769 resultados para Religion and law.


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The links between Presbyterians in Scotland and the north of Ireland are obvious but have been largely ignored by historians of the nineteenth century. This article addresses this gap by showing how Ulster Presbyterians considered their relationship with their Scottish co-religionists and how they used the interplay of religious and ethnic considerations this entailed to articulate an Ulster Scots identity. For Presbyterians in Ireland, their Scottish origins and identity represented a collection of ideas that could be deployed at certain times for specific reasons – theological orthodoxy, civil and religious liberty, and certain character traits such as hard work, courage, and soberness. Ideas about the Scottish identity of Presbyterianism were reawakened for a more general audience in the first half of the nineteenth century, during the campaign for religious reform and revival within the Irish church, and were expressed through a distinctive denominational historiography inaugurated by James Seaton Reid. The formulation of a coherent narrative of Presbyterian religion and the improvement of Ulster laid the religious foundations of a distinct Ulster Scots identity and its utilization by unionist opponents of Home Rule between 1885 and 1914.

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This paper explores the relevance of Pierre Bourdieu’s ‘epistemic reflexivity’ for the sociology of religion, in particular by examining his neglected address to the French Association for the Sociology of Religion in 1982. Whilst sociologists of religion have addressed some issues of reflexivity in their practice, less attention has been paid to the crucial scientific requirement, highlighted by Bourdieu, to break from the ‘illusio’ of that field and thus avoid alignments with positions taken by religious actors themselves. As a result, many sociologists inevitably participate in religious contestations and stakes, whether or not they affirm or deny their own religious identification with those they study. Although Bourdieu’s address was a response to a particular national and historical form of the sociology of religion, we argue that it retains much significance today and may lead to fruitful debate within the discipline.

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Negotiating the boundaries of the secular and of the religious is a core aspect of modern experience. In mid-nineteenth-century Germany, secularism emerged to oppose church establishment, conservative orthodoxy, and national division between Catholics, Protestants, and Jews. Yet, as historian Todd H. Weir argues in this provocative book, early secularism was not the opposite of religion. It developed in the rationalist dissent of Free Religion and, even as secularism took more atheistic forms in Freethought and Monism, it was subject to the forces of the confessional system it sought to dismantle. Similar to its religious competitors, it elaborated a clear worldview, sustained social milieus, and was integrated into the political system. Secularism was, in many ways, Germany's fourth confession. While challenging assumptions about the causes and course of the Kulturkampf and modern antisemitism, this study casts new light on the history of popular science, radical politics, and social reform.

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Are anarchy and the law antithetical? Not so, as for more than 350 years international law has governed a legal order based on anarchy; wherein no central authority exists and law functions not on the basis of coercion but on cooperation whereby States must agree to each specific laws before it is bound by its obligations. This article contemplates two manners in which an anarchist might consider international law interesting: first, as a legal system which governs an anarchical society as described by Hedley Bull in line with the English School of International Relations; and second, as a manifestation of a State system which, though illegitimate can be utilized, as Noam Chomsky does, for tactical reasons to demonstrate its inconsistencies and thus weakening the system with the ultimate aim being its implosion

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In June and November 2000, the European Parliament and the Council adopted two Directives referring to ‘the principle of equal treatment irrespective of’ in their title, one relating to racial and ethnic origin, the other to disability, age, religion and belief or sexual orientation. A thorough reform of Directive 76/207/EEC on the principle of equal treatment for women and men in employment matters is pending between the European Parliament's second reading and adoption while this is written. Community secondary legislation on equal treatment of persons has thus expanded in scope and number of reasons which must not serve as starting points for differentiation. Does this signify progress in legal protection against personal discrimination? While not providing a ready answer, this article proposes an analytical framework to answer this question, concentrating on conceptions of equality in general and in particular on the problems multi-dimensional discrimination might pose for the law.

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This book contributes to a critical reflection of current legislative and jurisprudential developments in Non-Discrimination Law, focusing on the European Union. The book is focused on intersectionality between gender, race and disability and the question of whether, and to what extent, this intersection can be adequately addressed in (EU) law. The discussion rests on two basic assumptions. First, the multiplication of 'discrimination grounds' in EU law and other legal regimes should not result in a dilution of the demands of equality law. Accordingly, the book focuses on the three key grounds - race, gender and disability. These constitute nodes around which other discrimination grounds can be grouped. Second, any multi-ground non-discrimination law framework needs to engage with the question of discrimination on several grounds. This book provides a critical evaluation of some of the problems presented by such intersectionality and an opportunity to explore the issues in depth. This collection offers some new proposals relating to the regrouping of identity categories and to the general approach to socio-legal research in the field. It also contains a comparative section, which expands on practical experiences with intersectionality and law, and a section dedicated to juridical responses to intersectionality.

The book will be a valuable resource for researchers, academics and those working in the area of EU non-discrimination law and policy.

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On 10 October 2002, and on 24 September 2003, the German Federal Labour Court and the German Federal Constitutional Court each delivered a decision on the consequences of wearing a headscarf for employees. Both courts appeared to protect the individual rights of the woman in question. The Federal Labour Court invalidated the dismissal of a salesperson based on the wearing of a headscarf; the Federal Constitutional Court held that a school teacher must not be denied employment on grounds of wearing a headscarf. However, both courts also left some room for manoeuvre in favour of clothing policies or laicism principles which could be used to justify head-scarf bans. This note discussed the potential and drawback of these cases, especially as regards intersectional inequalities along the lines of gender, religion and ethnicity.

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In exploring the connections between religion, violence and cities, the book probes the extent to which religion moderates or exacerbates violence in an increasingly urbanised world. Originating in a five year research project , Conflict in Cities and the Contested State, concerned with Belfast, Jerusalem and other ethno-nationally divided cities, this volume widens the geographical focus to include diverse cities from the Balkans, the Middle East, Nigeria and Japan. In addressing the understudied triangular relationships between religion, violence and cities, contributors stress the multiple forms taken by religion and violence while challenging the compartmentalisation of two highly topical debates – links between religion and violence on the one hand, and the proliferation of violent urban conflicts on the other hand. Their research demonstrates why cities have become so important in conflicts driven by state-building, fundamentalism, religious nationalism, and ethno-religious division and illuminates the conditions under which urban environments can fuel violent conflicts while simultaneously providing opportunities for managing or transforming them.

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The catalyst for this special issue was a symposium entitled Religion, Violence and Cities, held under the auspices of a five year inter-disciplinary research project on ethno-nationally divided cities.

While this project expressly addressed cities divided by ethno-national conflict, it was clear from the beginning that there was an important religious dimension to such conflicts in most, if not all, the cities being studied.2 The rationale of the Special Issue is to examine how this religious dimension exacerbates (or moderates) urban violence within a broad comparative context. Although three of the following articles are informed by Project research, we draw the net wider to encompass a broader geographical spread from the Balkans, the Middle East, Nigeria and Japan.

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Since 11 September 2001, the religious dimension of conflict has been the focus of increasing attention. In The Clash of Civilizations, Huntington has identified the West in religious-cultural terms, as Christian with a dominant democratic culture emphasizing tolerance, moderation and consensus. The persistence of conflict in Northern Ireland among 'White' Protestant and Catholic Christians undermines this simplistic argument and demands a more subtle understanding of the role of religion and fundamentalism in contemporary conflict. Modernization theory - which is echoed among some theorists of globalization - had predicted the declining importance of religion as the world became industrialized and increasingly interconnected. This is echoed by those who argue that the Northern Ireland conflict is 'ethno-national' and dismiss the role of religion. On the other hand, others have claimed that the conflict is religious and stress the role of Protestant fundamentalism. This article draws on new evidence from Northern Ireland of the complex and subtle ways in which religion impacts on the conflict there, incorporating insights about the pragmatism of fundamentalist Protestants and how religious actors are contributing to conflict transformation. This analysis leads to three broader conclusions about understanding conflicts with religious dimensions. First, the complexity of religion must be understood, and this includes a willingness to recognize the adaptability of fundamentalisms to particular contexts. Second, engaging with fundamentalists and taking their grievances seriously opens up possibilities for conflict transformation. Third, governments and religious actors within civil society can play complementary roles in constructing alternative (religious) ideologies and structures as part of a process of transformation. In a world in which the impact of religion is persistent, engaging with the religious dimension is a vital part of a broader-based strategy for dealing with conflict. © 2008 Journal of Peace Research.