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Multi-religious and multi-ethnic democracies face the challenge of constructing accommodative arrangements that can both facilitate cultural diversity and ensure women's rights within religio-cultural groups. This thesis is an investigation of the Indian state's policy of legal pluralism in recognition of religious family laws in India. The Indian state has adopted a model of what I have termed "shared adjudication" in which the state shares its adjudicative authority with internally heterogeneous religious groups and civil society in the regulation of marriage among Hindus and Muslims. / Combining theoretical frameworks of state-society relations, feminist theory, and legal pluralism, and drawing from ethnographic research conducted in state courts, caste and sect councils, and "doorstep law courts," I pay analytical attention to state-society interactions at the interface of religious family laws. State and non-state sources of legal authority construct internally contested and heterogeneous notions of the conjugal family, gender relations, and religious membership, and they transmit them across legal spheres. These dynamic processes of communication reconstitute the interiors of religious, state, and civic legal orders, and they fracture the homogenised religious identities grounded in hierarchical gender relations within the conjugal family. / Within the interstices of state and society---which are used imaginatively by state and societal actors---the Indian model points towards an open-ended and process-oriented conception of state-society relations that encompasses not only the binary of conflict and cooperation, but also communication between state and society. The "shared adjudication" model facilitates diversity as it allows the construction of hybrid religious identities, creates fissures in ossified group boundaries, and provides institutional spaces for ongoing inter-societal dialogue between religious groups, civil society, and the state. This pluralized legal sphere, governed by ideologically diverse legal actors, can thus increase women's rights in law, and despite its limitations, the transformative potential of women's collective agency effects institutional change.

Univ., Diss. u.d.T.: Günzel, Angelika: Grundstrukturen des Verhältnisses von Staat und Religion in Israel unter besonderer Berücksichtigung der Rechtsstellung der Religionsgemeinschaften--Trier, 2004. / Literaturverz. S. [279] - 292.

Thesis (doctoral)--Universität Trier, 2007/2008. / Includes bibliographical references and index.

In 2015, the Supreme Court of Canada ruled in the Carter decision that the prohibitions against physician-assisted dying, as outlined in section 241(b) of the Criminal Code of Canada, were unconstitutional as they violated an individual’s s.7 rights as outlined in the Canadian Charter of Rights and Freedoms. Though the jurisprudence of this landmark decision and subsequent amendments to Canadian law are interesting in and of themselves, what is particularly interesting about Carter is the framework within which physician-assisted dying is conceptualized. The Court shifts from a religiously informed framework for conceptualizing assisted suicide to a non-religious conceptualization of physician-assisted dying. Given that there remains much to be explored about nonreligion, this thesis asks: how is ‘nonreligion’ constructed by law in relation to physician-assisted dying in Canada? Since the Carter decision is not explicitly about religion or nonreligion the analysis in this thesis maps how the concepts life, death, and morality are reconceptualized. The analysis reveals that nonreligion is a phenomenon that is absent of the transcendent and is instead given positive content through a focus on autonomy. The conceptualization of nonreligion as presented in this thesis contributes to the literature that emphasizes that nonreligion is both positive and meaningful and not simply deficit terminology.

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With the collapse of the Visigothic kingdom, the judges of Catalonia and southern France worked to keep the region’s traditional judicial system operable. Drawing on records of judicial proceedings and church dedications from the ninth century to the end of the eleventh, this dissertation explores how judges devised a liturgically-influenced court strategy to invigorate rulings. They transformed churches into courtrooms. In these spaces, changed by merit of the consecration rite, community awe for the power infused within sacred space could be utilized to achieve consensus around the legitimacy of dispute outcomes. At the height of a tribunal, judges brought litigants and witnesses to altars, believed to be thresholds of Heaven, and compelled them to authenticate their testimony before God and his saints. Thus, officials supplemented human means of enforcement with the supernatural powers permeating sanctuaries. This strategy constitutes a hybridization of codified law and the belief in churches as real sacred spaces, a conception that emerged from the Carolingian liturgical reforms of the ninth century. In practice, it provided courts with a means to enact the mandates from the Visigothic Code and to foster stability. The result was a flexible synthesis of law, liturgy, and sacred space that was in many cases capable of harnessing spiritual and community pressure in legal proceedings.

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Oppression and dictatorship were rife in this traditional Roman Catholic Portuguese state. The Portuguese Empire collapsed and the period immediately after the 1974 Revolution was marked by Communist influence. However, democracy rose with the 1976 Constitution and its subsequent Revisions addressing various aspects of freedom but neglected to address religious freedom. Specific legislation pertaining to freedom of religion was only adopted more than three decades later in 2001. Consequently, the study intended to reveal the status of religious freedom in Portugal as a result of the 1974 Revolution. The hypothesis of this study is that there was resistance to the implementation of religious freedom in Portuguese legislation and society which continued until 2009, the point at which this study ends. Relevant legislation regarding religious freedom was the adoption of the 2001 Religious Freedom Act followed by the signing of the 2004 Concordat. Thus, this important question is relevant, was religious freedom respected in Portugal in 2009? Subsequently, this study tested and proved the hypothesis that religious freedom was not fully applied in Portuguese legislation and society up to the period under study. The adoption of the 2004 Concordat proved that there was still confusion regarding the legal status of religious freedom in the country. The methodology used to collect the data for this study included numerous articles, letters, national and international legislation, anecdotal evidence as well as literature and in-depth interviews to collect oral historical information. This study is located in the theoretical framework of the transformative theory of religious freedom. The thesis revealed that even if the 1974 Revolution brought in freedom of religion the concept still lacks full implementation according to Articles 18, 19, and 20 of the Universal Declaration of Human Rights (UDHR) and Articles 9, 10 and 11 of the European Convention on Human Rights (ECHR). / Christian Spirituality, Church History and Missiology / D. Th. (Church History)

This dissertation re-examines trials for heresy in England from 1382, which saw the first major action directed at the Wycliffite heresy in Oxford, and the early Reformation period, with an emphasis on abjurations, the oaths renouncing heretical beliefs that suspects were required to swear after their interrogations were concluded. It draws a direct link between the customs that developed around the ceremony of abjuration and the exceptionally low rate of execution for “relapsed” and “obstinate” heretics in England, compared to other major European anti-heresy campaigns of the period. Several cases are analyzed in which heretics who should have been executed, according to the letter and intention of canon law on the subject, were permitted to abjure, sometimes repeatedly. Cases that ended in execution despite intense efforts by the presiding bishop to obtain a similarly law-bending abjuration are also discussed. These cases are situated within explorations of the constitutions governing heresy trials, contrasting their use of apparently standard legal terminologies with more aggressive continental inquisitors, as well as the theology and cultural standing of oaths within both Wycliffism and the broader Late Medieval and Early Modern world. This dissertation will trace how Lollard heretics gradually accepted the necessity of false abjuration as one of a number of measures to preserve their lives and their movement, and how early adopters using coded writing carefully persuaded their co-religionists of this necessity. Furthermore, it will argue that the bishops who conducted the trial system deliberately constructed it to encourage this type of perjury, even suppressing attempts to alter heretics’ actual convictions, for the sake of social order and stability.