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By Peter W, Dr Edge
Dialogue of ways during which legislation engages with spiritual distinction frequently occurs in the context of a unmarried jurisdiction. "Religion and legislation: An Introduction", provides a accomplished textual content for college students, drawing on examples from throughout key Anglophone jurisdictions - the uk, the us, Canada, New Zealand, Australia, and South Africa, in addition to overseas legislations, to discover a huge diversity of matters. aimed toward a non-legal readership, this publication introduces using criminal resources and makes a speciality of genuine events up to criminal doctrine. Key concerns bobbing up from interplay of the non secular person and the nation are mentioned, in addition to the spiritual business enterprise or group and the kingdom. The interplay is explored via case stories of parts as varied because the felony legislation of spiritual drug use, sacred areas and sacred areas, and claims of clergy misconduct. Taking a huge, non-jurisdictional method of the foremost concerns, particularly supplying insights differing from the dominant US reports and paradigms, this student-friendly textbook contains a sincerely based bibliography and transparent advice on find out how to strategy appropriate felony fabrics.
Read or Download Religion And Law: An Introduction (Ashgate Religion, Culture & Society Series) (Ashgate Religion, Culture & Society Series) PDF
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Additional resources for Religion And Law: An Introduction (Ashgate Religion, Culture & Society Series) (Ashgate Religion, Culture & Society Series)
Sample text
They all had very clear ideas about what religion was, and they all knew that they didn’t agree with anyone else’s definition of it’ (in Hay and Nye, 1998 at 5). More broadly, a number of commentators have argued against a legal definition of religion (for example, Berg, 1997; Freeman, 1983). Cumper has argued that the absence of a definition of religion, at least at an international level, has three main advantages. Firstly, it avoids the technically very difficult task of drafting a definition which is flexible enough to satisfy a broad cross-section of world religions while precise enough for practical application to specific cases.
In an example more directly relevant to our discussion, in England many charities formed for religious purposes are registered as charities for the advancement of religion. There are many ambiguities in this category of charity. The statutory body responsible for registration, the Charity Commission, issues guidance to prospective charities, and sometimes reports the way it has interpreted the legislation and cases in the area (see Edge and Loughrey, 2001). As well as these sources of soft law, considerable attention has also been focused by legal scholars on how rules of law are actually used in practice.
These specific definitions aside, I would suggest that, in order for the discussion in this text to proceed, there needs to be some working definition of ‘religion’ and related terms. Such a working definition is not being put forward as applicable to every legal source that uses the word ‘religious’. A variety of strategies have been adopted by writers and courts seeking to define Thinking About Law Thinking About Religion 31 religion. ). In that case, the High Court had to consider whether Scientology was a religion for the purposes of the Victorian taxation legislation.