Religious rules, state law, and normative pluralism : a comparative overview, Ius Comparatum-Global Studies in Comparative

Abstract

This book is devoted to the study of the interplay between religious rules and State law. It explores how State recognition of religious rules can affect the degree of legal diversity that is available to citizens and why such recognition sometime results in more individual and collective freedom and sometime in a threat to equality of citizens before the law. The first part of the book contains a few contributions that place this discussion within the wider debate on legal pluralism. While State law and religious rules are two normative systems among many others, the specific characteristics of the latter are at the heart of tensions that emerge with increasing frequency in many countries. The second part is devoted to the analysis of about twenty national cases that provide an overview of the different tools and strategies that are employed to manage the relationship between State law and religious rules all over the world. State Norms, Religious Norms, and Claims of Plural Normativity under Democratic Constitutions / Graziadei, Michele -- Anthropological Perspectives on the Normative and Institutional Recognition of Religion by the Law of the State / Ramstedt, Martin -- Legal Pluralism : Freedom of Religion, Exemptions and the Equality of Citizens / Turner, Bryan S. -- Religious Rules Under Austrian State Law / Wieshaider, Wolfgang -- Religious Rules and Principles in Belgian Law / Christians, Louis-Léon, and Overbeeke, Adrian -- Relationship Between Religion and State in Brazilian Law / Pereira, Jane Reis Gonçalves -- Colombian Legal System : Applicable Religious Rules / Prieto, Vicente -- Accommodation of Religious Rules in Estonian Law and Practice / Kiviorg, Merilin -- France Face à Ses Religions / Robert, Jacques -- Interplay Between State Law and Religious Law in Germany / Augsberg, Ino, and Korioth, Stefan -- Borders of Religious Autonomy in Hungary / Schanda, Balázs -- Application of Religious Law in a Multi-Religion Nation State : The Israeli Model / Maoz, Asher -- Modifications et Contradictions de la Réalité Socioreligieuse en Italie : Profiles Juridiques et Sociales / Mazzola, Roberto -- Legal Pluralism and Conflicts in Malaysia : The Challenge of Embracing Diversity / Chew Li Hua, Nurjaanah -- Status and Implementation of Islamic Law in Malaysia / Adil, Mohamed Azam Mohamed, and Nisar Mohammad -- Religious Rules and the Law of the Dutch State / Bijsterveld, Sophie -- Portugal : Religious Rules and State Law / Adragão, Paulo Pulido, and Leao, Anabela -- Application des Règles Religieuses dans le Système Juridique du Québec / Fathally, Jabeur -- Managing Religion Through Religious Harmony : The Case of Singapore / Jamal, Arif A. -- Religion and the Constitutional Experience of South Africa / Coertzen, Pieter -- Striking the Balance Between Religious Rules and State Law : Spain / Martínez-Torrón, Javier -- Religion and Law in Twenty-First Century England : Tradition and Diversity / Holm, Søren, and Oliva, Javier García -- In Pursuit of Pluralism / Sandberg, Russell.