Comparative Approaches to Law and Religion

The book examines the methodological challenges of studying the interplay between law and religion across diverse jurisdictions. This volume fills a critical gap in the literature by focusing on "how" to conduct comparative research, offering both theoretical foundations and practical applications.

Comparative Approaches to Law and Religion examines the methodological challenges of studying the interplay between law and religion across diverse jurisdictions. This volume fills a critical gap in the literature by focusing on "how" to conduct comparative research, offering both theoretical foundations and practical applications. Scholars from varied legal and cultural backgrounds contributed chapters that showcase innovative methodologies tailored to specific issues in law and religion.The book is divided into three parts. Part I explores the foundational theories, methods, and frameworks of comparative research in law and religion, addressing state-religion models, legal pluralism, and the inclusion of minors in research. Part II applies these approaches through comparative case studies, tackling topics such as medical treatment for minors, religious freedom in the EU, and judicial populism in religion-related cases. Part III provides a critical evaluation of the methodologies employed, encouraging reflection and dialogue on their strengths, limitations, and broader applicability.This volume is an essential resource for scholars of law and religion and comparative law. By offering a blend of theoretical insights and practical examples, it equips researchers with the tools to navigate the complexities of interdisciplinary and comparative legal studies across varied jurisdictions and traditions.

Autorentext

Renae Barker is a senior lecturer at the School of Law in University of Western Australia and Honorary Research Fellow at the Centre for Muslim States and Societies.

Camilla Baasch Andersen is a professor at the School of Law in University of Western Australia.

Mohammad Rasmi Alumari is an assistant professor in comparative private international law, and head of the private law department at the Faculty of Law - Mutah University, Jordan.

Inhalt

List of Contributors
List of Illustrations

Introduction: The Importance of Methodology in Comparative Law and Religion
Camilla Andersen, Mohammad Rasmi Alumari and Renae Barker

PART I
Comparative Theories, Approaches and Methods

1. How to Do Comparative Law and Religion
   Jeremy Patrick

2. Understanding Models of State-Religion Relationships
   Renae Barker and Georgina Clarke

3. The Utility of Legal Pluralism as a Conceptual Approach in the Field of Law and Religion
   Amin Al-Astewani

4. Minors in Comparative Law and Religion Research
   Esther Erlings

5. Studies in the Sociological Method of Biblical Scholarship
   Ronen Shoval

   PART II
   Comparative Case Studies in Law and Religion

6. A Socio-Legal Explanation of the Divergent Legal Approaches to State Funding of Religious Schools in Canada and the United States
   Matt Watson

   6.1 Response: Matt Watson, 'A Socio-Legal Explication of the Divergent Legal Approaches to State Funding of Religious Schools in Canada and the United States'
   Paul T Babie

7. American Constitutional Experience and the Interpretation of the Australian Religion Guarantees
   Paul T Babie

   7.1 Response: Paul T Babie, 'American Constitutional Experience and the Interpretation of the Australian Religion Guarantees'
   Matt Watson

8. Refusal of Life Saving Medical Treatment by Mature Minors: A Comparative Analysis of Australia, Canada and the United Kingdom
   Renae Barker and Camilla Andersen

9. Interpreting the Right to Freedom of Religion in the EU Charter of Fundamental Rights: Outlining and Analysing the Function of the European Convention on Human Rights According to Art 52(2) CFR
   Gerhard van der Schyff

10. The Kirpan case law in Italy and Canada: Comparing law and religion judgments in the rise of judicial populism
    Tania Pagotto

11. Of Missiles and Wedding Cakes: Utilising Human Dignity to Hold a Hohfeldian Lens in Comparative Jurisprudence
    Neville Rochow

12. Listening to the People? A Comparative analysis of parliamentary committee inquiries concerning freedom of religious belief in Australia and Scotland
    Sarah Moulds

13. Religion as Individual Affair and Constitutional Permissions in India: Gathering Comparative Perspectives of Practicing it and Religious Mark on the Body in Public Domain
    Arvind P Bhanu and Sania Sthapak

14. Grounded Theory in the Study of Religion: A Critical Appraisal to socio-cultural factors and gender based legislation in Brazil and Pakistan
    Flavia Bellieni Zimmermann

    PART III
    Critiquing Comparative Approaches

15. Critique of Comparative Methodology Used in the Volume
    Mohammad Rasmi Alumari, Camilla Andersen and Renae Barker

    APENDIX
    Author Rejoinders and Reflections