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Author: Li-ann Thio Publisher: Bloomsbury Publishing ISBN: 1509937307 Category : Law Languages : en Pages : 551
Book Description
This book provides in-depth comparative analysis of how religious penal clauses have been developed and employed within Asian common law states, and the impact of such developments on constitutional rights. By examining the theoretical and conceptual underpinnings of religious offences as well as interrogating the nature and impact of religious penal clauses within the region, it contributes to the broader dialogue in relation to religious penal clauses globally, whether in countries which practise forms of secular or religious constitutionalism. Asian practice is significant in this respect, given the centrality of religion to social life and indeed, in some jurisdictions, to constitutional or national identity. Providing rigorous studies of common law jurisdictions that have adopted similar provisions in their penal code, the contributors provide an original examination and analysis of the use and development of these religious clauses in their respective jurisdictions. They draw upon their insights into the background sociopolitical and constitutional contexts to consider how the inter-relationship of religion and state may determine the rationale and scope of religious offences. These country-by-country chapters inform the conceptual examination of religious views and sentiments as a basis for criminality and the forms of 'harm' that attract legal safeguards. Several chapters examine these questions from a historical and comparative perspective, considering the underlying bases and scope, as well as evolving objectives of these provisions. Through these examinations, the book critically interrogates the legacy of colonialism on the criminal law and constitutional practice of various Asian states.
Author: Li-ann Thio Publisher: Bloomsbury Publishing ISBN: 1509937307 Category : Law Languages : en Pages : 551
Book Description
This book provides in-depth comparative analysis of how religious penal clauses have been developed and employed within Asian common law states, and the impact of such developments on constitutional rights. By examining the theoretical and conceptual underpinnings of religious offences as well as interrogating the nature and impact of religious penal clauses within the region, it contributes to the broader dialogue in relation to religious penal clauses globally, whether in countries which practise forms of secular or religious constitutionalism. Asian practice is significant in this respect, given the centrality of religion to social life and indeed, in some jurisdictions, to constitutional or national identity. Providing rigorous studies of common law jurisdictions that have adopted similar provisions in their penal code, the contributors provide an original examination and analysis of the use and development of these religious clauses in their respective jurisdictions. They draw upon their insights into the background sociopolitical and constitutional contexts to consider how the inter-relationship of religion and state may determine the rationale and scope of religious offences. These country-by-country chapters inform the conceptual examination of religious views and sentiments as a basis for criminality and the forms of 'harm' that attract legal safeguards. Several chapters examine these questions from a historical and comparative perspective, considering the underlying bases and scope, as well as evolving objectives of these provisions. Through these examinations, the book critically interrogates the legacy of colonialism on the criminal law and constitutional practice of various Asian states.
Author: F. A. Nazir Publisher: Langham Publishing ISBN: 1783685727 Category : Religion Languages : en Pages : 301
Book Description
The laws and legislation in Pakistan related to religious offences are intended to protect all religious communities, but have also become a significant threat to communities of religious minorities who are vulnerable to false accusation, violent retribution outside of the judicial system, and erroneous convictions that sometimes even lead to the death penalty. What is not well known is how these laws came about; from originally being designed in Chapter XV of the Pakistan Penal Code, to safeguard all religions of British India. Dr F. A. Nazir places the discussion of offences relating to religion in the historical context of the south Asian subcontinent, the institution of penal codes in British India during the colonial period, and developments in legislation after 1947 independence and the creation of the state of Pakistan and in postcolonialism. Dr Nazir’s historical and legal analysis demonstrates how these laws affect indigenous Christian communities and other religious minorities, including Muslim groups. Nazir’s thorough and rigorous historical research brings important understanding and reflection to contemporary religious laws, religious rights and multi-faith society in Pakistan.
Author: Amanda Whiting Publisher: Studies in Religion, Secular B ISBN: Category : Law Languages : en Pages : 312
Book Description
The essays in this volume explore some of the diverse and contradictory ways that the lives of women in the Asia-Pacific region are shaped by two powerful regimes - 'religion' and 'law' - and by the interactions between them. They show that for women, laws - customary, colonial, post-independence and international - and religions - indigenous or introduced, Buddhism, Christianity, Islam and Confucianism - have been a 'mixed blessing'. These diverse legal systems and religious doctrines and institutions have variously denied women authority and the capacity to participate fully in the public organization of social, political and religious life; they have furthermore constructed gender and familial relations in ways that subordinate women. Yet they have also offered promises of women's empowerment, and provided rules and procedures, norms, values, and interpretations of sacred traditions to deliver those empancipatory promises. Each chapter is devoted to a single state; first, the history and current framework of the national legal system is introduced; then the place of religion in the state is explained; and finally, by means of precise and detailed case studies or examples, each author explores how these sometimes competing, sometimes colluding regimes constructed women and how women interpreted this positioning and sought to resituate themselves.
Author: Renae Barker Publisher: Bloomsbury Publishing ISBN: 1509950168 Category : Law Languages : en Pages : 416
Book Description
This book examines law and religion from the perspective of its case law. Each chapter focuses on a specific case from a Commonwealth jurisdiction, examining the history and impact of the case, both within the originating jurisdiction and its wider global context. The book contains chapters from leading and emerging scholars from across the Commonwealth, including from the United Kingdom, Canada, Australia, Pakistan, Malaysia, India and Nigeria. The cases are divided into four sections covering: - Foundational Questions in Law and Religion - Freedom of Religion around the Commonwealth - Religion and state relations around the Commonwealth - Rights, Relationships and Religion around the Commonwealth. Like religion itself, the case law covers a wide spectrum of life. This diversity is reflected in the cases covered in this book, which include: - Titular Roman Catholic Archbishop of Kuala Lumpur v Home Minister on the use of the Muslim name for God by non-Muslims in Malaysia - The Church of the New Faith v Commissioner of Pay-roll Tax (Vic) which determined the meaning of religion in Australia - Eweida v UK which clarified the application of Article 9 of the European Convention on Human Rights - R v Big M Drug Mart on the individual protections of religious freedom under the Canadian Charter of Rights. The book examines how legal disputes involving religion are among the most contested in the courts and shows that in these cases, passions run high and the outcomes can have significant consequences for all involved.
Author: Eleni Polymenopoulou Publisher: Cambridge University Press ISBN: 1108945244 Category : Political Science Languages : en Pages : 247
Book Description
The book examines in detail the essence, nature and scope of artistic freedom as a human right. It explains the legal problems associated with the lack of a precise definition of the term 'art' and discusses the emergence of a distinct 'right' to artistic freedom under international law. Drawing on a variety of case-studies primarily from the field of visual arts, but also performance, street art and graffiti, it examines potentially applicable 'defences' for those types of artistic expression that are perceived as inappropriate, ugly, offensive, disturbing, or even obscene and transgressive. The book also offers a view on global controversies such as Charlie Hebdo and the Danish Cartoons, attempting to explain the subtleties of offenses related to religious sensibilities and beliefs. It also examines the legitimacy of restrictions on extremist expressions in the case of arts involving criminal arts, such as child pornography.
Author: Mark Hill QC Publisher: Routledge ISBN: 1000071553 Category : History Languages : en Pages : 267
Book Description
This collection, by leading legal scholars, judges and practitioners, together with theologians and church historians, presents historical, theological, philosophical and legal perspectives on Christianity and criminal law. Following a Preface by Lord Judge, formerly Lord Chief Justice of England and Wales, and an introductory chapter, the book is divided into four thematic sections. Part I addresses the historical contributions of Christianity to criminal law drawing on biblical sources, early church fathers and canonists, as far as the Enlightenment. Part II, titled Christianity and the principles of criminal law, compares crime and sin, examines concepts of mens rea and intention, and considers the virtue of due process within criminal justice. Part III looks at Christianity and criminal offences, considering their Christian origins and continuing relevance for several basic crimes that every legal system prohibits. Finally, in Part IV, the authors consider Christianity and the enforcement of criminal law, looking at defences, punishment and forgiveness. The book will be an invaluable resource for students and academics working in the areas of Law and Religion, Legal Philosophy and Theology.
Author: Jaclyn L. Neo Publisher: Cambridge University Press ISBN: 1108416179 Category : Law Languages : en Pages : 343
Book Description
Examines how law regulates religion and explores the influence of world religions on the legal systems in Asia, including how religion responds to such regulations. It looks at underlying norms influencing state regulation of religion, and the challenges emerging from such regulation.
Author: Publisher: BRILL ISBN: 9004472835 Category : Law Languages : en Pages : 366
Book Description
Norms beyond Empire seeks to rethink the relationship between law and empire by emphasizing the role of local normative production. While European imperialism is often viewed as being able to shape colonial law and government to its image, this volume argues that early modern empires could never monolithically control how these processes unfolded. Examining the Iberian empires in Asia, it seeks to look at norms as a means of escaping the often too narrow concept of law and look beyond empire to highlight the ways in which law-making and local normativities frequently acted beyond colonial rule. The ten chapters explore normative production from this perspective by focusing on case studies from China, India, Japan, and the Philippines. Contributors are: Manuel Bastias Saavedra, Marya Svetlana T. Camacho, Luisa Stella de Oliveira Coutinho Silva, Rômulo da Silva Ehalt, Patricia Souza de Faria, Fupeng Li, Miguel Rodrigues Lourenço, Abisai Perez Zamarripa, Marina Torres Trimállez, and Ângela Barreto Xavier.
Author: Wen-Chen Chang Publisher: Bloomsbury Publishing ISBN: 1849469857 Category : Law Languages : en Pages : 1170
Book Description
This book of text, cases and materials from Asia is designed for scholars and students of constitutional law and comparative constitutional law. The book is divided into 11 chapters, arranged thematically around key ideas and controversies, enabling the reader to work through the major facets of constitutionalism in the region. The book begins with a lengthy introduction that critically examines the study of constitutional orders in 'Asia', highlighting the histories, colonial influences, and cultural particularities extant in the region. This chapter serves both as a provisional orientation towards the major constitutional developments seen in Asia – both unique and shared with other regions – and as a guide to the controversies encountered in the study of constitutional law in Asia. Each of the following chapters is framed by an introductory essay setting out the issues and succinctly highlighting critical perspectives and themes. The approach is one of 'challenge and response', whereby questions of constitutional importance are posed and the reader is then led, by engaging with primary and secondary materials, through the way the various Asian states respond to these questions and challenges. Chapter segments are accompanied by notes, comments and questions to facilitate critical and comparative analysis, as well as recommendations for further reading.The book presents a representative range of Asian materials from jurisdictions including: Bangladesh, China, Hong Kong, India, Japan, Mongolia, Nepal, Pakistan, South Korea, Sri Lanka , Taiwan, Timor-Leste and the 10 ASEAN states.
Author: Li-ann Thio
Author: Li-ann Thio
Author: F. A. Nazir
Author: Amanda Whiting
Author: Renae Barker
Author: Eleni Polymenopoulou
Author: Mark Hill QC
Author: Jaclyn L. Neo
Author: 
Author: Law Society (Great Britain). Library
Author: Wen-Chen Chang