ◽  
Political Justification ◽  
History Of ◽  
The Law ◽  
Pierre Bayle ◽  
The Right

This paper traces the history of the philosophical and political justification of religious tolerance from the late 17th century to modern times. In the Anglo-Saxon world, John Locke’s Letter Concerning Toleration (1689) gave birth to the doctrine of the separation of Church and State and to what is now called secularization. In France, Pierre Bayle refuted, in his Philosophical Commentary (1685), the justification of intolerance taken from Saint Augustine. Following him, Voltaire campaigned for tolerance following the Calas affair (1763), and the Declaration of the Rights of Man (1789) imposed religious freedom which, a century later, resulted in the uniquely French notion of laïcité, which denies religion any supremacy, and any right to organize life in its name. Equality before the law takes precedence over freedom: the fact of being a believer does not give rise to the right to special statutes or to exceptions to the law.

John Stuart Mill‘s Liberal Reformism and the New Concept of Freedom, Property and Government

Diogenes ◽  
2021 ◽  
Vol 29 (2) ◽  
Author(s):  
Nikolay Alexandrov ◽  
◽  
◽  
Keyword(s):  
Industrial Revolution ◽  
Modern Times ◽  
Classical Liberal ◽  
Individualism And Collectivism ◽  
Liberal Ideology ◽  
History Of ◽  
Economic Reality ◽  
Social Liberalism ◽  
The Right ◽  
The Masses

The article is devoted to a key moment in the history of British liberalism when, under the influence of the Industrial Revolution, the need arose for a revision of classical liberal teaching. On the border between classical and social liberalism stands the figure of the British philosopher and economist John Stuart Mill who attempted to update the basic tenets of liberal ideology. Taking into account the socio-economic reality of his time, he set out to revise the foundations of liberal ideology, rethinking in modern times the problems of freedom, property and governance by expanding their perimeter in favour of the masses. This article also details Stuart Mill’s concept of individualism and collectivism in the context of freedom and the right to self-determination.

Medical Men and Peeping Toms

2016 ◽  
Author(s):  
Jessica Lake
Keyword(s):  
Personal Privacy ◽  
Right To Privacy ◽  
Women's Bodies ◽  
The Right To Privacy ◽  
Moving Images ◽  
Reproductive Body ◽  
History Of ◽  
The Law ◽  
The Right

This chapter examines cases in which a right to privacy was invoked by women to protest against violations of their bodies or the bodies of their newborn babies. This chapter offers a history of the right to privacy that charts the ways in which the law traditionally “protected” women’s bodies by treating them as male property and confining them to the home. The advent of the camera, its ability to penetrate physical and temporal boundaries, and its creation of movable as well as moving images, brought into question the efficacy of laws such as trespass and nuisance (grounded in physical structures) to protect personal privacy. To highlight the new invasions inflicted by the camera, I compare the cases of DeMay v Roberts and Feeney v Young, which involved the optic violation of a woman’s reproductive body by a stranger’s eyes and a camera respectively. Using a series of medical cases, I argue that many women invoked a right to privacy to protest against the transformation of their bodies (and the bodies of their dead deformed infants) into voyeuristic spectacles of “monstrosity”.

scholarly journals Konsep Talak Menurut Ibnu Qayyim Al-Jauziyyah (Analisis Waktu Dan Jumlah Penjatuhan Talak)

2020 ◽  
Vol 20 (1) ◽  
pp. 95
Author(s):  
Jamhuri Jamhuri ◽  
Zuhra Zuhra
Keyword(s):  
Family Relationships ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Foster Family ◽  
History Of ◽  
The Law ◽  
The Right

Talak merupakan hukum yang disyariatkan bagi satu pasangan yang tidak mungkin lagi membina hubungan keluarga dengan baik. Peluang talak ini dapat dipilih oleh suami dengan memperhatikan tata cara dan prosedur yang sesuai dengan hukum Islam. Terdapat beberapa hukum yang ulama tidak padu dan berbeda pendapat, khususnya mengenai konsep talak dilihat dari sisi waktu dan jumlah penjatuhannya. Penelitian ini henda mengkaji pendapat Ibn Qayyim. Masalah yang didalami adalah bagaimana pandangan Ibnu Qayyim al-Jauziyyah terhadap konsep dan pengaruh hukum talak syar’i dilihat dari segi waktu dan jumlah penjatuhan talak, dan bagaimana metode istinbaṭ yang ia gunakan. Penelitian ini termasuk penelitian pustaka, data yang terkumpul dianalisis dengan cara analisis-deskriptif. Hasil penelitian menunjukkan bahwa menurut Ibn Qayyim al-Jauziyyah, konsep talak secara umum ada dua bentuk, yaitu talak dari segi waktu dan dari segi jumlah. Dari segi waktu, talak dilakukan saat isteri suci dan tidak digauli saat suci tersebut. Pengaruh suami yang menceraikan isteri saat haid dan telah digauli, itu diharamkan dan talak tidak jatuh. Dari segi jumlah, hak talak suami hanya ada tiga. Tiga jumlah hak talak tersebut digunakan secara bertahap, tidak bisa digunakan sekaligus. Pengaruh suami yang menceraikan isteri dengan talak dua atau tiga sekaligus, talak yang jatuh hanya dipandang satu kali. Adapun dalil yang digunakan Ibn Qayyim yaitu QS. al-Ṭalāq ayat 1, QS. al-Baqarah ayat 229, QS. al-Baqarah ayat 230, dan QS. al-Nūr ayat 6. Adapun riwayat hadis di antaranya hadis dari Nafi’ riwayat Abī Dāwud, dari Sa’di bin Ibrahim riwayat Muslim, dari Abdullah bin Ali bin Sa’ib riwayat Abī Dāwud, dan dari Ibn Wahab riwayat HR. Nasā’i. Metode yang digunakan Ibn Qayyim yaitu bayanī dan metode istiṣlāḥī. Talak is a law prescribed to one spouse that is no longer likely to foster family relationships well. The chance of this Talak can be chosen by the husband taking into account the ordinances and procedures according to Islamic law. There are some laws that scholars do not mix and differ, especially regarding the concept of Talak seen from the time and number of the allotment. This study has studied Ibn Qayyim's opinion. The issue in the matter is how Ibn Qayyim al-Jauziyyah's view of the concept and influence of the law is seen in terms of time and the number of a bailout, and how the Istinbaṭ method he used. This research includes the research of libraries, the collected data is analyzed in a descriptive-analysis way. The results showed that according to Ibn Qayyim al-Jauziyyah, the concept of Talak, in general, there are two forms, namely Talak in terms of time and in terms of number. In terms of time, the Talak was performed during the Holy Wife and not in the holy moment. The influence of the husband who divorced the wife during menstruation and has been held, it is haraam and the Talak does not fall. In terms of numbers, the right to the husband is only three. The three total rights of the Board are used gradually, not to be used at once. The influence of the husband who divorced the wife with a two or three talak at once, a talak that fell only considered one time. The evidence that Ibn Qayyim used is QS.  al-Ṭalāq verse 1,  Qs. Al-Baqarah verses 229,  Qs. Al-Baqarah verses 230, and  Qs. Al-Nūr verse 6. The history of Hadith includes hadith from  Nafi ' History of Abī Dāwud,  from Sa'di bin Ibrahim  Muslim history, from Abdullah bin Ali bin Sa'ib  abī dāwud history, and Ibn Wahab narrated by the history of the Christian. The method used Ibn Qayyim was bayanī and the method Istiṣlāḥī. 

Body and law in late Anglo-Saxon England

1998 ◽  
Vol 27 ◽  
pp. 209-232 ◽  
Author(s):  
Katherine O'Brien O'Keeffe
Keyword(s):  
The Body ◽  
Anglo Saxon ◽  
Manuscript Production ◽  
History Of ◽  
The Subject ◽  
The Law ◽  
The Individual ◽  
And Control ◽  
Point Of Departure

This article explores some textual dimensions of what I argue is a crucial moment in the history of the Anglo-Saxon subject. For purposes of temporal triangulation, I would locate this moment between roughly 970 and 1035, though these dates function merely as crude, if potent, signposts: the years 970×973 mark the adoption of the Regularis concordia, the ecclesiastical agreement on the practice of a reformed (and markedly continental) monasticism, and 1035 marks the death of Cnut, the Danish king of England, whose laws encode a change in the understanding of the individual before the law. These dates bracket a rich and chaotic time in England: the apex of the project of reform, a flourishing monastic culture, efflorescence of both Latin and vernacular literatures, remarkable manuscript production, but also the renewal of the Viking wars that seemed at times to be signs of the apocalypse and that ultimately would put a Dane on the throne of England. These dates point to two powerful and continuing sets of interests in late Anglo-Saxon England, ecclesiastical and secular, monastic and royal, whose relationships were never simple. This exploration of the subject in Anglo-Saxon England as it is illuminated by the law draws on texts associated with each of these interests and argues their interconnection. Its point of departure will be the body – the way it is configured, regarded, regulated and read in late Anglo-Saxon England. It focuses in particular on the use to which the body is put in juridical discourse: both the increasing role of the body in schemes of inquiry and of punishment and the ways in which the body comes to be used to know and control the subject.

scholarly journals History of Ukrainian law: conceptual, istoriografìcal and comparative components of its identification

2019 ◽  
pp. 138-146
Author(s):  
P. Zakharchenko
Keyword(s):  
The State ◽  
Educational Process ◽  
State Institute ◽  
Law Faculty ◽  
National University ◽  
History Of ◽  
History Of Law ◽  
The Law ◽  
Definition Of ◽  
The Right

The approaches to the category "History of Ukrainian Law" are analyzed, its author definition and periodization in the historical dimension is proposed. Doctrinal approach of the Department of History of Law and State of the law Faculty of Taras Shevchenko National University of Kyiv is defined, which consists in recognition of the right of law before the State Institute. In our opinion, with the advent of the state, history of law appears as a history of national legislation in its relationship and interdependence with the state's regulatory activities – its administrative and judicial institutions, organization and activities of the army, police, and punitive agencies etc. The author indicates that the story is indicative that society can develop steadily in the coordinate of the environment, and the function of the instrument of the Zaman environment executes the right. The porpose of article is reserchirg the history of Ukrainian law: conceptual, istoriografìcal and comparative components of its identification It is alleged that for the first time the definition of "history of Ukrainian Law" is not implemented in Ukraine but beyond its borders. The galaxy of lawyers, and among them and historians of law, after the defeat of the Ukrainian Revolution of 1917 – 1921, were forced to leave the motherland and settle in the neighboring countries of Eastern Europe. A textbook of such name appeared in the conditions of Ukrainian emigration in the early 1920-ies. This primacy belongs to several researchers of the Ukrainian diaspora, who, with no historical, historical, legal sources and archival materials, have remained in the absolute majority in the libraries and archival funds of Soviet Ukraine. However, in these conditions they were able to lay the foundations for the formation of the appropriate field of scientific knowledge. It is noted that the successor of the traditions preserved in the diaspora can be called the Department of the History of law and State of the law Faculty of Taras Shevchenko Kyiv University, whose members for many years advocate not only the name of the educational The subject "History of Ukrainian Law", but also prove its genetic connection with the right of the Rus state, other national state formations of the later period. A few manuals on the history of Ukrainian law came from the pen of the lecturers. Special emphasis was made on the works of Alexander Shevchenko, who became the author of several textbooks and manuals that are still widely used in the educational process of law faculties in Ukraine. In one of them, O. Shevchenko actualized The problem of periodization of Ukrainian law, where the main criterion was determined by the evolution of the sources of law. In these positions is the author of the proposed publication. In the final part of the work emphasized the examples in the differences in the evolution, essence and content of the Ukrainian law from the Russian.

scholarly journals From credit to debt: A political history of English sovereign finance and money from the seventh century to the seventeenth

2019 ◽  
Vol 5 (1) ◽  
pp. 42-60
Author(s):  
Nicolas Dorn
Keyword(s):  
Seventeenth Century ◽  
Sovereign Debt ◽  
Eleventh Century ◽  
Seventh Century ◽  
Anglo Saxon ◽  
Modern Times ◽  
Sovereign Credit ◽  
History Of ◽  
Early Modern Times ◽  
New Perspective

This article provides a new perspective on sovereign finance and money in England from pre- modern to early modern times. Re-reading the literature on sovereign fiscality through the lens of sovereign jurisdictions and religious authority, it describes two distinct forms of sovereign finance: the rise and fall of sovereign credit from the seventh to eleventh century, followed by sovereign debt developing from the eleventh century into ‘modern’ sovereign debt from the seventeenth century onwards. In the early Anglo Saxon period, sovereign credit was given and received in non-monetised forms. It was when sovereign jurisdictions became too wide for labour and bulky produce to travel that tax was monetised. However, the monetisation of credit undermined the very sovereign-subject relation on which sovereign credit was based. After the introduction of short-term sovereign debt by the Normans, for the next five hundred years, the two distinct fiscal mechanisms of sovereign credit and sovereign debt ran in parallel, although the latter was restrained by the church’s prohibition of usury. In the seventeenth century, sovereign credit and sovereign debt became conjoined elements within one fiscal system, rather than separate mechanisms.

scholarly journals Penghapusan Kolom Agama Dalam Kartu Tanda Penduduk

2018 ◽  
Vol 3 (2) ◽  
Author(s):  
Novita Akria Putri
Keyword(s):  
Human Rights ◽  
John Rawls ◽  
Religious Identity ◽  
Religious Freedom ◽  
Primary Reason ◽  
The Social ◽  
The Law ◽  
Religious Sects ◽  
Identity Cards ◽  
The Right

Abstract: Human rights are claims that must be met in order to maintain the existence and human dignity. Right to religious freedom in fact, is a right enshrined directly in the Constitution of Indonesia. The essence of religious freedom is the recognition that every person has the right to believe and to live worship and engage in what is believed to be the call of God demands the truth. Appreciate the identity of a group is very important, inclusion of a religious identity in residence identity cards so that no one group that is forming a new religious sects that would undermine the nation's integration. Therefore, the elimination of religion column in the ID card is not the primary reason for the creation of the concept of equality before the law that became the main feature of a state of law. However, as the concept of justice of John Rawls, that the interests of certain groups are not allowed to undermine the social justice.Keywords: Removal, Religion Column, KTPAbstrak: Hak asasi manusia adalah klaim yang mesti dipenuhi demi mempertahankan eksistensi dan martabat manusia. Hak kebebasan beragama nyatanya, adalah hak yang diatur secara langsung dalam UUD 1945. Hakikat dengan kebebasan beragama adalah pengakuan bahwa setiap orang berhak meyakini serta untuk hidup beribadat dan berkomunikasi sesuai dengan apa yang diyakini sebagai panggilan tuntutan Tuhan yang mutlak. Menghargai adanya identitas sebuah golongan amatlah penting, pencantuman sebuah identitas agama dalam kartu identitas kependudukan agar tidak ada suatu golongan yang membentuk suatu sekte-sekte agama baru yang justru akan merusak integrasi bangsa. Oleh karena itu, penghapusan kolom agama dalam KTP tidaklah menjadi alasan utama untuk terciptanya konsep equality before the law yang menjadi ciri utama dari sebuah negara hukum. Namun, sebagaimana konsep keadilan dari Jhon Rawls, bahwa kepentingan golongan tertentu tidaklah diperbolehkan menggerus keadilan sosial.Kata kunci: Penghapusan, Kolom Agama, KTP

Religious Offences in Italy: Recent Laws Concerning Blasphemy and Sport

2011 ◽  
Vol 13 (2) ◽  
pp. 182-197 ◽  
Author(s):  
Anna Gianfreda
Keyword(s):  
Criminal Law ◽  
Religious Freedom ◽  
Church And State ◽  
The Third ◽  
Recent Developments ◽  
History Of ◽  
Historical Remarks ◽  
The One ◽  
The 19Th Century ◽  
The Relationship

Religious offences in Italy, as in many European countries, have a long and complex history that is intertwined with the events in the history of the relationship between church and state and the institutional and constitutional framework of a nation.This article is divided into three parts. The first part aims to offer some historical remarks concerning the rules on the contempt of religion and blasphemy in Italian criminal law from the end of the 19th century to the present day. The second part focuses on changes to the law on vilification introduced in 2006 and the third part deals with the recent developments in blasphemy law in the context of sport.The article shows that, on the one hand, reforms of the offences grouped under vilification of religion are anachronistic and do not stand up against the religious freedom of individuals, yet on the other, despite the traditional rules for the protection of religion being considered obsolete, they are applied in new areas of law, for example sport, and are used to curb bad manners and bad behaviour. The relationship between the new functions of these criminal rules and the traditional ones, however, remains uncertain and fluctuating, and reveals a moralistic approach to religious offences.

A Proper Death

2018 ◽  
pp. 159-174
Author(s):  
Nicole Anderson
Keyword(s):  
Death Penalty ◽  
Right To Life ◽  
Animal Life ◽  
Modern Times ◽  
Animal Trials ◽  
The Law ◽  
The Right ◽  
Natural Life

In The Death Penalty I, Derrida elucidates Kant’s support of the death penalty as that which “marks the access to what is proper to man and to the dignity of reason or of human logos and nomos.” “Man” is distinguished from animals/the beast, precisely because “man … is a subject of the law who raises himself above natural life.” This law is based on rationality, reason, ethics, right to life, and thus to forgiveness and the right to burial. In modern times the animal is not subject to the same law, and therefore the death penalty not only marks what is “proper to man,” but also frames human and animal life in particular ways. This essay examines the medieval practice of animal trials in order to push back against anthropocentric conceptions of the death penalty and to explore its implications for both human and animal lives.

Registration of Religious Entities and Religious Autonomy in Romania—Old Limitations and New Challenges

2013 ◽  
Vol 8 (1) ◽  
pp. 77-91 ◽  
Author(s):  
Romanița Elena Iordache
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Adoption Process ◽  
European Court ◽  
Tier System ◽  
New Challenges ◽  
The Law ◽  
Grand Chamber ◽  
The Right

Abstract In January 2013, the Romanian Law on Religious Freedom and the General Status of Religious Denominations reached five years of implementation—the right time to assess the quality of the law, its fairness and enforceability, the way it responded to foreseeable challenges but, most importantly, to unexpected ones. Though, at the time of its adoption, law-makers, practitioners and religious denominations alike considered the law a working compromise doomed to be amended soon, no amendments were made so far. In spite of criticisms concerning the over-restrictive three tier system of registration for religious entities, voiced during the adoption process and subsequently, the biggest challenge for the law came however from a different direction through a little known case decided by the European Court of Human Rights in January 2012 and referred to the Grand Chamber in July 2012. The domestic proceedings as well as the chamber judgment in Sindicatul Păstorul Cel Bun v. Romania highlight that the principle of religious autonomy and the relation between state and Church still need to be defined and enforced in the Romanian context.1

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