Freedom Of Conscience A Comparative Law Perspective
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Freedom Of Conscience A Comparative Law Perspective
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Author : Grzegorz Blicharz
language : en
Publisher: Wydawnictwo Instytutu Wymiaru Sprawiedliwości
Release Date : 2019
Freedom Of Conscience A Comparative Law Perspective written by Grzegorz Blicharz and has been published by Wydawnictwo Instytutu Wymiaru Sprawiedliwości this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
Freedom of Conscience. A Comparative Law Perspective addresses the timeliest of topics. Across the European continent as well as in the Anglophone world (including the United States), “freedom of conscience” is at the forefront of issues addressed by judges and legislators. It is also a perennial matter of great importance. Public authorities throughout the ages have struggled to understand, and properly to meld, the necessities of political order and the freedom of competent adults to author their own actions and to constitute themselves by making, and acting upon, their conscientious decisions about what moral truth requires of them. The urgency and gravity of the issues presented by “freedom of conscience” is also matched by their intrinsic complexity. For all these reasons, only a multi-disciplinary, full-orbed approach to these questions will do them justice. This volume rises to the occasion. The comparative perspective supplied by the editor’s recruitment of an international group of scholars, and also by his assignment to some of them the task of investigating additional countries, is utterly invaluable. The papers deftly blend what I might call “lawyer’s law” – that is, a careful presentation of the facts and holdings of courts or the precise details of a particular statutory scheme – with genuine philosophical depth. I should like to emphasize this virtue of the collection by observing that collections of this general sort tend to be either all sail or all anchor, either drowned in the minutiae of law without a care for the big picture, or all philosophy untethered to the reality of the positive law. Blicharz’s book has broken this mold. It promises to appeal to working lawyers, students, judges, and scholars. Gerard V. Bradley, Professor of Law, University of Notre Dame, USA This edited volume will be a useful resource to scholars in this area. It has a rich national variety, covering Poland (extensively), Italy, the United States, the United Kingdom, and three Scandinavian countries (Sweden, Norway, and Finland). Anyone interested in the state of the freedom of conscience in notable Western democracies will benefit from this work. Those particularly interested in Poland, a country not always focused on in the literature, will find this book of great value. And that is the hallmark of scholarship – a conversation in the search for truth. James C. Phillips, PhD, Stanford University’s Constitutional Law Center, USA
Freedom Of Religion A Comparative Law Perspective
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Author : Grzegorz Blicharz
language : en
Publisher: Wydawnictwo Instytutu Wymiaru Sprawiedliwości
Release Date : 2019
Freedom Of Religion A Comparative Law Perspective written by Grzegorz Blicharz and has been published by Wydawnictwo Instytutu Wymiaru Sprawiedliwości this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
Freedom of Religion. A Comparative Law Perspective consists of five chapters, looking at freedom of religion, particularly the display of religious symbols, in Poland, Italy, Hungary, and the United States. It provides a concise and very insightful look into the legal regimes of four nations, allowing reader to get a solid comparative view of public religious displays in these countries. Each chapter has sufficient depth and overall this edited volume will be a useful resource to scholars and jurists in this area. Dr. James C. Phillips, Stanford University’s Constitutional Law Center The presented volume leads to an in-depth reflection on the issue of the display of religious symbols in the public sphere, which is widely discussed today. Most of the articles prove that secularism of the contemporary state ruled by law targets Christian symbolism (cross, cradle, the Decalogue). Christian religious symbols shall always be inscribed in the temporal order, otherwise they have no chance to be displayed in the public sphere. In this way, the rights of Catholic believers, as one of the dominant religious groups, are restricted in the name of the protection of religious and areligious minorities. As a result, the aim is to bring about the actual equality of all religions and – ultimately – the final removal of the Christian tradition from Western culture. Against this background, Polish (as well as Hungarian and Italian) judicial decisions present a different approach, which – as the authors of the volume prove – presents a position in favour of the presence of religious symbolism in the public sphere. The multifaceted evaluation of the inconsistency, casuistry and nuance of the jurisprudence of the US Supreme Court is extremely creative and interesting. It allows to conclude that the jurisprudence of the US Supreme Court, which usually limits the presence of religious symbols in the public forum, has not yet become universally binding. The pluralism of philosophical and religious attitudes still constitutes the axiological core of American democracy. Prof. dr hab. Andrzej Dziadzio, Jagiellonian University in Kraków
Freedom Of Speech A Comparative Law Perspective
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Author : Grzegorz Blicharz
language : en
Publisher: Wydawnictwo Instytutu Wymiaru Sprawiedliwości
Release Date : 2019
Freedom Of Speech A Comparative Law Perspective written by Grzegorz Blicharz and has been published by Wydawnictwo Instytutu Wymiaru Sprawiedliwości this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
Freedom of Speech: A Comparative Law Perspective offers a wide-ranging review of free speech law in Europe, the U.S., Canada and Australia, with a special focus on hate speech and on artistic and scientific speech. It provides a great deal of information on these topics, in a single volume, which presents a considerable value to anyone who wants to study the subject. prof. Christopher Wolfe, University of Dallas The book is disturbing. It encourages to pose serious questions, in particular about the phenomenon of the persecution for expressing traditional views, which ceased to be accepted by certain political and intellectual elites. It presents the context which allows us to realize how difficult it is to address such issues. Nevertheless, searching for the answers seems absolutely necessary. The analyses of the US law could be considered a universal parable about the awareness of free speech. The analyses of the law in other countries warn us how fragile the protection of freedom of expression is. prof. Franciszek Longchamps de Bérier, Jagiellonian University in Kraków The volume focuses on an important and complex theoretical question of practical value which is inscribed in the debate on the limits of freedom of speech. It is a collection of independent studies with a clearly presented central idea. Written by the authors representing not only different academic institutions and countries but even different legal cultures. Such a choice of authors offers a variety of presented evaluations, which testifies to the richness of content included in the book and is an invitation to further studies and analyses. prof. Wojciech Lis, John Paul II Catholic University of Lublin
Interpreting Constitutions
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Author : Jeffrey Denys Goldsworthy
language : en
Publisher: Oxford University Press
Release Date : 2006-02-09
Interpreting Constitutions written by Jeffrey Denys Goldsworthy and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-02-09 with Law categories.
This book describes the constitutions of six major federations and how they have been interpreted by their highest courts, compares the interpretive methods and underlying principles that have guided the courts, and explores the reasons for major differences between these methods and principles. Among the interpretive methods discussed are textualism, purposivism, structuralism and originalism. Each of the six federations is the subject of a separate chapter written by a leading authority in the field: Jeffrey Goldsworthy (Australia), Peter Hogg (Canada), Donald Kommers (Germany), S.P. Sathe (India), Heinz Klug (South Africa), and Mark Tushnet (United States). Each chapter describes not only the interpretive methodology currently used by the courts, but the evolution of that methodology since the constitution was first enacted. The book also includes a concluding chapter which compares these methodologies, and attempts to explain variations by reference to different social, historical, institutional and political circumstances.
Law And Veganism
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Author : Carlo Prisco
language : en
Publisher: Bloomsbury Publishing PLC
Release Date : 2021-11-02
Law And Veganism written by Carlo Prisco and has been published by Bloomsbury Publishing PLC this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-02 with Law categories.
In our complex, consumerist societies, the intricacy of personal interactions and the number of goods and products available often prevents us from direct knowledge of what lies ‘behind’ food behaviors, ingredients, and the origins of the modern food and agriculture supply chain. Over the last decade or so, scholars, lawyers and engaged lay vegans have had many discussions about vegan rights and discrimination as issues intrinsic to animal rights, but the final frontier remains intact: the direct concerns of other animals. To give effect to the rights of animals, we must recognize and defend the human right—or duty, as many uphold-- to care about them. Including contributors from Australia, the United States, Germany, Italy, France, Canada, Portugal, and the United Kingdom, this book explores the rights of vegans and how vegans can be protected from discrimination. Using an international socio-legal lens, the contributors discuss constitutional issues, vegan legal cases, the concept of protection for vegan ‘belief’ in human rights and equality law, the legal requirement to provide vegan food, animal agriculture and plant-based, vegan food in the context of the human right to food, and the rights of vegans in education and in health care. This book will be of interest to practicing lawyers, legal and critical legal scholars, scholars of vegan, and critical animal studies, and commentors on socio-political issues alike.
Freedom Of Religion Or Belief
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Author : Heiner Bielefeldt
language : en
Publisher: Oxford University Press
Release Date : 2016-01-21
Freedom Of Religion Or Belief written by Heiner Bielefeldt and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-21 with Law categories.
Violations of religious freedom and violence committed in the name of religion grab our attention on a daily basis. Freedom of religion or belief is a key human right: the International Covenant on Civil and Political Rights, numerous conventions, declarations and soft law standards include specific provisions on freedom of religion or belief. The 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief has been interpreted since 1986 by the mandate of the UN Special Rapporteur on freedom of religion or belief. Special Rapporteurs (for example those on racism, freedom of expression, minority issues and cultural rights) and Treaty Bodies (for example the Human Rights Committee, the Committee on the Elimination of Racial Discrimination and the Committee on the Rights of the Child) have also elaborated on freedom of religion or belief in the context of their respective mandates. Freedom of Religion or Belief: An International Law Commentary is the first commentary to look comprehensively at the international provisions for the protection of freedom of religion or belief, considering how they are interpreted by various United Nations Special Procedures and Treaty Bodies. Structured around the thematic categories of the United Nations Special Rapporteur's framework for communications, the commentary analyses, for example, the limitations on the wearing of religious symbols and vulnerable situations, including those of women, detainees, refugees, children, minorities and migrants, through a combination of scholarly expertise and practical experience.
Islam Europe And Emerging Legal Issues
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Author : W. Cole Durham
language : en
Publisher: Routledge
Release Date : 2016-05-06
Islam Europe And Emerging Legal Issues written by W. Cole Durham and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-06 with Religion categories.
Islam, Europe and Emerging Legal Issues brings together vital analysis of the challenges that Europe poses for an expanding Islam and that Islam poses for Europe, within their ever-evolving religious, legal, and social environments. This book gathers some of the best thinking on Islam and the law affecting current and contested issues that can no longer be ignored, particularly as they have found their way before the European Court of Human Rights. Contributors include leading authorities who are working at the heart of this generation's law and religion questions in Europe and across the world. This book outlines implications for all those who look to Europe-from both within and without-for models of human rights implementation and multi-cultural accommodation.
Cardozo Journal Of International And Comparative Law
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Author :
language : en
Publisher:
Release Date : 2000
Cardozo Journal Of International And Comparative Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with International law categories.
Religious Liberty And International Law In Europe
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Author : Malcolm Evans
language : en
Publisher: Cambridge University Press
Release Date : 1997-07-24
Religious Liberty And International Law In Europe written by Malcolm Evans and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-07-24 with Law categories.
The Ancient Near East.
The Conscience Wars
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Author : Michel Rosenfeld
language : en
Publisher:
Release Date : 2018-07-05
The Conscience Wars written by Michel Rosenfeld and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-05 with Law categories.
Explores the multifaceted debate on the interconnection between conscientious objections, religious liberty, and the equality of women and sexual minorities.