Suchergebnisse

Intro -- Title Page -- Copyright Page -- The Author -- Table of Contents -- List of Abbreviations -- Preface -- General Introduction -- 1. General Background of the Country -- I. Basic Structures -- II. General Legal System -- 2. Social Facts about Religion -- I. Religious Affiliation -- Part I. Legal Framework and Sources -- Chapter 1. Basic Law -- 1. Overview -- I. The Preamble -- II. Freedom of Religion, Belief and Opinion -- III. Institutional Guarantees -- IV. Religious Instruction in Public Schools -- V. Equal Treatment -- VI. Oath of Office -- 2. Constitutional Provisions of the State -- Chapter 2. Other Legislation Relating to Religion -- 1. Array of Legislation -- 2. Treaty Law -- 3. Basic Structure of Legislation -- Chapter 3. Typology of the System -- 1. Separation and Cooperation -- 2. Neutrality -- 3. Tolerance -- 4. Pluralism -- 5. Equality -- Part II. Religious Freedom in General -- Chapter 1. Individual Religious Freedom -- 1. Normative Structures -- 2. Functions -- 3. Scope of Individual Guarantee -- I. Nationality -- II. Religious Maturity -- A. Role of Parents and Legal Guardians -- B. Federal Act on the Religious Upbringing of Children -- 4. Limitation to and Derogation from Freedom of Religion or Belief -- Chapter 2. Organizational Religious Freedom -- 1. Basic Principles -- I. Corporative Freedom -- II. Freedom to Form Religious Communities -- III. Fundamental Rights of Legal Persons -- A. Scope of Legal Persons -- B. Foreign Legal Persons -- C. Nature of Rights -- D. Notion of Religious Community -- Chapter 3. Religious Freedom and Equality -- 1. Constitutional Guarantees -- 2. General Non-discrimination -- 3. Institutional Equality -- 4. Equal Treatment of Non-religious and Philosophical Communities -- Part III. Legal Status of Religious Communities -- Chapter 1. Formal Status of Religious Communities.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient resource provides systematic information on how Australia deals with the role religion plays or can play in society, the legal status of religious communities and institutions, and the legal interaction among religion, culture, education, and media. After a general introduction describing the social and historical background, the book goes on to explain the legal framework in which religion is approached. Coverage proceeds from the principle of religious freedom through the rights and contractual obligations of religious communities; international, transnational, and regional law effects; and the legal parameters affecting the influence of religion in politics and public life. Also covered are legal positions on religion in such specific fields as church financing, labour and employment, and matrimonial and family law. A clear and comprehensive overview of relevant legislation and legal doctrine make the book an invaluable reference source and very useful guide. Succinct and practical, this book will prove to be of great value to practitioners in the myriad instances where a law-related religious interest arises in Australia. Academics and researchers will appreciate its value as a thorough but concise treatment of the legal aspects of diversity and multiculturalism in which religion plays such an important part.

1. Does the free exercise of religion have a future in the marketplace of public education in the United States? / Charles J. Russo -- 2. School prayer / Martha M. McCarthy -- 3. Religion and the public school curriculum / Suzanne E. Eckes and Allison Fetter-Harrott -- 4. Distribution of religious materials in public schools / Ralph D. Mawdsley -- 5. Religious displays and holiday observances in public schools / Kevin P. Brady -- 6. Wearing religious garb in public schools / Allan G. Osborne, Jr. -- 7. Clash of values : religious autonomy and state efforts to eliminate all forms of discrimination / William E. Theo -- 8. The constitution religious education and the future of religious freedom in Australian schools / Paul Babie and Ben Mylius -- 9. From "Common Christianity" to "Equal concern and respect" : working out a new understanding of religion's place in Canada's schools / Gregory M. Dickinson and Nora M Findlay -- 10. Adapting to religious diversity : legal protection of religious preference in state-funded schools in England / Neville Harris and Javier Garcia Oliva -- 11. The legal status of religion in publicly-funded schools in Ireland / Dympna Glendenning -- 12. Freedom of religion and religious practices in school : the judicial approach in Malaysia / Fatt Hee Tie -- 13. Freedom of conscience and the right to education in Russia : a secular country of cultural and religious diversity / Maria Smirnova -- 14. Education, religion, and the law in South Africa / Marius Smitt -- 15. Analysis and recommendations / Charles J. Russo.

The approach of Critical Legal Studies that law is a cultural artefact that can be criticised is taken as point of departure in this paper. This insight is applied to food as a very important cultural artefact that permeates virtually every aspect of our personal and social lives. The paper then examines three types of restrictive diets, namely Kosher food production, halal food rules and vegetarianism. From this study it concludes that all three perform a vital social function of providing adherents with a unifying and identifying set of rules to foster social coherence. But it also provides adherents with a strong moral foundation that serves to justify a sense of moral superiority. Most importantly, all three these diets rest on a modernist view of morality in which absolute, unquestioning and universal truths are possible. It therefore serves to provide certainty in the postmodern condition of uncertainty and relativism. For that reason this study concludes that vegetarianism is the new religion – it provides people who no longer believe in traditional religions with a new certainty. ; https://doi.org/10.4102/td.v8i1.2

The approach of Critical Legal Studies that law is a cultural artefact that can be criticised is taken as point of departure in this paper. This insight is applied to food as a very important cultural artefact that permeates virtually every aspect of our personal and social lives. The paper then examines three types of restrictive diets, namely Kosher food production, halal food rules and vegetarianism. From this study it concludes that all three perform a vital social function of providing adherents with a unifying and identifying set of rules to foster social coherence. But it also provides adherents with a strong moral foundation that serves to justify a sense of moral superiority. Most importantly, all three these diets rest on a modernist view of morality in which absolute, unquestioning and universal truths are possible. It therefore serves to provide certainty in the postmodern condition of uncertainty and relativism. For that reason this study concludes that vegetarianism is the new religion – it provides people who no longer believe in traditional religions with a new certainty.