Faith in Law: Essays in Legal Theory by Bloomsbury Publishing PLC (Hardback, 2000)
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- DescriptionThis collection of essays explore the long-standing,intricate relationship between law and faith. Faith in this context is to be read in the broadest sense, as extending beyond religion to embrace the kwledge, beliefs, understandings and practices which are at work alongside the familiar and seemingly more reliable, trusted and relatively certain content and conventionally accepted methods of law and legal reasoning. The essays deal with three broad themes. The first concerns the extent to which faith should be involved in legal decision making. Ought decisions to aspire simply to right reason or ought faith-based models of decision-making to be incorporated into the legal system? If the latter, how is this best done? Ought faith to operate simply as a reason itself or ought it to help to structure the method by which legal decisions are reached? The second, and perhaps most familiar theme, stemming in part from rights discourse, is the extent to which law does, and ought to, respect the rights of those whose religious beliefs conflict with the dominant social rms and practices. Liberal democratic constitutions typically provide protection for religion and religious beliefs. Are these justified, and if so how? Can such protection as exists suffice from the perspective of the faithful, or does law's otherwise pervasive agsticism make this impossible or illusory? Thirdly, questions of identity and difference arise. Assuming that most societies remain a mix of many faiths (religious and secular) and faith, how should law and legal theory understand the varying and, it must be said, conflicting claims for recognition. Should we encourage conformity in the hope of reducing friction, or should we preserve and promote difference, seeking to understand others, whether groups or individuals, without removing that which makes them distinct? More radically and controversially, should we be more sceptical of individual and group claims to authenticity and see them rather as strategies in an ongoing power game? Faith after all, like reason and law, has never been far from politics and intrigue, especially in its institutional representation. Contributors: Zen Bankowski, Anthony Bradney, Claire Davis, John Gardner, Adam Gearey, Tim Macklem, Maleiha Malik, Victor Tadros.
- Author BiographyPeter Oliver is a Senior Lecturer in Law at the School of Law,King's College London. Sionaidh Douglas Scott is a Senior Lecturer in Law at King's College London. Victor Tadros is Lecturer in Law at the University of Edinburgh.
- PublisherBloomsbury Publishing PLC
- Date of Publication01/05/2000
- SubjectLaw: General & Reference
- Place of PublicationOxford
- Country of PublicationUnited Kingdom
- First Published2000
- ImprintHart Publishing
- Content Noteblack & white illustrations
- Weight310 g
- Width156 mm
- Height234 mm
- Spine12 mm
- Edited byPeter Oliver,Sionaidh Douglas-Scott,Victor Tadros
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