In recent years, there have been a number of concerns about the recognition of religious laws and the existence of religious courts and tribunals. There has also been the growing literature on legal pluralism which seeks to understand how more than one legal system can and should exist within one social space. However, whilst a number of important theoretical works concerning legal pluralism in the context of cultural rights have been published, little has been published specifically on religion. Religion and Legal Pluralism explores the extent to which religious laws are already recognised by the state and the extent to which religious legal systems, such as Sharia law, should be accommodated.
’Religious and legal pluralism is a fact of life in contemporary Britain. This collection of essays is an important contribution to debate about the consequences of this.’ Anthony Bradney, Keele University, UK ’Legal pluralism is frequently seen as the best tool to face the challenge raised by increasing religious diversity. The assets and risks of this strategy are carefully and competently assessed in this book through an intelligent mix of theoretical contributions and case-studies.’ Silvio Ferrari, University of Milan, Italy
Contents: Preface; The impossible compromise, Russell Sandberg. Part I In Practice: Religion and the state: recognition, regulation and facilitation, Mark Hill QC; Turbulent priests: how the Church of England disciplines its errant clergy, Christopher Smith; Who regulates marriage? The case of religious marriage and divorce, Gillian Douglas; Quakers and the campaign for same sex marriage, Frank Cranmer; The use of experts in the Roman Catholic canon law of marriage, Eithne D’Auria; Religious symbols and the making of contemporary religious identities, Sylvie Bacquet. Part II Particular Issues: Quasi-law and religion, David Pocklington; Legal pluralism, religious conservatism, Amina Hussain; Internet-based new religious movements and dispute resolution, Beth Singler; Religious pluralism as a legal principle, Dorota A. Gozdecka. Part III In Theory: What do you believe? Taxonomy of a subjective legal pluralism, Amy R. Codling; Public space, private face: veiling as a challenge for legal reasoning, Celia G. Kenny; Principles of a pluralist secularism, Margaret Davies; Religious law as a social system, Russell Sandberg. Appendix, Russell Sandberg and Frank Cranmer. Index.
This book series emanates from the largest research programme on religion in Europe today - the AHRC/ESRC Religion and Society Programme which has invested in over seventy-five research projects. Thirty-two separate disciplines are represented looking at religion across the world, many with a contemporary and some with an historical focus. This international, multi-disciplinary and interdisciplinary book series includes monographs, paperback textbooks and edited research collections drawn from this leading research programme.