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By Kristine Kalanges
In Religious Liberty in Western and Islamic legislations: towards a global criminal Tradition, Kristine Kalanges argues that transformations among Western and Islamic felony formulations of non secular freedom are attributable, in giant half, to adaptations of their respective non secular and highbrow histories. Kalanges means that whereas divergence among the 2 our bodies of legislation demanding situations the characterization of non secular liberty as a common human correct, the "dilemma of non secular freedom" - the tough selection among the universality of non secular liberty rights and peaceable co-existence of numerous felony cultures - might but be remodeled throughout the cultivation of an international criminal culture. This argument is complex via comparative research of human rights tools from the Western and Muslim worlds, with realization to the legal-political strategies wherein spiritual and philosophical rules were institutionalized.
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Religious Liberty in Western and Islamic Law: Toward a World Legal Tradition
In spiritual Liberty in Western and Islamic legislation: towards an international criminal culture, Kristine Kalanges argues that adjustments among Western and Islamic criminal formulations of spiritual freedom are attributable, in big half, to diversifications of their respective spiritual and highbrow histories.
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46. Richard A. Falk, “Casting the Spell: The New Haven School of International Law,” review of Jurisprudence for a Free Society: Studies in Law, Science and Policy, by Harold D. Lasswell and Myres S. McDougal, Yale Law Journal 104 (1995): 2002. 47. Anthony Clark Arend, Legal Rules and International Society (New York: Oxford University Press, 1999). 48. Jack Goldsmith, “Sovereignty, International Relations Theory, and International Law,” Stanford Law Review 52 (2000): 979–87. 51 Then, reflecting his legal background, Arend draws upon the New Haven School to construct a basic authority-control test by which international rules may be identified: a rule of international law exists if it is authoritative and controlling (determined empirically with the aid of an index).
3 1. George W. Truett, “Baptists and Religious Liberty,” The Reformed Reader (May 16, 1920). 2. Derek H. Davis, “The Evolution of Religious Freedom as a Universal Human Right,” Brigham Young University Law Review 2002 (2002): 222. 3. The theological portion of this chapter’s account, necessarily limited by space, focuses on the Protestant Reformation because it provided crucial formulations of and justifications for separation and freedom of conscience—ones instrumental to the evolution of the early modern state.
83. The term “alternative/oppositional” is used throughout this book to signify the different ways in which these documents can be interpreted. As Chapters 5 and 6 discuss, their nature and significance are contested. 84. Primary legal texts considered in the second part include: the constitutions of Iran, Turkey, Egypt, and Pakistan; the Universal Islamic Declaration of Human Rights; and the Cairo Declaration on Human Rights in Islam. , not just the contributions of Islamic law to Muslim states, but also Judeo-Christian contributions to the Western legal tradition), and also by suggesting how a world legal tradition might be forged so as to constitute a new type of foundational consensus—one that could make practical consensus on religious liberty, and possibly other human rights issues, both achievable and lasting.