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Public International Law > Introduction To Law And Religion > Flashcards

Introduction To Law And Religion Flashcards

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1
Q

Adoption of Christianity as the official religion of the Roman Empire

A

4th century

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2
Q

When was the break with Rome?

A

1534

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3
Q

Some examples of law and religion in Europe

A

Art 9 ECHR Strasbourg Article 18 of the declaration of human rights, freedom of thought and conscience

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4
Q

How is law and religion structured in Europe

A

SeparationState churchCooperation

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5
Q

Ecclesiastical law society founded

A

1987 The journal now regularly discusses the international law of religion The growth of law and religion

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6
Q

What’s the issue with defining law and religion?

A

Most books don’t define it

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7
Q

What do people that study international human rights say is the definition of religion?

A

Religious freedom Look at art 9. And art 18. Declaration HR

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8
Q

Pope John Paul II in his letter evangelium vitae

A

It is the moral values of religion that underpin the human rights act

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9
Q

Beckford and Richardson

A

Religion is regulated internally and externally

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10
Q

Definition of religion law

A

The external national and international laws which affect religious groups and individuals

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11
Q

Case law example of religion law

A

Maga12 year old boySexually abusedThe priest was held as an employee

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12
Q

Legislative examples of religion law

A

ECHR religious freedom (obviously needs ratification to be incorporated into domestic law)Article 18The convention on the rights of the child 1989

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13
Q

Where has very little Strasbourg jurisprudence?

A

France

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14
Q

Where has the ECHR been used?

A

To promote religious eduction in public schools (Poland)Religious freedom (Romania)

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15
Q

Where are judicial decisions important?

A

In states with common law traditions U.K.IrelandCyprus

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16
Q

Where has civil law?

A

Italy Spain

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17
Q

Where is religious jurisprudence particularly rich?

A

The German constitutional court

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18
Q

Definition of religious law

A

The INTERNAL laws created by religious groups themselves, which affects members of those groups (includes rules found in sacred texts) is

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19
Q

Islamic sacred texts

A

Quran Sunna

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20
Q

What is law and religion?

A

At LEAST the study of both religion law and religious law

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21
Q

What’s the background to ecclesiastical courts?

A

Used to have ecclesiastical courts and temporal courts

22
Q

What are the three possible definitions of ecclesiastical law?

A
  • law made by a church for itself- the law created by the state for the church - the law of the Church of England to the exclusion of all other law applicable to other churches
23
Q

Who argues that ecclesiastical law is the law of the Church of England to the exclusion of all other law applicable to other churches?

A

M hill

24
Q

What definition of the ecclesiastical law would canons fall under?

A

1 and 3

25
Q

What definition of ecclesiastical law would the Church of England assembly act 1919 fall under?

A

2 and 3

26
Q

The background to the word ecclesiastical And what view does it go with

A

Ekklesia (Greek) and ecclesia (Roman) A church of a group of Christians Goes with view 1

27
Q

European definition of Catholicism

A

The exercise of jurisdiction through institutionsInvolve a missionWorshipTeaching

28
Q

What does denning argue about ecclesiastical law?

A

General- law relating to the Church of England Technical- the law administered by ecclesiastical courts or persons We need to look at what the law governs to decide what it is

29
Q

The background to the word cannon law

A

Kanon (Greek) something we erasure conduct by

30
Q

What’s wrong with canon law as a definition?

A

Too much Christian associationReligious pluralism and secularisationIncreased migration

31
Q

How can canon law be interpreted?

A

Either narrowly or widely- the laws of the church OR- as a synonym for ecclesiastical law

32
Q

The definition of law on religion issues

A

May exclude the study of laws of general applicability that happen to affect religious individuals or groups

33
Q

What does Douglas argue?

A

Maybe we should look at family law

34
Q

How is family law similar to religion law

A
  • the goal was stable life and must be respected internally and externally (HRA)- it has grown with social change - many different legal fields impact it
35
Q

What is the European law on religion is more concerned about?

A

The external law and religious freedom

36
Q

The European consortium for church and state research

A

Annual meetings focus on what we define as religion law

37
Q

Davie argues

A

A shared European approach to religion

38
Q

Ferrari argues

A

We should look at the legal substance of the law and this will show us the European approach

39
Q

Doe…

A

Speaks of common law in Europe

40
Q

The European definition of ecclesiastical law

A

The law creates by the state for the church

41
Q

The English definition of law and religion

A

The law of the Church of England to the exclusion of all other law applicable to other churches

42
Q

There is a distinction between internal ecclesiastical law and external

A

Huizing Internal- the basic juridical relations within the church External- the juridical relations between church and state

43
Q

What type of ecclesiastical law is focused on?

A

External And how much they accommodate religious difference

44
Q

What could we look at instead of ecclesiastical law?

A

Internal religious law and external national and international laws affecting religion

45
Q

Some examples of what law and religion is

A

2002- girl not being allowed to wear a hijab to school2008- archbishop of Canterbury deliver a lecture on the interaction between English and Islamic law 2001- 9/11 how much should religion be accommodated? Art 9. ECHR

46
Q

European consortium for church and state research

A

Annual meeting focus on what we define as religion law

47
Q

A shared European approach to religion

A

DavieDoe

48
Q

European definition of ecclesiastical law

A

The law created by the state for the church

49
Q

English definition for ecclesiastical law

A

The law of the Church of England to the exclusion of all other law applicable to other churches

50
Q

Huizing

A

Both internal (within the church) and external (juridical relations between church and state) ecclesiastical law Texts mainly concerned with the latter

Public International Law (13 decks)

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