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By Peter W, Dr Edge
Dialogue of how during which legislation engages with non secular distinction frequently occurs in the context of a unmarried jurisdiction. "Religion and legislation: An Introduction", provides a accomplished textual content for college kids, drawing on examples from throughout key Anglophone jurisdictions - the uk, the USA, Canada, New Zealand, Australia, and South Africa, in addition to foreign legislations, to discover a wide diversity of concerns. geared toward a non-legal readership, this booklet introduces using felony resources and specializes in actual events up to felony doctrine. Key matters bobbing up from interplay of the spiritual person and the kingdom are mentioned, in addition to the spiritual employer or neighborhood and the country. The interplay is explored via case reviews of components as different because the felony law of spiritual drug use, sacred areas and sacred areas, and claims of clergy misconduct. Taking a huge, non-jurisdictional method of the most important concerns, specifically offering insights differing from the dominant US reports and paradigms, this student-friendly textbook features a truly dependent bibliography and transparent information on tips to method correct criminal fabrics.
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Extra resources for Religion And Law: An Introduction (Ashgate Religion, Culture and Society Series)
Example text
More common is a focus on both a particular religious community, and a subset of relevant legal issues. For instance, Winslow’s discussion of Native American sacred places (Winslow, 1996), or Muramoto’s analysis of the refusal of blood products by Jehovah’s Witnesses (Muramoto, 1998a; Muramoto, 1998b). Readership A final categorisation could be by the target readership. The most accessible to non-lawyers are pieces aimed at those with little or no legal knowledge. Although the importance of sources of law is often not discussed at length in these pieces, knowledge of broader legal doctrines is not assumed.
Topic As the remainder of this text will illustrate, the range of topics which can be covered by work on law and religion is vast. Discussion in this text is structured around clusters of factual situations. There are, however, alternative ways to break down the topics, which will help understanding the structures in the debates. Firstly, and particularly common in the literature with a relatively small multidisciplinary input, a topic may be defined by reference to a legal category. The work of Barber, discussed above, could sensibly be categorised as falling within the category of criminal law.
In a given legal situation, it is unlikely that only a single set of claims from one religious context will be put forward as relevant to the outcome. Rather, such claims will constitute one element which must be given proper consideration in the decision making process. The legal decision maker will be required to balance competing interests in order to achieve an appropriate outcome. An overemphasis on the religious aspect in a scenario can lead to a failure to appreciate fully the different interests at stake, and thus fail to strike an appropriate balance between them.