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Law, Religion, and Freedom: Conceptualizing a Common Right (ICLARS Series on Law and Religion)
by W. Cole Durham, Jr., Javier Martínez-Torrón, and Donlu ThayerThis book examines major conceptual challenges confronting freedom of religion or belief in contemporary settings. The volume brings together chapters by leading experts from law, religious studies, and international relations, who provide perspectives from both sides of the Atlantic. At a time when the polarization of ‘culture wars’ is aggravating tensions between secular and religious views about accommodating the conscientious claims of individuals and groups, and when the right to freedom of religion itself is facing misunderstanding and erosion, the work provides welcome clarity and depth. Some chapters adopt a primarily conceptual and historical approach; others analyze particular difficulties or conflicts that have emerged in European and American jurisdictions, along with concrete applications and recommendations for the future. The book will be a valuable resource for students, academics, and policy-makers with an interest in law, religion, and human rights.
Law, Religion, and Health in the United States
by Cohen Lynch Holly Fernandez I. Glenn Elizabeth SepperWhile the law can create conflict between religion and health, it can also facilitate religious accommodation and protection of conscience. Finding this balance is critical to addressing the most pressing questions at the intersection of law, religion, and health in the United States: should physicians be required to disclose their religious beliefs to patients? How should we think about institutional conscience in the health care setting? How should health care providers deal with families with religious objections to withdrawing treatment? In this timely book, experts from a variety of perspectives and disciplines offer insight on these and other pressing questions, describing what the public discourse gets right and wrong, how policymakers might respond, and what potential conflicts may arise in the future. It should be read by academics, policymakers, and anyone else - patient or physician, secular or devout - interested in how US law interacts with health care and religion.
Law, Religion and Homosexuality
by Paul Johnson Robert VanderbeckLaw, Religion and Homosexuality is the first book-length study of how religion has shaped, and continues to shape, legislation that regulates the lives of gay men and lesbians . Through a systematic examination of how religious discourse influences the making of law – in the form of official interventions made by faith communities and organizations, as well as by expressions of faith by individual legislators – the authors argue that religion continues to be central to both enabling and restricting the development of sexual orientation equality. Whilst some claim that faith has been marginalized in the legislative processes of contemporary western societies, Johnson and Vanderbeck show the significant impact of religion in a number of substantive legal areas relating to sexual orientation including: same-sex sexual relations, family life, civil partnership and same-sex marriage, equality in employment and the provision of goods and services, hate speech regulation, and education. Law, Religion and Homosexuality demonstrates the dynamic interplay between law and religion in respect of homosexuality and will be of considerable interest to a wide audience of academics, policy makers and stakeholders.
Law, Religion and Love: Seeking Ecumenical Justice for the Other (Law and Religion)
by Paul Babie Vanja-Ivan SavićIncreasingly, the modern neo-liberal world marginalises any notion of religion or spirituality, leaving little or no room for the sacred in the public sphere. While this process advances, the conservative and harmful behaviours associated with some religions and their adherents exacerbate this marginalisation by driving out those who remain religious or spiritual. And all of this is seen through the lens of social science, which seems to agree that religion remains important, if not in spiritual sense, at least as a source of folklore and a means of identification: religions remain rooted in the societies from which they emerged, and the legal systems of many of those societies emerged from religious sources, even if those societies remain unwilling to admit that fact. In the modern materialistic world of conformity, religion is less a source of guidance than a label of identification. The world therefore faces two issues. First, the decreasing level of spirituality in the ‘West’ widens the gap between worshippers and those who have left their faith (eg agnostics and atheists, or those who look at religion as a matter of ‘picking and choosing’ from a range of options). And, second, the strong connections to religion which remain in many nations, but which are often misused in the secular public sphere (both in the West and internationally). In such divided worlds, both religious and secular forces tend to lock themselves into closed groupings of ‘pure truth’ and in so doing increase the level of disagreement, in turn producing radicalism. In short, the modern world is divided in two ways: between religious and non-religious (although some have argued that the non-religious secular is itself a form of civil religion), and between those subscribing to divergent understandings of the same religious tradition. While hyperbolic and histrionic, the term ‘culture wars’ nonetheless best captures what we see happening in the public sphere today. The question emerges, then: how best to accommodate the democratic principle which posits that the majority should feel that it lives in a society of its own with the human rights principle, holding that is necessary to ensure the full protection of the minority’s rights? How to balance these seemingly opposed principles? We are very familiar with the differences that appear between secular and sacred in the modern world; yet, what of the similarities amongst scriptures and laws which seek to encourage mutual understanding, cooperation and even cohabitation? Because religion itself is a source of law, a set of exhortations or commands as much as a set of rights, every major religion offers an approach to encountering ‘the Other’ in a positive, constructive, affirming way; and it is here that religions reveal much that they have in common. This book draws together the work of scholars engaged in exploring the possibilities for a ‘utopian’ world in the sense fostered by St Thomas More. The essays explore those dimensions of religious and civil law where ‘love’ – however that is defined by relevant texts – fosters and encourages acceptance of ‘the Other’ and will offer perspectives on the ways in which religious or civil/state law command one to act in the spirit of ‘love’.
Law, Religion and Tradition (Law and Religion in a Global Context #1)
by Jessica Giles Andrea Pin Frank S. RavitchThis book explores different theories of law, religion, and tradition, from both a secular and a religious perspective. It reflects on how tradition and change can affect religious and secular legal reasoning, identifying the patterns of legal evolution within religious and secular traditions.It is often taken for granted that, even in law, change corresponds and correlates to progress – that things ought to be changed and they will necessarily get better. There is no doubt that legal changes over the centuries have made it possible to enhance the protection of individual rights and to somewhat contain the possibility of tyranny and despotism. But progress is not everything in law: stability and certainty lie at the core of the rule of law. Similarly, religions and religious laws could not survive without traditions; and yet, they still evolve, and their evolution is often intermingled with secular law.The book asks (and in some ways answers) the questions: What is the role of tradition within religions and religious laws? What is the impact of religious traditions on secular laws, and vice-versa? How are the elements of tradition to be identified? Are they the same within the secular and the religious realm? Do secular law and religious law follow comparable patterns of change? Do their levels of resilience differ significantly? How does the history of religion and law affect changes within religious traditions and legal systems?The overall focus of the book addresses the extent to which tradition plays a role in shaping and re-shaping secular and religious laws, as well as their mutual boundaries.
Law, Religion, Constitution: Freedom of Religion, Equal Treatment, and the Law
by Silvio Ferrari W. Cole Durham Cristiana Cianitto Donlu ThayerWhat is the place assigned to religion in the constitutions of contemporary States? What role is religion expected to perform in the fields that are the object of constitutional regulation? Is separation of religion and politics a necessary precondition for democracy and the rule of law? These questions are addressed in this book through an analysis of the constitutional texts that are in force in different parts of the world. Constitutions are at the centre of almost all contemporary legal systems and provide the principles and values that inspire the action of the national law-makers. After a discussion of some topics that are central to the constitutional regulation of religion, the book considers a number of national systems covering countries with a variety of religious and cultural backgrounds. The final section of the book is devoted to the discussion of the constitutional regulation of some particularly controversial issues, such as religious education, the relation between freedom of speech and freedom of religion, abortion, and freedom of conscience.
Law, Resources and Time-Space Constructing: Internal Evolutionary Logic for Chinese Judiciary During the 19th Century
by Zhang ShimingThis book studies the judicial evolution of the Qing Dynasty. It sums up the changes from six major aspects: 1. Banfang（班房）emerged in the late Qianlong period; 2. The opening of capital appeals（京控）early in Jiaqing’s reign; 3. The consular jurisdiction was established during Daoguang’s reign; 4. The execution on the spot （就地正法）was started in Daoguang and Xianfeng periods; 5. The introduction of fashenju (发审局，a interrogatory court) happened during Tongzhi’s reign; 6. Late in Guangxu’s reign, banishment was abolished, and reforms were made for prisons. In the past, people did not have a comprehensive understanding of these big changes. From the perspective of legal culture, scholars often criticize traditional Chinese law focuses on criminal law while ignores civil law in terms of legal culture, but this situation can be explained in part by the inadequate allocation of resources and authoritarian resources in traditional societies. Using a large number of archives and precious materials such as private notes that were not noticed by academics in the past, this book adopts the research path of new historical jurisprudence to explore the inner logic of judicial evolution in the Qing Dynasty, focusing on the triangular connection between legal rules, resources, and temporal and spatial constructions, which is an important contribution to the study of traditional Chinese law.
Law, Responsibility and Vulnerability: State Accountability and Responsiveness (Gender in Law, Culture, and Society)
by James Gallen Tanya Ní MhuirthileThis book addresses how law and public policy cause or exacerbate vulnerability in individuals and groups. Bringing together scholars, judges and practitioners, it identifies how individuals and groups can become vulnerabilised through the operation of law, and examines how the State can acknowledge and remedy that impact. The book offers not only a theoretical, ethical and normative conception of vulnerability in law, but also an evaluation of the diverse practices of responding to vulnerability in law through accountability mechanisms and public campaigns. The analysis of vulnerability contained in this volume is enhanced by the common use of Ireland as a case study. Despite the robust rights protections available at national, regional and international level, Ireland remains a State where at risk people have experienced vulnerability across a range of thematic areas, such as criminal law, migration and asylum, historical abuse, LGBTI rights and austerity. Drawing on comparative analyses and a consideration of the role of international law in domestic settings, this book offers a comparison of diverse national and transnational attempts to ensure State accountability and responsiveness to legally created vulnerabilities. The book demonstrates lessons learned from theory and practice regarding how vulnerability can be experienced by individuals and groups, structured by law and addressed through legal and political action. This book will be of considerable interest to socio-legal and "law and society" scholars, as well as others working in international human rights, jurisprudence, philosophy, legal theory, political theory, feminist theory, and ethics.
Law, Rights and Ideology in Russia: Landmarks in the Destiny of a Great Power
by Bill BowringLaw, Rights and Ideology in Russia: Landmarks in the destiny of a great power brings into sharp focus several key episodes in Russia’s vividly ideological engagement with law and rights. Drawing on 30 years of experience of consultancy and teaching in many regions of Russia and on library research in Russian-language texts, Bill Bowring provides unique insights into people, events and ideas. The book starts with the surprising role of the Scottish Enlightenment in the origins of law as an academic discipline in Russia in the eighteenth century. The Great Reforms of Tsar Aleksandr II, abolishing serfdom in 1861 and introducing jury trial in 1864, are then examined and debated as genuine reforms or the response to a revolutionary situation. A new interpretation of the life and work of the Soviet legal theorist Yevgeniy Pashukanis leads to an analysis of the conflicted attitude of the USSR to international law and human rights, especially the right of peoples to self-determination. The complex history of autonomy in Tsarist and Soviet Russia is considered, alongside the collapse of the USSR in 1991. An examination of Russia’s plunge into the European human rights system under Yeltsin is followed by the history of the death penalty in Russia. Finally, the secrets of the ideology of ‘sovereignty’ in the Putin era and their impact on law and rights are revealed. Throughout, the constant theme is the centuries long hegemonic struggle between Westernisers and Slavophiles, against the backdrop of the Messianism that proclaimed Russia to be the Third Rome, was revived in the mission of Soviet Russia to change the world and which has echoes in contemporary Eurasianism and the ideology of sovereignty.
Law School: How to Get in, Get Through, and Get Practicing
by Michael J. Reppas II<p>Filled with personal anecdotes about his law school years, Law School, How to Get in, Get Through, and Get Practicing, by Michael J. Reppas II, Esq., offers all future law students a peek into the ever-surprising, nerve-racking, adventure known as law school, where no book is left unturned and no hour spent resting. This is your law school guide from start to finish. <p>You'll laugh at the author's own experiences as a fledgling one-L and read how he gains the confidence and skill to land a spot at the prestigious Law Review, get published, get awards, pass the bar, and become an attorney. You'll be entertained while gaining valuable insight into what it really takes to get into law school, get through it, and get practicing! <p>Your first mistake before going to law school would be to not read this book! Your second mistake would be to not read this book a second time. When you're finished you'll want to experience it all for yourself.</p>
Law School 101
by R. Stephanie GoodEverything you need to know to excel in your first year of law school and beyond. Whether you are thinking about law school, have already applied and been accepted, or started your first year, you need to know what to expect in law school and how to succeed. Law School 101 gives an honest look at the law school experience from someone who has been there, and tells students what they should really expect. It also helps students develop the skills necessary to survive the challenges and excel in their program. It includes the survival skills you need in key areas, including: Handling the pressure of law school What to expect from your classes and professors How to study for and pass your law school exams Job information for first and second year students Avoid common pitfalls, decode law school myths, and achieve your dream.
The Law School Bible: How Anyone Can Become a Lawyer... Without Ever Setting Foot in a Law School! ... Unless You Really Want To
by Peter J. LoughlinThe Law School Bible is for anyone who aspires to become a lawyer, but cannot pursue a traditional law school education.
Law School Confidential: A Complete Guide to the Law School Experience: By Students, for Students
by Robert H. MillerI WISH I KNEW THEN WHAT I KNOW NOW!Don't get to the end of your law school career muttering these words to yourself! Take the first step toward building a productive, successful, and perhaps even pleasant law school experience--read this book!Written by students, for students, Law School Confidential has been the "must-have" guide for anyone thinking about, applying to, or attending law school for more than a decade. And now, in this newly revised third edition, it's more valuable than ever. This isn't the advice of graying professors or battle-scarred practitioners long removed from law school. Robert H. Miller has assembled a blue-ribbon panel of recent graduates from across the country to offer realistic and informative firsthand advice about what law school is really like.This updated edition contains the very latest information and strategies for thriving and surviving in law school--from navigating the admissions process and securing financial aid, choosing classes, studying and exam strategies, and securing a seat on the law review to getting a judicial clerkship and a job, passing the bar exam, and much, much more. Newly added material also reveals a sea change that is just starting to occur in legal education, turning it away from the theory-based platform of the previous several decades to a pragmatic platform being demanded by the rigors of today's practices.Law School Confidential is a complete guide to the law school experience that no prospective or current law student can afford to be without.
Law School Confidential
by Robert M. MillerIt provides a comprehensive, chronological account of what to expect at every stage of law school experience. This new, completely revised and updated edition contains the very latest information and strategies for thriving in law school.
The Law School Decision Game: A Playbook for Prospective Lawyers
by Ann K. LevineWhether you’re considering law school or are already committed, "The Law School Decision Game: A Playbook for Prospective Lawyers" explains your choice to enter the legal profession with the candor readers have come to expect from Ann Levine's Law School Expert blog including: <p><p>•What lawyers do, how much money they make, and how hard they work. <p>•What’s important in choosing a law school. <p>•What BigLaw is really like.•What to consider before taking on student loan debt in today's job market. <p>•What you can do now to increase your likelihood of getting hired later. <p>•What is important in choosing an area of specialization. <p>•What you need to know and do in law school and in the first few years of your career to set yourself up for success.
Law School Essays That Made a Difference
by Eric OwensOne of the best ways to stand out in a crowd of applicants to law school is to write an exceptional personal statement. Law School Essays That Made a Difference, 3rd Edition, contains 70 real application essays as well as interviews with admissions pros and with students who've been through the process and made it to law school.
Law School Essays That Made a Difference, 5th Edition
by Princeton ReviewStand out in a crowd of law school applicants with an outstanding personal statement. Law schools are receiving more applications than ever with high LSAT scores and excellent grades. To get in, you also need a personal statement that shines. The fifth edition of Law School Essays That Made a Difference gives you the tools to do just that. It includes: * 70 real essays written by 62 unique future lawyers attending Columbia, Cornell, Duke, Georgetown, Harvard, Northwestern, Vanderbilt, Yale, and other top law schools--along with each applicant's test scores, GPA, and admissions profile * An overview of law school admissions and a "crash course" in prepping your application * Insider advice: Interviews with admissions pros at Berkeley, Cornell, Duke, Georgetown, Northwestern, Texas Tech, UCLA, University of Kansas, University of Michigan, UPenn, University of Richmond, and William & Mary Law School Essays That Made a Difference, 5th Edition includes essays written by students who enrolled at the following schools:Amherst CollegeBard CollegeBarnard CollegeBoston CollegeBrown UniversityBryn Mawr CollegeCalifornia Institute of TechnologyClaremont McKenna CollegeCornell UniversityDartmouth CollegeDuke UniversityEmerson CollegeFranklin W. Olin College ofEngineeringGeorgetown UniversityHarvard CollegeMassachusetts Institute ofTechnologyMiddlebury CollegeNew College of FloridaNew York UniversityNorthwestern UniversityPomona CollegePrinceton UniversityRice UniversitySmith CollegeStanford UniversitySwarthmore CollegeUniversity of California--San DiegoUniversity of Notre DameUniversity of PennsylvaniaWashington and Lee UniversityWellesley CollegeWesleyan UniversityYale University
Law School Essays That Made a Difference, 6th Edition
by Princeton ReviewThe inside word on law school admissions.To get into a top law school, you need more than high LSAT scores and excellent grades--you also need a personal statement that shines. Law School Essays That Made a Difference, 6th Edition, gives you the tools to craft just that. This book includes:* 70 real essays written by 63 unique law students attending Columbia, Harvard, Northwestern, Vanderbilt, and other top law schools--along with each applicant's test scores, GPA, and admissions profile * An overview of law school admissions and tips for prepping your applications* Insider advice: Interviews with admissions pros at 17 top law schools, including Berkeley, Northwestern, UCLA, and many moreLaw School Essays That Made a Difference, 6th Edition, includes essays written by students who enrolled at the following law schools:American University Washington College of LawBoston College Law SchoolBoston University School of LawColumbia University School of LawCornell University School of LawDuke University School of LawEmory University School of LawGeorgetown University Law CenterHarvard University Law SchoolNew York University School of LawNorthwestern University School of LawThe University of Chicago Law SchoolUniversity of Michigan Law SchoolUniversity of Pennsylvania Law SchoolUniversity of Virginia Law SchoolYale University Law SchoolFrom the Trade Paperback edition.
Law School Exams: Preparing and Writing to Win
by Charles CallerosOverview Law School Study Techniques Preparing for Exams Taking Law School Exams
Law School For Dummies
by Rebecca Fae GreeneThe straightforward guide to surviving and thriving in law school Every year more than 40,000 students enter law school and at any given moment there are over 125,000 law school students in the United States. Law school's highly pressurized, super-competitive atmosphere often leaves students stressed out and confused, especially in their first year. Balancing life and schoolwork, passing the bar, and landing a job are challenges that students often need help facing. In Law School For Dummies, former law school student Rebecca Fae Greene uses straight talk, sound advice, and gentle humor to help students sort through the swamp of coursework and focus on what's important-all while maintaining a life. She also offers rare insight on the law school experience for women, minorities, non-traditional, and non-Ivy League students.
The Law School - Global Issues, Local Questions: Global Issues, Local Questions (Routledge Revivals)
by Fiona CownieFirst published in 1999, this international collection of essays on legal education addresses the following issues: The Law School and the University. Research into legal education has often been regarded as a marginal activity as compared with research into substantive areas of law. However, recent years have seen a growing interest in discussions about the purpose of the university law school and the ways in which law is taught within it. Are we educating professional lawyers or legal scholars? What do we really mean when we say we want to offer ‘a liberal education in the law’? What effect are the current changes in higher education funding and policy having on law schools and what takes place within them? The international group of scholars who have contributed to this collection come from very different jurisdictions, but they have written about topics which, while they have local resonances, are of concern globally. Global Issues, Local Questions addresses matters which concern all law teachers, whatever their field of substantive legal expertise.
Law School Without Fear: Strategies For Success
by Helene Shapo Marshall ShapoWith a total of 50 years of experience teaching law school between them, the authors of Law School Without Fear offer law students strategies for coping with law school successfully and advice on how to get the most out the law school experience. The book discusses in simple terms what students need to know about law school, covering common problems that law students encounter and solutions to those problems. Topics covered include briefing a case, precedent and how to use it, balancing competing interests and factors, legal writing, and psychological tips for the study of law. Special features include a comprehensive approach to the first year, from the bewildering first day of class through examinations; advice on how to study, how to deal with the classroom experience, and how to take exams; wonderfully brief summaries of fundamental ideas of policy common to almost all law classes; and glossary of frequently used words and phrases.
Law, Security and Migration: The Nationalistic Turn in the International Order
by Laura Planas GifraThis book analyzes the impact of the increasing securitization of migration within the international legal and political order.Migration has increasingly become a security issue. Examining this tendency towards the securitization of migration around the world, this book argues that it is indicative of a shift in the international order towards geopolitical and security strategies, and away from cooperation and multilateralism. States are now more inclined to produce national legislation in the fields of countering terrorism, migration, and security, than dealing with such global issues through international cooperation and international norm-making. As such, this book demonstrates, they tend to prioritize national rather than international interests in a radical shift away from the universal rights and liberal values that were dominant at the end of the 20th century, to a model based on geopolitical interests. The securitization of migration is a process that not only affects the rights of migrants, but ushers in a new international legal and political order.This book will be of considerable interest to scholars and professionals in the fields of international law, international relations, migration, security, and human rights.
Law, Security and the State of Perpetual Emergency
by Linda S. BishaiPresenting diverse contributors from legal, academic, and practitioner sectors, this book illustrates how the distinctions between international and domestic law are falling away in the context of security, particularly in the responses to terrorism, and explores the implications of these dramatic shifts in the normative order. Fundamental changes in the powers of the state and the rights of populations have accelerated since the globalized response to 9/11, creating effects that spread beyond borders and operate in a new, as yet under-conceptualized space. Although these altered practices were said to be in response to exceptional circumstances — a response to terrorism — they have become increasingly established in an altered baseline norm. This book explores the (inter)national implications of exceptional legal efforts to protect states’ domestic space in the realm of security.
Law, Selfhood and Feminist Philosophy: Monstrous Aberrations
by Janice RichardsonAt the intersection of law, feminism and philosophy, this book analyses the ways in which certain bodies and ‘selves’ continue to be treated as monstrous aberrations from the ‘ideal’ figure or norm. Employing contemporary feminist philosophy to rethink accepted legal ideas, the book is divided into three sections. The first focuses on the different relational ontologies of philosophers Adriana Cavarero and Christine Battersby – also considering their work via a third term: Spinoza. The second turns to diverse feminist engagements with the social contract theorists. The third section employs insights from throughout the book to focus more explicitly on law – and, in particular privacy law and the so-called ‘wrongful birth’ cases. Bringing together more than twenty years of sustained reflection, this book offers an insightful account of how contemporary feminist philosophy can contribute to a richer understanding of law. It will be of enormous interest to scholars and students working in the areas of legal theory, feminist thought and philosophy.