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Islam and Religious Freedom: the Experience of Religious Majorities and Minorities
SYMPOSIUM ISLAM AND RELIGIOUS FREEDOM: THE EXPERIENCE OF RELIGIOUS MAJORITIES AND MINORITIES Brett G. Scharffs* INTRODUCTION One of the most interesting stories in the history of religious freedom is the journey of the Catholic Church, from being perhaps the most powerful institution on earth opposed to religious freedom in the eighteenth and into the nineteenth centuries, to being perhaps the most powerful institution on earth in defense of religious freedom from the middle of the twentieth century and into the early decades of the twenty-first century.1 Whereas in most countries today there is a very high correlation between dominant religious majorities and a low degree of religious freedom, regardless of whether the religious majority is Orthodox Christian, Muslim, Buddhist, Jewish, or Hindu, there is a striking exception: in countries with large Catholic majorities, limitations on religious freedom—measured both in terms of legal restrictions and social hostilities—tend to be low or very low.2 In an article in the Notre Dame Law Review celebrating the fiftieth anniversary of Dignitatis Humanae, I documented this remarkable anomaly and suggested that this was due to the Catholic Church’s journey toward finding within its own religious tradition the theological resources for identifying freedom of religion as a basic component of human dignity and thus a fundamental human right.3 In a subsequent article, Andrea Pin (whose article Is There a Place for Islam in the West? © 2018 Brett G. Scharffs. Individuals and nonprofit institutions may reproduce and distribute copies of this Essay in any format, at or below cost, for educational purposes, so long as each copy identifies the author, provides a citation to the Notre Dame Law Review Online, and includes this provision and copyright notice. -
Introduction
Introduction FREDERIK PEDERSEN European society underwent fundamental changes during the millennium from 500 AD to 1500 AD. Ideas and practices of marriage differed in fundamental ways between the start and the end of the period. The Roman Empire and its successor states exhibited a multitude of kinship relations and household organizations, some based around a slave economy, others around polygamous marriages. Some allowed marriage partners to dissolve their marriages and others prohibited it. However, by 1500, throughout Europe, the basic family unit could be expected to be organized around a voluntary, monogamous, and lifelong conjugal unit, not only in Christian society, but also among Europe’s Jews. This cultural unity stretched from the farthest north to the Mediterranean and beyond, and it was the result of a multitude of factors. Some developments were caused by changes in relations of production, some were stimulated by theological discussions, and still others came about because of political considerations as kings, nobility and prelates discussed, challenged and refined the institution of marriage and its consequences. The interpretation of marriage in medieval Christian theology (which provided the ideological underpinnings of marriage legislation across Europe) differs profoundly from other cultures and religions in its insistence that marriage was not only a social, secular reality, but also a symbolic recreation of God’s relationship with His Church. For medieval Christians, marriage became a reflection of Christ’s union with the Church, and this interpretation provided the ideological foundations for marriage as exclusive, life-long, and indissoluble.1 Although this interpretation of human sexuality meant that marriage was an integral part of Christianity from the 2 beginning, the Church only decisively took on marriage law during a relatively short period between the eleventh and early thirteenth centuries. -
Licensing Act 2003 (C
Licensing Act 2003 (c. 17) 1 SCHEDULE 1 – Provision of regulated entertainment Document Generated: 2021-09-13 Changes to legislation: Licensing Act 2003 is up to date with all changes known to be in force on or before 13 September 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes SCHEDULES SCHEDULE 1 Section 1 PROVISION OF REGULATED ENTERTAINMENT PART 1 GENERAL DEFINITIONS The provision of regulated entertainment 1 [F1(1) For the purposes of this Act, the “provision of regulated entertainment” means the provision of entertainment of a description falling within paragraph 2 where the conditions in sub-paragraphs (2) and (3) are satisfied.] (2) The first condition is that the entertainment is F2... provided— (a) to any extent for members of the public or a section of the public, (b) exclusively for members of a club which is a qualifying club in relation to the provision of regulated entertainment, or for members of such a club and their guests, or (c) in any case not falling within paragraph (a) or (b), for consideration and with a view to profit. [F3(3) The second condition is that the premises on which the entertainment is provided are made available for the purpose, or for purposes which include the purpose, of enabling the entertainment concerned to take place.] [F4(4) For the purposes of sub-paragraph (2)(c), entertainment is to be regarded as provided for consideration only if any charge— (a) is made by or on behalf of any person concerned in the organisation or management of that entertainment, and (b) is paid by or on behalf of some or all of the persons for whom that entertainment is provided.] (5) In sub-paragraph (4), “charge” includes any charge for the provision of goods or services. -
Medieval Canon Law and Early Modern Treaty Law Lesaffer, R.C.H
Tilburg University Medieval canon law and early modern treaty law Lesaffer, R.C.H. Published in: Journal of the History of International Law Publication date: 2000 Link to publication in Tilburg University Research Portal Citation for published version (APA): Lesaffer, R. C. H. (2000). Medieval canon law and early modern treaty law. Journal of the History of International Law, 2(2), 178-198. General rights Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal Take down policy If you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediately and investigate your claim. Download date: 27. sep. 2021 178 Journal of the History of International Law The Medieval Canon Law of Contract and Early Modern Treaty Law Randall Lesaffer Professor of Legal History, Catholic University of Brabant at Tilburg; Catholic University of Leuven The earliest agreements between political entities which can be considered to be treaties date back from the third millennium B.C1. Throughout history treaties have continuously been a prime instrument of organising relations between autonomous powers. -
Groups, Governance and the Development of UK Alcohol Policy: an Adversarial Policy Communities Approach
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Online Repository of Birkbeck Institutional Theses Groups, governance and the development of UK alcohol policy: An Adversarial Policy Communities Approach Gareth Paul Barrett A thesis presented for the Degree of Doctor of Philosophy Department of Politics Birkbeck, University of London January 2020 1 Declaration of Work I certify that the thesis I have presented for examination for the PhD degree of the University of London is solely my own work other than where I have clearly indicated that it is the work of others. The copyright of this thesis rests with the author. Quotation from it is permitted, provided that full acknowledgement is made. This thesis may not be reproduced without my prior written consent. 2 Abstract The governance of UK alcohol policy looks like a textbook case of decision-making by a closed community of policymakers and industry insiders, but this thesis challenges this view. Drawing on Jordan and Richardson’s policy communities approach and Dudley and Richardson’s later work on adversarial policy communities, it examines the complex development of UK alcohol policy using archival sources, government and pressure group reports, news releases and historic media coverage going back over a century. The primary focus of this research is Westminster, but the importance of subnational policy communities is also considered through an examination of Scottish alcohol policy development. Through case studies of four key areas of UK alcohol policy – licensing, drink- driving, pricing and wider alcohol strategies – this thesis finds that the governance of UK alcohol policy is formed within policy communities, but ones that are much less closed and much more adversarial than traditionally thought. -
Groups, Governance and the Development of UK Al- Cohol Policy: an Adversarial Policy Communities Ap- Proach
ORBIT-OnlineRepository ofBirkbeckInstitutionalTheses Enabling Open Access to Birkbeck’s Research Degree output Groups, governance and the development of UK al- cohol policy: an adversarial policy communities ap- proach https://eprints.bbk.ac.uk/id/eprint/40473/ Version: Full Version Citation: Barrett, Gareth Paul (2020) Groups, governance and the de- velopment of UK alcohol policy: an adversarial policy communities ap- proach. [Thesis] (Unpublished) c 2020 The Author(s) All material available through ORBIT is protected by intellectual property law, including copy- right law. Any use made of the contents should comply with the relevant law. Deposit Guide Contact: email Groups, governance and the development of UK alcohol policy: An Adversarial Policy Communities Approach Gareth Paul Barrett A thesis presented for the Degree of Doctor of Philosophy Department of Politics Birkbeck, University of London January 2020 1 Declaration of Work I certify that the thesis I have presented for examination for the PhD degree of the University of London is solely my own work other than where I have clearly indicated that it is the work of others. The copyright of this thesis rests with the author. Quotation from it is permitted, provided that full acknowledgement is made. This thesis may not be reproduced without my prior written consent. 2 Abstract The governance of UK alcohol policy looks like a textbook case of decision-making by a closed community of policymakers and industry insiders, but this thesis challenges this view. Drawing on Jordan and Richardson’s policy communities approach and Dudley and Richardson’s later work on adversarial policy communities, it examines the complex development of UK alcohol policy using archival sources, government and pressure group reports, news releases and historic media coverage going back over a century. -
Abolishing the Crime of Public Nuisance and Modernising That of Public Indecency
International Law Research; Vol. 6, No. 1; 2017 ISSN 1927-5234 E-ISSN 1927-5242 Published by Canadian Center of Science and Education Abolishing the Crime of Public Nuisance and Modernising That of Public Indecency Graham McBain1,2 1 Peterhouse, Cambridge, UK 2 Harvard Law School, USA Correspondence: Graham McBain, 21 Millmead Terrace, Guildford, Surrey GU2 4AT, UK. E-mail: [email protected] Received: November 20, 2016 Accepted: February 19, 2017 Online Published: March 7, 2017 doi:10.5539/ilr.v6n1p1 URL: https://doi.org/10.5539/ilr.v6n1p1 1. INTRODUCTION Prior articles have asserted that English criminal law is very fragmented and that a considerable amount of the older law - especially the common law - is badly out of date.1 The purpose of this article is to consider the crime of public nuisance (also called common nuisance), a common law crime. The word 'nuisance' derives from the old french 'nuisance' or 'nusance' 2 and the latin, nocumentum.3 The basic meaning of the word is that of 'annoyance';4 In medieval English, the word 'common' comes from the word 'commune' which, itself, derives from the latin 'communa' - being a commonality, a group of people, a corporation.5 In 1191, the City of London (the 'City') became a commune. Thereafter, it is usual to find references with that term - such as common carrier, common highway, common council, common scold, common prostitute etc;6 The reference to 'common' designated things available to the general public as opposed to the individual. For example, the common carrier, common farrier and common innkeeper exercised a public employment and not just a private one. -
Gájer László XIII. Leó Pápa Megnyilatkozásainak
PÁZMÁNY PÉTER KATOLIKUS EGYETEM HITTUDOMÁNYI KAR Gájer László XIII. Leó pápa megnyilatkozásainak filozófiatörténeti előzményei (Különös tekintettel a vallásszabadságra) Dissertatio ad Doctoratum Témavezető: DDr. Rokay Zoltán Budapest 2013 Tartalomjegyzék Tartalomjegyzék .......................................................................................................................... 2 Irodalomjegyzék .......................................................................................................................... 4 Rövidítések ................................................................................................................................ 13 Bevezetés ................................................................................................................................... 14 I. Történeti előzmények ............................................................................................................. 19 1. Vallásszabadság a Szentírásban .......................................................................................... 19 1.1. Vallási türelem az Ószövetségben: Isten, istenek, kultuszok, hamis próféták ............... 19 1.2. Vallási türelem az Újszövetségben ............................................................................... 21 2. A patrisztikus kor ............................................................................................................... 26 2.1. Az Egyház és az állam viszonya az egyházatyák írásaiban a konstantini fordulat előtt .. 26 2.1.1. Tertulliánusz -
A Description of What Magisterial Authority Is When Understood As A
Cultural Heritage and Contemporary Change Series IV, Western Philosophical Studies, Volume 8 Series VIII, Christian Philosophical Studies, Volume 8 General Editor George F. McLean Towards a Kenotic Vision of Authority in the Catholic Church Western Philosophical Studies, VIII Christian Philosophical Studies, VIII Edited by Anthony J. Carroll Marthe Kerkwijk Michael Kirwan James Sweeney The Council for Research in Values and Philosophy Copyright © 2015 by The Council for Research in Values and Philosophy Box 261 Cardinal Station Washington, D.C. 20064 All rights reserved Printed in the United States of America Library of Congress Cataloging-in-Publication Towards a kenotic vision of authority in the Catholic Church / edited by Anthony J. Carroll, Marthe Kerkwijk, Michael Kirwan, James Sweeney. -- first edition. pages cm. -- (Cultural heritage and contemporary change. Christian philosophical studies; Volume VIII) Includes bibliographical references and index. 1. Authority--Religious aspects--Catholic Church. I. Carroll, Anthony J., 1965- editor of compilation. BX1753.T6725 2014 2014012706 262'.'088282--dc23 CIP ISBN 978-1-56518-293-6 (pbk.) TABLE OF CONTENTS Introduction: The Exercise of Magisterial Authority 1 in the Roman Catholic Church Anthony J. Carroll Part I: Authority in Biblical Sources Chapter I: “It Shall Not Be so among You”: Authority and 15 Service in the Synoptic Gospels Sean Michael Ryan Chapter II: Authority without Sovereignty: Towards 41 a Reassessment of Divine Power Roger Mitchell Part II: Sociological and Philosophical -
On Preaching the Gospel to People Like the American Indians
Fordham International Law Journal Volume 15, Issue 4 1991 Article 1 Francisco Suarez:´ On Preaching the Gospel to People Like the American Indians John P. Doyle∗ ∗ Copyright c 1991 by the authors. Fordham International Law Journal is produced by The Berke- ley Electronic Press (bepress). http://ir.lawnet.fordham.edu/ilj Francisco Suarez:´ On Preaching the Gospel to People Like the American Indians John P. Doyle Abstract In this Article, I will trace Suarez’s´ thoughts on the natural equality of all men as well as the natural character and equality of their republics. Then, in a context of natural law and the limits of state power, I will consider Suarez’s´ positions on the jus gentium (law of nations) and war. Next, I will consider Suarez’s´ divisions of non-Christians and his views on preaching the Gospel to people like the American Indians. ARTICLES FRANCISCO SUAREZ: ON PREACHING THE GOSPEL TO PEOPLE LIKE THE AMERICAN INDIANS John P. Doyle* INTRODUCTION * * As is well known, the century following Columbus's dis- covery of the New World was, for Spain, El Siglo de Oro (The Century of Gold). The appellation was well deserved. In just about every area, Spain led the way. Politically, first with the Catholic sovereigns Ferdinand and Isabella, and then with the Habsburg monarchies of the Emperor Charles V (1516-1556) and his son King Philip II (1556-1598), Spanish hegemony was at its zenith.' For most of the century, Spain's military might in Western Europe was unequalled. Its ability to project that might across thousands of sea-miles to the Americas, the Phil- ippine Islands, and the Far East was astonishing even as we contemplate it today. -
Separation of Church and State: a Theologically Liberal, Anti-Catholic, and American Principle Philip Hamburger
University of Chicago Law School Chicago Unbound Occasional Papers Law School Publications 2002 Separation of Church and State: A Theologically Liberal, Anti-Catholic, and American Principle Philip Hamburger Follow this and additional works at: http://chicagounbound.uchicago.edu/occasional_papers Part of the Law Commons Recommended Citation Philip Hamburger, "Separation of Church and State: A Theologically Liberal, Anti-Catholic, and American Principle," University of Chicago Law Occasional Paper, No. 43 (2002). This Working Paper is brought to you for free and open access by the Law School Publications at Chicago Unbound. It has been accepted for inclusion in Occasional Papers by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. OCCASIONAL PAPERS FROM THE LAW SCHOOL THE UNIVERSITY OF CHICAGO NUMBER 43 2002 Occasional Papers from The University of Chicago Law School Number 43 November 2002 Separation of Church and State A Theologically Liberal, Anti-Catholic, and American Principle By Philip Hamburger John P. Wilson Professor of Law 'A Theologically Liberal, Anti-Catholic, andAmerican Principle"isan excerptfrom Separation of Church and State by Philip Hamburger,Harvard University Press, 2002. @ 2002 INTRODUCTION This Occasional Paper reproduces a chapter from Professor Philip Hamburger's new book, Separation of Church and State, published in the summer of 2002 by Harvard University Press. The book argues that during the past two centuries the adoption of the idea of separa- tion between church and state has transformed American conceptions of the religious liberty guaranteed by the First Amendment. Many Americans take the idea of separation between church and state for granted. -
Canon Law in Medieval Russia: the Kormchaia Kniga As a Source of Law
Canon Law in Medieval Russia: The Kormchaia kniga as a Source of Law Rosanne Gretchen Mulcahy A thesis submitted in partial hilfiUment of a degree of Master of Pliilosophy at the University of London University College London December 2001 ProQuest Number: 10014732 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. uest. ProQuest 10014732 Published by ProQuest LLC(2016). Copyright of the Dissertation is held by the Author. All rights reserved. This work is protected against unauthorized copying under Title 17, United States Code. Microform Edition © ProQuest LLC. ProQuest LLC 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106-1346 CONTENTS Title Page 1 Abstract 2 Contents 3 Introduction 4 Part I. An Examination of Canon Law Collections and the Russian Kormchaia kniga as a Means to Determine How Russia Compares with other Models o f Medieval Christian Societies 1. Eastern and Western canonical collections and their significance in systems of canon law with reference to Roman Law 25 2. The History of the Kormchaia biiga 54 Part II An Examination of The Role of Byzantine Civil Ecclesiastical Legislation Cofitained in the Kormchaia kniga, the Russian Princely Statues and Russian Immunity Charters as they Supported a Constitutional Relationship Between Church and State in Russia 3. Byzantine Law in Chapter 42 of the Kormchaia kniga: The Collection o f Eighty-Seven Chapters As it Related to the Special Privileges of the Russian Church 75 4.