Missing Tradition
Autor: Pedro Erik | Publicado: 2014-04-08T11:31:00-07:00


Meu novo paper, ainda preparando, foi aceito para ser apresentado em Cardiff.


LARSN
Speakers and abstracts



 

  
Amel
  Alghrani

  
Manchester
  University

  
amin.al-astewani@postgrad.manchester.ac.uk

 




The Essence of Islām: A response to the
Shariah debate in the West.

The debate on Shariah law within a Western Context has
developed rapidly since its inception

in the late 1900’s. It was particularly reinvigorated
by the Archbishop of Canterbury’s lecture at 

the Royal Courts of Justice in 2008, and is now a
highly contentious topic in the public forum. The 

contentiousness of the debate is related to the
similarly rapid development of Shariah courts in the 

West, established and administered by Western Muslim
minority communities. This conference 

paper is a response to the contribution of Western
legal scholarship to this debate. It argues 

that Western legal Scholars have approached the
Shariah with a secular lens, bypassing the 

religious framework within which the Shariah
functions. This approach has led to inaccurate and 

misconceived conclusions in the Shariah debate. This
paper will present an exposition of the Islamic 

religious framework from which the Shariah originates
based on classical Islamic sources, in the 

hope of resolving this issue.





 

  
Sylvie Bacquet

  
Westminster
  University

  
S.Bacquet01@westminster.ac.uk

 




An enquiry into the role of religious
symbols in the making of religious identities

This paper presents the findings
from an empirical study on the relationship between, the state, individuals and
religious symbols. It is submitted that given the important part that religious
symbols play in the life of individuals, they contribute to the making of
individuals and groups identities. As such, any attempt by states to interfere
with religious symbols must be balanced against individuals’ freedoms. In this
context, the research sought to elucidate the nature of the relationship
between individuals and their religious symbols. While the empirical study was
carried out in England, the findings form the basis of a criticism of the
states’ approaches in both England and France. The qualitative analysis focused
on the meaning and significance of religious symbols and their place in the
lives of individuals. The study entailed questioning the role and significance
of religion in the making of individual and collective identity. Five main
findings emerged from the data, namely that the way symbols are perceived is
based on individuals’ personal experience with religion and culture; that
religiosity is ascribed by birth through ancestors’ history but&nbsp; evolves and crystallises via family
upbringing,&nbsp; education and spiritual
journey of an individual;&nbsp; that the
reasons why people wear religious symbols are therefore highly intimate; that
one’s relationship with symbols is ultimately dependent on one’s relationship
with religion and that given the special nature of one’s relationship with
symbols, State interference with any religious symbol (either through
Parliament or the courts) should be kept to the minimum necessary to protect
other citizens. The study recommended that States should acknowledge that
symbols play a major role in the making of religious identities by further
engaging religious minorities in the drafting of laws and policies that
directly affect them. 



 

  
James
  Barry

  
Dalhousie
  University

  
jpbarry@dal.ca

 




Liberty, Equality, and Sorority:
Balancing Freedom of Religion and Gender Equality in Comparative Context

Legal positivists suggest that
proportionality as a tool of constitutional rights adjudication represents a
main vector driving a convergence of common law and civil law into a globalized
jus commune. As a hybrid formula of
inductive binding case law and deductive general principles, they advise,
proportionality is converging substantive rules of national laws into uniform
global standards.

In my view, such claims are
overstated. I suggest that in spite of an ongoing harmonization of adjudicative
methods across jurisdictions, rights normativity continues to play a decisive
role in determining justifiable sub-constitutional (i.e. statutory or common
law) limits on constitutional rights. By “normativity,” I refer to the
sociological, contextual pre-notions that implicitly inform the way rights are
interpreted and dealt with in a given jurisdiction. A right’s normative
dimension is thus historically and culturally contingent, and not a matter of
positive law.

I propose to give an historicist
account of how rights normativity affects the application of proportionality to
freedom of religion in Canada and the French Republic. My specific focus will
be on judicial review of statutory restrictions on religious liberty putatively
aimed at advancing gender equality, a value recognized in both jurisdictions as
a constitutional imperative.

While the right to religious
freedom in Canada is a negative right to be left unmolested by the state, in
France it is embedded in a formative, emancipatory project of egalitarian
citizenship. By scrutinizing the right in both jurisdictions with reference to
the historical and philosophical context out of which it emerged, I will shed
light on the extent to which the justifiability of limits on freedom of
religion continues to turn on the underlying constitutional theory from which
the right derives its legitimizing force, rather than on any aspect of the
proportionality standard.



 

  
Dr.
  Dawid Bunikowski

  
University
  of Eastern Finland

  
dawid.bunikowski@uef.fi

 




State, law, politics, and religion in Finland

The paper explains the State-Church relationship in
Finland from legal, social, political, and historical perspective. The paper
aim is to explore all the important contemporary legal-political and
social-political issues with the historical background in the field. The most
important thesis is that the current state of things between the State and the
Church is based on an idea of a “friendly relationship”. By the “Church”, I
mean the Evangelical Lutheran Church of Finland (ELCF) and the Orthodox Church
of Finland (OCF). To understand this way of thinking, I analyse the phenomenon
of Finnish Cultural Protestantism (FCP) at many levels: of the law, of the
society, of the history, politics. The methodology used is also sophisticated
and comprehensive (i.e. analysis of legal acts and doctrine; research on public
opinion; studying of history and politics; interviews; observation). 







 

  
Pedro Erik Carneiro

  


  
cefas.erik@gmail.com

 




Missing
Tradition: the Holy See and Christian Persecution



This paper analyses the statements of the
Holy See at the United Nations regarding Christian persecution. Christians face
persecution because of their faith since the beginning. The Catholic Church has
a long tradition regarding conflicts. The just war tradition has influenced
many debates on war since St. Augustine, the founder of the Christian just war
tradition. Nowadays, we have been living, in “the greatest era of persecution
in Christian history”. The Holy See and the State of Vatican City are two different
international entities, each with international legal personality. The Pope, as
the supreme head of Roman Catholic Church and also head of state of the Vatican
City, is the connection between them. The Holy See is the voice of Christians
at the United Nations. The Holy See was granted status of non-member state
permanent observer in 1964. The UN Resolution 58/314 establishes that the Holy
See can participate in the general debate of the General Assembly, it has the
right to make interventions, it has the right to have its communications issued
and circulated directly, it has the right to co-sponsor draft resolutions. The
Holy See regularly argues that it enjoys by its own choice the status of
Permanent Observer at the United Nations, rather than of a full Member.&nbsp; What, how and when the Holy See has argued on
Christian persecution? Has the Holy See consider the just war tradition in its
statements? How the Holy See thinks that Christian has to react to persecution?
This reaction is in accordance with just war tradition? This paper tries to
answer these questions. I am still working on them but I already can answer
that the Holy See forgets St. Augustine’s point of view when talking about war.
It seems that the whole just war tradition is dismissed.




&nbsp;....



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