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Public and Private in Ancient Mediterranean Law and Religion

The public/private distinction is fundamental to modern theories of the family, religion and religious freedom, and state power, yet it has different salience, and is understood differently, from place to place and time to time. The volume examines the public/private distinction in the cultures and religions of the ancient Mediterranean, in the formative periods of Greece and Rome and the religions of Judaism, Christianity and Islam.

The volume examines the public/private distinction in the cultures and religions of the ancient Mediterranean, in the formative periods of Greece and Rome and the religions of Judaism, Christianity and Islam.

Family, Religion and Law

Cultural Encounters in Europe

This collection discusses how official legal systems do and should respond to the reality of a plurality of family types and origins within their jurisdictions. It further examines the challenges that arise for practitioners, including lawyers and judges, when faced with such plurality. Focussing on empirical research, the volume presents legal and sociological data of unprecedented comparative depth. It also includes a discussion of how members of minority families respond to the need to organise their legal relationships, and to resolve their disputes in the shadow of official legal systems which differ from those of their familial and communal traditions. The work invites reflection, and demonstrates the urgency and complexity of the questions regarding the search for justice in the field of family life in Europe today.

This collection discusses how official legal systems do and should respond to the reality of a plurality of family types and origins within their jurisdictions.

Cultural Diversity and the Law

State Responses from Around the World : Proceedings of the Colloquium "The Response of State Law to the Expression of Cultural Diversity," Brussels, September 2006

In the twenty-first century nearly all countries face the reality of 'cultural diversity', a concept that refers to the presence, and, increasingly, the affirmation of diverse cultures within the borders of particular political communities. This process appears to be in full swing. In Europe, for instance, the migratory waves of the post-war period gave rise to new sociological and cultural circumstances within the various states. The multiplicity of cultures and the spread of various religions from other parts of the world cause ongoing turmoil. Outside of Europe, diversity is often connected with colonial history. In the face of this widespread phenomenon, different states adopt different positions. Either cultural differences lead to problems that are difficuit to manage, or the differences are more or less integrated or given a formal structure. Between these two potes there are many nuances, ranging from a rejection of differences to their toleration and finally their recognition. The essays in this collection show the various ways in which the law responds to this situation. They make clear that liberalism's official blindness to differences, and its tendency to subordinate them to an abstract notion of equality, has become increasingly problematic. If the state does not respond in an appropriate way to the daim for valorisation of diversity, it risks leaving the question of identities to strategic manipulation, thereby leading to a process of cultural and identity fragmentation. The ambition common to the authors - over 30 - who contributed to this volume is to take the reflection further, by providing a manifold illumination of the various situations examined from ail over the world. They share the conviction that greater attention to the reality of legal pluralism will improve the lives of many in quite practical ways. It is also their view that, as a normative matter, justice requires that jurists take greater care in evaluating the worldviews and value systems of the groups that reside within a state.

Between these two potes there are many nuances, ranging from a rejection of differences to their toleration and finally their recognition. The essays in this collection show the various ways in which the law responds to this situation.

State Law as Islamic Law in Modern Egypt

The Incorporation of the Sharī a Into Egyptian Constitutional Law

Explores the decision by the government of Egypt in the 1970s to constitutionalize Islamic Sharī a, and discusses its impact on Egypt's constitutional jurisprudence.

Explores the decision by the government of Egypt in the 1970s to constitutionalize Islamic Sharī a, and discusses its impact on Egypt's constitutional jurisprudence.

Islam and Law in Lebanon

Sharia within and without the State

A dynamic account of the sharia in Lebanon as both state law and as personal ethics.

A dynamic account of the sharia in Lebanon as both state law and as personal ethics.