Journal of Law, Religion and State最新文献_第2页

In Defense of the Marital Family, written by John Witte, Jr. 为婚姻家庭辩护》，小约翰-维特撰写。

Journal of Law, Religion and State Pub Date : 2023-12-11 DOI: 10.1163/22124810-11010005

Henry Kha

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The Future of Secular Law in Spain: A Model Based on the Evolution of Religiosity and Religious Influence on Law 西班牙世俗法的未来：基于宗教信仰演变和宗教对法律影响的模型

Journal of Law, Religion and State Pub Date : 2023-12-11 DOI: 10.1163/22124810-11010003

David Garciandía Igal

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Part ii: The Accommodation of Religious Law in Modern States: A Comparative Perspective 第二部分:现代国家宗教法的适应:比较视角

Journal of Law, Religion and State Pub Date : 2023-07-21 DOI: 10.1163/22124810-20230006

I. Shahar, Karin Carmit Yefet

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Part i: Bioethics, Religion, State and Law 第一部分:生命伦理、宗教、国家和法律

Journal of Law, Religion and State Pub Date : 2023-07-21 DOI: 10.1163/22124810-20230007

G. Sapir

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Judging in a Brave New World?: Adjudicating Cases of Parental Refusal on Religious Grounds to Consent to Medical Treatment 在美丽新世界中评判?对父母基于宗教理由拒绝同意治疗的案件进行裁决

Journal of Law, Religion and State Pub Date : 2023-06-15 DOI: 10.1163/22124810-20230005

Michelle Flynn

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Muslim Family Law Reform: Understanding the Difference between Muslim-Majority and Muslim-Minority Jurisdictions 穆斯林家庭法改革:了解穆斯林占多数和穆斯林占少数司法管辖区之间的差异

Journal of Law, Religion and State Pub Date : 2023-06-08 DOI: 10.1163/22124810-20230004

Y. Sezgin

{"title":"Muslim Family Law Reform: Understanding the Difference between Muslim-Majority and Muslim-Minority Jurisdictions","authors":"Y. Sezgin","doi":"10.1163/22124810-20230004","DOIUrl":"https://doi.org/10.1163/22124810-20230004","url":null,"abstract":"\u000035 Muslim-majority and 18 Muslim-minority countries formally integrate Muslim Family Laws (mfl s) into their legal systems. Both groups of governments have undertaken legislative reforms to improve the status of women/children under mfl s and strengthen the rule of law within their mfl systems. The existing scholarship does not address whether mfl s are more reformed or human/women’s rights friendlier in Muslim-majority or Muslim-minority countries. Employing an innovative methodological tool, the Muslim Family Law Index, this exploratory article surveys cross-national and historical trends in mfl reform (1946–2016). It shows that although Muslim-minority countries appear to have more “reformed” mfl systems than their Muslim counterparts, a closer analysis reveals that they have prioritized different types of legislative reform. The former favored exit rights, while the latter prioritized substantive reforms. The type and extent of interventions were strongly associated with colonial heritage, state-religion relations, international norm diffusion, women’s activism, and ethnoreligious diversity/tolerance. These findings have implications for studying multicultural theory, human/women’s rights, and democratization in the mfl-applying world.","PeriodicalId":37986,"journal":{"name":"Journal of Law, Religion and State","volume":"32 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89380155","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

Assisted Suicide in Italy: Navigating the Frontiers of “Legitimate Medicine” 意大利的协助自杀:探索“合法医疗”的前沿

Journal of Law, Religion and State Pub Date : 2023-05-02 DOI: 10.1163/22124810-20230003

Adelaide Madera

引用次数: 1

Two concepts of dignity: on the decay of agency in law 尊严的两个概念:论法律代理权的衰落

Journal of Law, Religion and State Pub Date : 2023-04-23 DOI: 10.51634/2307-5201_2022_1_156

Åsbjørn Melkevik, B. Melkevik

{"title":"Two concepts of dignity: on the decay of agency in law","authors":"Åsbjørn Melkevik, B. Melkevik","doi":"10.51634/2307-5201_2022_1_156","DOIUrl":"https://doi.org/10.51634/2307-5201_2022_1_156","url":null,"abstract":"\u0000 \u0000 \u0000This paper examines the radical shift we can observe in the modern legal understanding of dignity. That one should be respected for one’s own sake is a cornerstone of our modern societies, enshrined in our laws and constitutions. The idea of dignity, however, is subject to fundamentally different interpretations. More precisely, we examine two such theories of dignity – namely, the “agency theory of dignity,” associated with Immanuel Kant and based on people’s capacity for free will, and the “well-being theory of dignity,” recently championed by Alan Gewirth and regarding dignity a kind of intrinsic worth that belongs equally to all human beings as such. Kantian dignity means that we should endorse strong negative duties, but not positive duties, such as duties of welfare. From Gewirth’s one we can derive rights not only of negative freedom, but also duties of well-being toward others. \u0000The modern shift from the former to the latter, we argue, is problematic, first, inasmuch as it is an expression of the decay of agency in our legal systems, and, second, because the well-being theory of dignity is often self-defeating, hurting the well-being of the worst-off and lowering total welfare in society. This paper accordingly maintains that we should go back to the agency theory of dignity. \u0000Using an antinomian reading of Kant’s theory, we maintain that rational people are to be their own lawmaker and act from laws they themselves made, that the scope of legislative activity should be limited as a matter of dignity, and the role of dignity should be reduced in our laws. The main conclusion is that dignity cannot be a principle of law, as it is rather a principle of responsibility. \u0000 \u0000 \u0000","PeriodicalId":37986,"journal":{"name":"Journal of Law, Religion and State","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82917156","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

Paternal Filiation in Muslim-Majority Environments: A Comparative Look at the Interpretive Practice of Positive Islamic Law in Indonesia, Egypt, and Morocco 穆斯林占多数环境中的父系关系:印尼、埃及和摩洛哥实证伊斯兰法解释实践的比较观察

Journal of Law, Religion and State Pub Date : 2023-04-21 DOI: 10.1163/22124810-20230002

B. Dupret, Adam Belkadi, M. Lindbekk, Ayang Utriza Yakin

{"title":"Paternal Filiation in Muslim-Majority Environments: A Comparative Look at the Interpretive Practice of Positive Islamic Law in Indonesia, Egypt, and Morocco","authors":"B. Dupret, Adam Belkadi, M. Lindbekk, Ayang Utriza Yakin","doi":"10.1163/22124810-20230002","DOIUrl":"https://doi.org/10.1163/22124810-20230002","url":null,"abstract":"\u0000In most Muslim-majority countries, Islamic normativity underwent a process of “positivization” completely altering the sense which is made of these norms and the ways through which they are obtained. This article aims to deepen our understanding of this phenomenon through a comparative examination of an issue addressed in classical fiqh, partly legislated in modern statutes and codes, sensitive to the progress of scientific evidentiary methods, and largely at judges’ discretion. It proceeds, for each of the three countries under study (Indonesia, Egypt, and Morocco), to describe the situation, starting with the legal system, family law, and the question of paternal filiation (ithbât al-nasab, in Arabic), then paying attention to the “trajectory” of a recent case, from first-instance decisions to final rulings. In conclusion, it focuses on the room that the combination of fiqh principles and contemporary legal sources and thinking opens for creative analogy, radically innovative interpretation, and polycentric tensions between various jurisdictions.","PeriodicalId":37986,"journal":{"name":"Journal of Law, Religion and State","volume":"2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90443916","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

Religious Family Agreements 宗教家庭协议

Journal of Law, Religion and State Pub Date : 2023-04-11 DOI: 10.1163/22124810-20230001

B. Bix

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