发布求助
文献互助 智能选刊 最新文献

Journal of Law, Religion and State最新文献

筛选
英文 中文
Of Welfare, Sacred Places, and “Rice Christians”: Freedom of Religion and Multiple Religious Belonging 福利、圣地和 "大米基督徒"：宗教自由与多重宗教归属
Journal of Law, Religion and State Pub Date : 2024-02-08 DOI: 10.1163/22124810-20240002
Esther Erlings
{"title":"Of Welfare, Sacred Places, and “Rice Christians”: Freedom of Religion and Multiple Religious Belonging","authors":"Esther Erlings","doi":"10.1163/22124810-20240002","DOIUrl":"https://doi.org/10.1163/22124810-20240002","url":null,"abstract":"\u0000When governments are structurally unable to provide social services, or when disaster strikes, relief organisations tend to step in. This is also the case in South and East Asia. Such organisations may be faith-based, leading to the emergence of what Asians colloquially call “rice Christians”: persons who (allegedly) convert to a religion in order to access services, or out of loyalty to the aid-supplying organisation. Such converts may continue to practice their traditional religions and beliefs. This raises the question whether rights to religion or belief are still available to “rice Christians” when governments, e.g., seek to redevelop a sacred site that formed part of their original belief system. The present article addresses that question, drawing upon the concept of multiple religious belonging (‘mrb’) and a 2017 decision of the African Court on Human and Peoples’ Rights in which the court accepted that individuals may adhere to multiple religions, especially where conversion happened within a missionary context and the now-claimed belief is Indigenous or traditional. It argues in favour of recognition of mrb within the context of freedom of religion, which would mean that also “rice Christians” can continue to rely on original belief systems to protect their practices and places.","PeriodicalId":37986,"journal":{"name":"Journal of Law, Religion and State","volume":"10 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139851258","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
Of Welfare, Sacred Places, and “Rice Christians”: Freedom of Religion and Multiple Religious Belonging 福利、圣地和 "大米基督徒"：宗教自由与多重宗教归属
Journal of Law, Religion and State Pub Date : 2024-02-08 DOI: 10.1163/22124810-20240002
Esther Erlings
{"title":"Of Welfare, Sacred Places, and “Rice Christians”: Freedom of Religion and Multiple Religious Belonging","authors":"Esther Erlings","doi":"10.1163/22124810-20240002","DOIUrl":"https://doi.org/10.1163/22124810-20240002","url":null,"abstract":"\u0000When governments are structurally unable to provide social services, or when disaster strikes, relief organisations tend to step in. This is also the case in South and East Asia. Such organisations may be faith-based, leading to the emergence of what Asians colloquially call “rice Christians”: persons who (allegedly) convert to a religion in order to access services, or out of loyalty to the aid-supplying organisation. Such converts may continue to practice their traditional religions and beliefs. This raises the question whether rights to religion or belief are still available to “rice Christians” when governments, e.g., seek to redevelop a sacred site that formed part of their original belief system. The present article addresses that question, drawing upon the concept of multiple religious belonging (‘mrb’) and a 2017 decision of the African Court on Human and Peoples’ Rights in which the court accepted that individuals may adhere to multiple religions, especially where conversion happened within a missionary context and the now-claimed belief is Indigenous or traditional. It argues in favour of recognition of mrb within the context of freedom of religion, which would mean that also “rice Christians” can continue to rely on original belief systems to protect their practices and places.","PeriodicalId":37986,"journal":{"name":"Journal of Law, Religion and State","volume":" 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139791197","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
The Church Registration Processes in the Czech Republic: Current Situation from the Perspective of Sociological Jurisprudence 捷克共和国的教会登记程序：从社会学法理学的角度看捷克共和国的现状
Journal of Law, Religion and State Pub Date : 2024-02-02 DOI: 10.1163/22124810-20240001
Filip Rigel, Petra Tlčimuková
{"title":"The Church Registration Processes in the Czech Republic: Current Situation from the Perspective of Sociological Jurisprudence","authors":"Filip Rigel, Petra Tlčimuková","doi":"10.1163/22124810-20240001","DOIUrl":"https://doi.org/10.1163/22124810-20240001","url":null,"abstract":"\u0000The study presents a critical view of the church registration processes in the Czech Republic from a sociological jurisprudence perspective. First, it reviews the main issues as they appear in the current debate on the relationship between the state and religion. Next, it addresses the socio-cultural specifics of the relationship between state and religion in the Czech Republic and describes the current legal settings. The analytical part focuses on the judicial review of church registration processes between 2010 and 2022. Finally, the authors review individual cases and their legal outcomes to gain insight into the key problematic issues. The authors argue that (a) the national legal setting creates an unequal environment for the organizations that have been assessed in the study, and that (b) consequently, the state often exceeds its authority in the church registration process.","PeriodicalId":37986,"journal":{"name":"Journal of Law, Religion and State","volume":"59 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139808920","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
The Church Registration Processes in the Czech Republic: Current Situation from the Perspective of Sociological Jurisprudence 捷克共和国的教会登记程序：从社会学法理学的角度看捷克共和国的现状
Journal of Law, Religion and State Pub Date : 2024-02-02 DOI: 10.1163/22124810-20240001
Filip Rigel, Petra Tlčimuková
{"title":"The Church Registration Processes in the Czech Republic: Current Situation from the Perspective of Sociological Jurisprudence","authors":"Filip Rigel, Petra Tlčimuková","doi":"10.1163/22124810-20240001","DOIUrl":"https://doi.org/10.1163/22124810-20240001","url":null,"abstract":"\u0000The study presents a critical view of the church registration processes in the Czech Republic from a sociological jurisprudence perspective. First, it reviews the main issues as they appear in the current debate on the relationship between the state and religion. Next, it addresses the socio-cultural specifics of the relationship between state and religion in the Czech Republic and describes the current legal settings. The analytical part focuses on the judicial review of church registration processes between 2010 and 2022. Finally, the authors review individual cases and their legal outcomes to gain insight into the key problematic issues. The authors argue that (a) the national legal setting creates an unequal environment for the organizations that have been assessed in the study, and that (b) consequently, the state often exceeds its authority in the church registration process.","PeriodicalId":37986,"journal":{"name":"Journal of Law, Religion and State","volume":"36 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139869200","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
The Hijab Ban Verdict: A Case Note on Aishat Shifat v. The State of Karnataka 头巾禁令判决：Aishat Shifat 诉卡纳塔克邦案例说明
Journal of Law, Religion and State Pub Date : 2023-12-11 DOI: 10.1163/22124810-11010002
Navin Sinha, Mitul Dutta
{"title":"The Hijab Ban Verdict: A Case Note on Aishat Shifat v. The State of Karnataka","authors":"Navin Sinha, Mitul Dutta","doi":"10.1163/22124810-11010002","DOIUrl":"https://doi.org/10.1163/22124810-11010002","url":null,"abstract":"\u0000Should judges engage in theological deliberations? This question has often been asked in the context of religious claims before the courts in India. Following the hijab ban by the Karnataka government, the subsequent decision of the Karnataka High Court (khc) upholding it, and a split verdict by the Supreme Court of India (sci), the question is doing the rounds once again. The present article attempts to critically analyze the decisions of the khc and the sci on the hijab controversy. The analysis draws on the claim of Justice Dhulia that the courts are not the proper forum to engage in theological deliberations, and judicial interference is warranted only when the limits set by the Constitution are violated. In alignment with the claims of Justice Dhulia, the present article argues that in matters concerning government interference in religious practices, the focus of the reviewing court should be more on the legitimacy of the restriction rather than the religious validity of the practice. The author agrees with Justice Dhulia that in matters concerning the right to religion, proportionality is objectively the better standard of judicial review, as it dissuades the court from inquiring into the religious and cultural practices of the parties.","PeriodicalId":37986,"journal":{"name":"Journal of Law, Religion and State","volume":"74 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138979008","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
Choices and Allocation of Costs for Religious Preferences and Practices: Insights from an Israeli Test Case 宗教偏好和习俗的选择与成本分配：以色列测试案例的启示
Journal of Law, Religion and State Pub Date : 2023-12-11 DOI: 10.1163/22124810-11010007
Amos A. Israel-Vleeschhouwer
{"title":"Choices and Allocation of Costs for Religious Preferences and Practices: Insights from an Israeli Test Case","authors":"Amos A. Israel-Vleeschhouwer","doi":"10.1163/22124810-11010007","DOIUrl":"https://doi.org/10.1163/22124810-11010007","url":null,"abstract":"\u0000Internalization of costs of religious preferences fits the religious self-perception and ideology of many religious communities and is in their long-term interest. It also strengthens the external value of religious communities, norms, and institutions for the wider society.\u0000Many forces press religious communities to reduce the costs of religious preferences. Within a community, costs are reduced by limiting the available choices or shifted to its weaker members; outside the community, costs are shifted to other groups or the state. Incentives influence the allocation of costs, which in turn shape internal communal choices and the religious vitality and sustainability of the community. The allocation of costs also affects the external relations of communities. This article suggests that the allocation of costs is yet another aspect of religious and ideological communities in liberal states that deserves investigation at the constitutional, legal, and regulatory levels.","PeriodicalId":37986,"journal":{"name":"Journal of Law, Religion and State","volume":"8 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138980868","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
Within the Law, Outside of Justice: Polygamy, Gendered Citizenship, and Colonialism in Israeli Law, written by Rawia Aburabia 法律之内，正义之外：以色列法律中的一夫多妻制、性别化公民身份和殖民主义》，作者：Rawia Aburabia
Journal of Law, Religion and State Pub Date : 2023-12-11 DOI: 10.1163/22124810-11010009
Amos A. Israel-Vleeschhouwer
{"title":"Within the Law, Outside of Justice: Polygamy, Gendered Citizenship, and Colonialism in Israeli Law, written by Rawia Aburabia","authors":"Amos A. Israel-Vleeschhouwer","doi":"10.1163/22124810-11010009","DOIUrl":"https://doi.org/10.1163/22124810-11010009","url":null,"abstract":"","PeriodicalId":37986,"journal":{"name":"Journal of Law, Religion and State","volume":"1 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138980391","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
Constitutional Limits of Islamic Law: God in the Preamble to the Indonesian Constitution 伊斯兰法的宪法限制：印度尼西亚宪法序言中的真主
Journal of Law, Religion and State Pub Date : 2023-12-11 DOI: 10.1163/22124810-11010001
Ahmad Rofii
{"title":"Constitutional Limits of Islamic Law: God in the Preamble to the Indonesian Constitution","authors":"Ahmad Rofii","doi":"10.1163/22124810-11010001","DOIUrl":"https://doi.org/10.1163/22124810-11010001","url":null,"abstract":"\u0000The references to God in the preamble to the Indonesian Constitution raise a fundamental question, “do these references mean that the Constitution should be religious?” This paper aims to propose a new interpretation to the references to God in the preamble. Particularly, it suggests reinterpretation of the trajectory of the phrase “belief in One and Only God” in the making of the 1945 Constitution and during the amendment process, and of its legal significance. This article will also examine the implication of those references for the legitimacy of the state implementation of Islamic law. By analyzing the Constitutional Court’s decisions in the Religious Court Jurisdiction case, this article further investigates the implication of the constitutional interpretation of this phrase for the constitutionality of Islamic law. It argues that the preamble which is secular in nature provides the paradigm for enabling and limiting the institutionalization of religion, including Islamic law.","PeriodicalId":37986,"journal":{"name":"Journal of Law, Religion and State","volume":"15 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138978819","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
The Public Shabbat in the State of Israel—Halakhic Perspectives 以色列国的公共安息日--哈拉哈克观点
Journal of Law, Religion and State Pub Date : 2023-12-11 DOI: 10.1163/22124810-11010006
Yitzhak Brand
{"title":"The Public Shabbat in the State of Israel—Halakhic Perspectives","authors":"Yitzhak Brand","doi":"10.1163/22124810-11010006","DOIUrl":"https://doi.org/10.1163/22124810-11010006","url":null,"abstract":"","PeriodicalId":37986,"journal":{"name":"Journal of Law, Religion and State","volume":"201 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138981333","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
News: Books – New Releases 新闻：图书 - 新书发布
Journal of Law, Religion and State Pub Date : 2023-12-11 DOI: 10.1163/22124810-11010008
{"title":"News: Books – New Releases","authors":"","doi":"10.1163/22124810-11010008","DOIUrl":"https://doi.org/10.1163/22124810-11010008","url":null,"abstract":"","PeriodicalId":37986,"journal":{"name":"Journal of Law, Religion and State","volume":"169 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139010182","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
下一页 尾页
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整，为了账户安全，请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
请完成安全验证×
相关产品
×
本文献相关产品
联系我们：info@booksci.cn Book学术提供免费学术资源搜索服务，方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号：481959085
Book学术官方微信