Religion and Human Rights最新文献

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Religion and Human Rights Pub Date : 2023-04-20 DOI: 10.1163/18710328-01801000

引用次数: 0

Discrimination against LGBTI Persons on the Basis of Scripture: What Did Ancient Church Scholarship Really Say? 基于圣经对LGBTI人群的歧视:古代教会学术到底在说什么?

Religion and Human Rights Pub Date : 2021-03-23 DOI: 10.1163/18710328-BJA10016

I. Bantekas

{"title":"Discrimination against LGBTI Persons on the Basis of Scripture: What Did Ancient Church Scholarship Really Say?","authors":"I. Bantekas","doi":"10.1163/18710328-BJA10016","DOIUrl":"https://doi.org/10.1163/18710328-BJA10016","url":null,"abstract":"\u0000This article seeks to examine homosexuality from the lens of two particular ancient Christian writers, namely Paul the Apostle and Maximus the Confessor. Both were fervent missionaries and did not perceive their writings as doctrinal or philosophical, but merely practical and a defence against other heretical teachings. Even so, contemporary scholars recognise a great profoundness and innovation in their theology. Paul’s references to homosexuality consist of only three or four sentences, whereas Maximus does not discuss the issue directly, given his preoccupation with matters pertaining to the nature of Christ, which at the time were fiercely contested among various Christian groups. The purpose of the article is to examine scriptural references to homosexuality from the perspective of the spiritual context in which they are made, rather than the canonical, ethical or social perspectives to which most scholars and civil society—whether in favour or against—refer to. Homosexuality in the sense of sexual orientation is unknown at the time and even so it is not specifically singled out. Paul seems to be specifically chastising exploitative sexual actions and relationships, whether homosexual or heterosexual.","PeriodicalId":168375,"journal":{"name":"Religion and Human Rights","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129563673","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

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Pluralism versus Separation: Tension in the Australian Church-State Relationship 多元与分离:澳大利亚政教关系的紧张

Religion and Human Rights Pub Date : 2021-03-23 DOI: 10.1163/18710328-BJA10015

Renae Barker

引用次数: 1

Analysis and Evolution of European Case Law on Conscientious Objections in Healthcare: Grimmark v. Sweden and Steen v. Sweden 欧洲医疗保健中良心反对判例法的分析与演变:Grimmark诉瑞典和Steen诉瑞典

Religion and Human Rights Pub Date : 2021-01-12 DOI: 10.1163/18710328-BJA10012

Jorge Salinas Mengual

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Rights of Man, Rights of God: An Unavoidable Tension? 人权与上帝的权利:不可避免的矛盾?

Religion and Human Rights Pub Date : 2021-01-12 DOI: 10.1163/18710328-BJA10014

S. Ferrari

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“Asian Values” in Different Forms: A Comparative Examination of How Singapore, Indonesia and Myanmar Address Insults to Religion 不同形式的“亚洲价值观”:新加坡、印尼和缅甸如何处理宗教侮辱的比较考察

Religion and Human Rights Pub Date : 2021-01-12 DOI: 10.1163/18710328-BJA10013

Ivan Ng Yan Chao

{"title":"“Asian Values” in Different Forms: A Comparative Examination of How Singapore, Indonesia and Myanmar Address Insults to Religion","authors":"Ivan Ng Yan Chao","doi":"10.1163/18710328-BJA10013","DOIUrl":"https://doi.org/10.1163/18710328-BJA10013","url":null,"abstract":"\u0000Insults to religion have the potential to stoke tensions and result in physical violence. To protect religious sensitivities, speech which insults religion may be criminalised, even in countries where freedom of speech is enshrined as a constitutional right. The purpose of this article is to look at the role played by the state in dealing with speech which insults religion, through an examination of three Southeast Asian case studies. This article attempts to provide a comparison of the constitutional provisions and specific legislation relating to the insulting of religion in the three countries, as well as consider how the laws have worked in practice. It finds that while the ‘law on the books’ across the three countries may have broad similarities in the way they are drafted, they differ vastly in the ways they are applied and enforced, due to differences in the state-religion relationship, religious demographics and the influence of religious nationalism. At the same time, despite the social, political and cultural heterogeneity of the three countries, the prioritisation of communitarian interests in the three countries over the freedom of speech suggests the continued salience of “Asian values” in Southeast Asia.","PeriodicalId":168375,"journal":{"name":"Religion and Human Rights","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115060674","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Religion, Law and Politics: the “Trickle-Down” Effects of ECtHR Judgments on Turkey’s Headscarf Battles 宗教、法律与政治:欧洲人权法院判决对土耳其头巾之争的“涓滴效应”

Religion and Human Rights Pub Date : 2019-12-11 DOI: 10.1163/18710328-13021148

Haldun Gülalp

引用次数: 2

Reconciling Pluralistic Democracy and Religious Freedom in European Human Rights Law: A Jurisprudential Balance in Search of Principles 调和欧洲人权法中的多元民主与宗教自由:寻求原则的法理平衡

Religion and Human Rights Pub Date : 2019-12-11 DOI: 10.1163/18710328-13021149

Roberto Buonamano

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Religion, Secularism and Constitutional Democracy, edited by Jean L. Cohen and Cécile Laborde 《宗教、世俗主义和宪政民主》，由Jean L. Cohen和cassiile Laborde编辑

Religion and Human Rights Pub Date : 2018-03-27 DOI: 10.1163/18710328-13010001

Helge Årsheim

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The employment status of ministers: a judicial retcon? 部长的就业状况:司法反思?

Religion and Human Rights Pub Date : 2018-03-27 DOI: 10.1163/18710328-13011152

Russell Sandberg

{"title":"The employment status of ministers: a judicial retcon?","authors":"Russell Sandberg","doi":"10.1163/18710328-13011152","DOIUrl":"https://doi.org/10.1163/18710328-13011152","url":null,"abstract":"“Retroactive continuity”, often abbreviated as “retcon”, is a literary device used to describe the way in which new information is retrospectively added which re-sets the established continuity of a fictional work. Today, the term “retcon” is often used in literary criticism and particularly in relation to science fiction to describe the altering of a previously established historical continuity within a fictional work. To date, however, the concept has not been used in relation to law. Legal judgments often refer to history and include historical accounts of how the law has developed. Such judgments invariably include judicial interpretations of history. On occasions, they may even include a “retconned” interpretation of legal history – a “judicial retcon” – that misrepresents the past and rewrites history to fit the “story” of the law that the judge wants to give. This article explores the usefulness of a concept of a “judicial retcon” by means of a detailed case study. It takes a close textual reading of the UK \u0000case law concerning whether ministers of religion are employees. It contends that the twenty-first century decisions provide evidence of a “judicial retcon” in that accounts of history in the judgments re-set and re-interpret the twentieth century case law to overstate the boldness of the twenty-first century cases.","PeriodicalId":168375,"journal":{"name":"Religion and Human Rights","volume":"131 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124280826","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1