The interaction between individual rights, which are often seen in secular terms, and religion is becoming an important and complex topic not only for academic study but for practical policy. This volume collects a range of writings from journals, edited collections and individual books which deal with different aspects of the interaction within the context of family life, and which appear with their original pagination. These studies have been selected because they throw a sharp light on central elements of the role of religion in determining the structure of the rights of family members in relation to one another, both from an historical and contemporary perspective. While many of the writings are focused on US and European systems, selected writings covering other systems illustrate the universal nature of the topic. The studies are accompanied by a reflective commentary from the editor which sets the writings in a broad context of social, constitutional and philosophical thought, with the aim of stimulating critical thought and discussion.
Contents: Introduction, John Eekelaar. Part I Religion and the Social Structure: Development of family law in Western and Eastern Europe: common origins, common driving forces, common tendencies, M.V. Antokolskaia; The development of the family and marriage in Europe, Jack Goody. Part II The Family and the Transmission of Religious Identity: The parental right to control the religious education of the child, L.M. Friedman; Parental disputes, religious upbringing and welfare in English law and the ECHR, Sylvie Langlaude; Responsibility for the soul of the child: the role of the state and parents in determining religious upbringing and education, Rachel E. Taylor; The child's right to religious freedom in international law, Ursula Kilkelly; The child's right to religious freedom and formation of identity, Anat Scolnicov; No 'Rip van Winkels' here: Amish education since Wisconsin v Yoder, D.L. McConnell and C.E. Hurst. Part III Religion and the Welfare of Family Members: The child cases: how America's religious exemption laws harm children, Alan Rogers; Understanding faith: when religious parents decline conventional medical treatment, A. Lederman; Child fatalities from religion-motivated medical neglect, S.M. Asser and R. Swan; When terror strikes at home: the interface between religion and domestic violence, N. Nason-Clark. Part IV Religion and Belonging: Understanding the religion in freedom of religion, Jeremy Webber; Religion without God, Ronald Dworkin; Belief in marriage, J. Jane Mair. Part V The Secular State and Religious Groups: Civil and religious law in England: a religious perspective, Rowan Williams; The archbishop and marital pluralism: an American perspective, John Witte; Marriage pluralism in the United States, Linda C. McClain; Human rights under state enforced religious family laws in Israel, Egypt and India, Yuksel Sezgin; Personal autonomy and the option of religious law, Farrah Ahmed; A 'deviant' solution: the Israeli Agunah and the religious sanctions law, Pascale Fournier, Pascal McDougall and Merrisa Lichtsztral; The wife's right to divorce on the basis of the delegation condition under Islamic and Iranian law, A.R. Bariklou; Family law in diverse societies, Maleiha Malik. Index.
John Eekelaar FBA is Co-Director of the Oxford Centre for Family Law and Policy and Emeritus Fellow, Pembroke College, Oxford University, UK.