Law and Religion in Public Life : The Contemporary Debate

With religion at centre stage in conflicts worldwide, and in social, ethical and geo-political debates, this book takes a timely look at relations between law and religion. To what extent can religion play a role in secular legal systems? How do peoples of various faiths live successfully by both secular laws as well as their religious laws? Are there limits to freedom of religion? These questions are related to legal deliberations and broader discussions around secularism, multiculturalism, immigration, settlement and security. The book is unique in bringing together leading scholars and respected religious leaders to examine legal, theoretical, historical and religious aspects of the most pressing social issues of our time. In addressing each other’s concerns, the authors ensure accessibility to interdisciplinary and non-specialist audiences: scholars and students in social sciences, human rights, theology and law, as well as a broader audience engaged in social, political and religious affairs. Five of the book’s thirteen chapters address specific contemporary issues in Australia, one of the most ethnically diverse countries in the world and a pioneer of multicultural policies. Australia is a revealing site for contemporary studies in a world afraid of immigration and terrorism. The other chapters deal with political, legal and ethical issues of global significance. In conclusion, the editors propose increasing dialogue with and between religions. Law may intervene in or guide such dialogue by defending the free exchange of religious ideas, by adjudicating disputes over them, or by promoting a civil society that negotiates, rather than litigates. The Book Is Unique In Bringing Together Leading Scholars And Respected Religious Leaders To Address Contemporary Issues In The Relationship Of Law, Religion And The State. The Book Highlights The Interaction Between Secular Law And Religion With Particular Attention Being Given To The Implications For Law And Society, Religious Tolerance And Freedom. The Book Focuses On The Practical And Topical Issues That Have Arisen In Recent Years In Australia. As One Of The Most Ethnically Diverse Countries In The World, A Pioneer Of Multicutural Policies In Immigration And Social Justice, Australia Is A. Introduction: Da Capo : Law And Religion From The Top Down / Richard Mohr And Nadirsyah Hosen -- Classifying Church/state Arrangements : Beyond Religious Versus Secular / Darryn Jensen -- Christian Origins Of Secularism And The Rule Of Law / Richard Mohr -- The Future Of Secularism : A Critique / Margaret Davies -- Religion, Multiculturalism And Legal Pluralism / Frank Brennan -- Religion And Freedom Of Speech In Australia / Katharine Gelber -- The Reasonable Audience Of Religious Hatred : The Semiotic Ideology Of Anti-vilification Laws In Australia / Massimo Leone -- Religion And Security : What's Your Motive? / Nadirsyah Hosen -- Religion And Justice : Atonement As An Element Of Justice In Both Western Law And Christian Thought / Cassandra Sharp -- Why Should I Do This? : Private Property, Climate Change And Christian Sacrifice / Paul Babie -- Jewish Law In A Modern Australian Context / Rabbi Jeremy Lawrence -- Does Australia Need A Mufti? : Analyzing The Institution Of Ifta In An Australian Contemporary Context / Mohamad Abdalla. Edited By Nadirsyah Hosen And Richard Mohr. Includes Bibliographical References, Bibliography (p. [246]-268) And Index. Title......Page 4 Copyright......Page 5 Contents......Page 6 Contributors......Page 8 Acknowledgments......Page 11 Introduction: Da capo: law and religion from the top down......Page 12 Part I: Law, state and secularism......Page 24 1 Classifying church-state arrangements: Beyond religious versus secular......Page 26 2 The Christian origins of secularism and the rule of law......Page 45 3 The future of secularism: A critique......Page 63 Part II: Religion and speech in a pluralist society......Page 78 4 Religion, multiculturalism and legal pluralism......Page 80 5 Religion and freedom of speech in Australia......Page 106 6 The reasonable audience of religious hatred: The semiotic ideology of anti- vilification laws in Australia......Page 123 Part III: Religion as a factor in legal processes and decisions......Page 146 7 Religion and security: What’s your motive?......Page 148 8 Religion and justice: Atonement as an element of justice in both western law and Christian thought......Page 162 9 Why should I do this?: Private property, climate change and Christian sacrifice......Page 176 Part IV: Negotiating religious law and personal beliefs......Page 206 10 Jewish law in a modern Australian context......Page 208 11 Do Australian Muslims need a mufti?: Analysing the institution of ifta in the Australian context......Page 225 Afterword......Page 240 A posteriori: The experience of religion......Page 242 Bibliography......Page 257 Index......Page 280 Addresses contemporary issues in the relationship of law, religion and the state. This book highlights the interaction between secular law and religion with a focus on the implications for law and society, religious tolerance and freedom. It also focuses on the practical and topical issues that have arisen in Australia.