Bøger i Cultural Diversity and Law serien

This book takes up the postcolonial challenge for law and explains how the problems of recognition are tied to an orthodox theory of law. The author focuses on prominent aspects of legal discourse and process and includes case studies and examples principally drawn from Australia and Canada.

Taking a new approach by examining the impact of the transferability of law on end-users and by focussing on how appropriate norms are applied in specific situations.

This collection considers how contemporary cultural and religious diversity challenges and redefines national constitutional and legal frameworks and concepts, within the context of education. It offers a critical reflection on the extent and meanings given to religious freedom in education across Europe. The contributions deal primarily with Western Europe although the book also includes a study of the US vibrant debates on Creationism. This volume considers issues such as religious expression, faith schooling and worship in schools, in a multidisciplinary and comparative approach. The book first examines key concepts, before presenting national models of religion and education in Europe and analyzing case studies relating to religious symbols worn at school and to the teaching of religious education. Legal questions are examined in a wider context, in the light of the intentions of state policy and of current national and transnational debates. Controversies on the legal implications of personal and national identities are for example analyzed. From a comparative perspective, the chapters examine the possible converging power of human rights and anti-discrimination discourses and reveal the difficulties and risks involved in seeking to identify the best model for Europe. This topical study of a highly sensitive area of education presents a valuable insight for students, researchers and academics with an interest in cultural and religious diversity, human rights and education.

Law and Religion in the 21st Century brings together leading international scholars of law and religion to provide an overview of current issues in State-religion relations. The work will be a valuable resource for academics, students and policy-makers with an interest in the interaction between law and religion.

This collection considers how contemporary cultural and religious diversity challenges legal practice. Comparative in analysis, this study places particular cases in their widest context, taking into account international and transnational influences.

Presents a comparative analysis of the judiciary in the Islamic, Jewish and Zoroastrian legal systems. This book compares postulations of legal theory to legal practice in order to show that social practice can diverge significantly from religious and legal principles.

This book argues that the state's failure to accommodate ethno-religious diversity in Turkey is attributable to the founding philosophy of Turkish nationalism and its heavy penetration into the socio-political and legal fibre of the country.

A collection that considers how contemporary cultural and religious diversity challenges and redefines national constitutional and legal frameworks and concepts, within the context of education. It offers a critical reflection on the extent and meanings given to religious freedom in education across Europe.

In the rush to find answers to deal with the challenges of justice in diverse societies, sound normative foundations are often overlooked. This book examines questions raised by diversity and contributes to the ongoing dialogue which endeavours to better understand and respond to the challenges of justice in the context of diversity.

Brings together leading international scholars of law and religion to provide an overview of the issues in State-religion relations. Suitable for academics, students and policy-makers with an interest in the interaction between law and religion, this collection offers a picture of the developments in key countries and regions.

Considers how contemporary cultural and religious diversity challenges legal practice, how legal practice responds to that challenge, and how practice is changing in the encounter with the cultural diversity occasioned by large-scale, post-war immigration.

There is a current interest, alongside increased public debate, on the links between culture, law and violence against women. Focusing on a series of racialised sexual violence and child abuse cases in Sydney, Australia and Rochdale, UK, this book puts forward multilayered arguments about legal and political conceptualisations of gendered violence. It argues from the outset that a putative women¿s rights agenda overlays some racist, anti-multicultural perspectives which, at their core, rely on reductive legal and political understandings of ethnic culture. Through these Australian and British cases, the book makes an original and important contribution to socio-legal debates regarding the essentialist and reductive understandings of culture in legal and political discourses. It traces the extent to which reductive legal and official understandings of (ethnic) culture have enabled even its most progressively motivated invocations to be coopted for Islamophobic agendas and xenophobic nationalism in Western societies. In tandem with these explorations it examines how the banner of women¿s rights has been subsumed to provide justification for popular, politically sanctioned racism. The book thus traces the trajectory of legal and official discourses around culture, gendered violence and immigration and their links to popular denunciations of multiculturalism within a socio-political backdrop of Islamophobia.

Acknowledging the superdiversity of migration as a global issue, this book uses the case study of Polish post-2004 EU Enlargement migrants to examine values and attitudes to the rules that govern their work and residence in the UK and to the legal system in general.

Shari'a As Discourse exposes some of the various issues raised in relation to Muslim communities in Europe, by putting the intellectual and legal traditions into dialogue. It brings together a number of scholars to provide a valuable reference for all those interested in exploring how Muslims and non-Muslims view Shari'a law.

Describes and analyses the notion of Mahr, the Muslim custom whereby the groom has to give a gift to the bride in consideration of the marriage. This book explores how Western courts, specifically in Canada, the United States, France, and Germany, have approached and interpreted Mahr.