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Dissertations / Theses on the topic 'Religion and law'
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1
Vrtiska, Josef Michael. "Natural Law: Religion and Integrity." Thesis, The University of Arizona, 2010. http://hdl.handle.net/10150/146249.
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This thesis examines the contemporary debates over the meaning of natural law. Kent Greenawalt and Ronald Dworkin weigh in on this debate and oppose the theory of natural law with some theories of law that they have developed themselves. Greenawalt argues that citizens in a liberal democracy are not to rely on their religious convictions but rather on publicly accessible reasons. The religious convictions that these citizens have are to be a secondary reliance but can be used in situations where publicly accessible reasons are absent such as abortion. Dworkin develops his theory of Integrity as Law which he explains as a "chain novel." Law is like a novel being written in which the judges must continually add chapters. The goal is integrity. Judges must treat the law that is in place as part of the novel that has already been partly written. It is a way to improve upon the existing laws and precedents. In order for a unifying acceptance of law and development of law, theories of law must be developed. Greenawalt and Dworkin each offer alternative approaches to natural law, and in this thesis, I compare how these theories apply to legal debates concerning abortion and pornography.
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Sandberg, Russell. "Religion, society and law : an analysis of the interface between the law on religion and the sociology of religion." Thesis, Cardiff University, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.525073.
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This thesis is an investigation into teachers' status in Kuwait, what it is and the reasons for it. The question was posed and systematically investigated as to the standing of teachers, an issue of great significance for Kuwait and its education system. The thesis also explores the connections between teacher status and teacher education and the possibility of using improvements in teacher education to raise the status of teachers. The study is heavily based on empirical work, specifically: three substantial surveys and a case study that includes a fourth smaller survey. The collection of data is predominantly, though not exclusively, quantitative. A short questionnaire on teachers' status was administered to, 5200 citizens, 0.65% of the popUlation, using a network or 'snowball' technique. A longer questionnaire was administered to 320 final-year students in a cross-section of Kuwaiti secondary schools. A third questionnaire was administered to 1200 teachers (4% of the teacher population). The response rates for all three surveys exceeded 95%. The hypothetically significant variables considered in these surveys variously included gender, socio-cultural group, age, family status, academic ability, professional experience, subject specialism and nationality. In addition, an extended case study was carried out in the College of Basic Education, the training institution for primary teachers in Kuwait. The findings of these surveys and of the case-study are compared with each other and, to a lesser extent, with previous research that has been conducted in regard to teacher status in other educational systems. At an early stage of the analysis, some findings were presented to two members of the 'educational elite' in Kuwait for their interpretation and comment. The following are some examples of the findings of the study. Kuwaiti society sees the relative status of teachers as middle-order. The public have higher views of teachers than either teachers or trainee teachers have of themselves. The standing of the College of Basic Education is perceived as low by all sectors, including trainees at the college. Up to 28% of school-Ieavers were conSidering teaching as a career option, but almost none of these are academically able students. Kuwaitis choose teaching very much more for pragmatic than for 'vocational' reasons. Sociocultural group is the variable with the widest influence on the matters investigated. Gender is less significant than expected in some areas.
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Desmarais, Gabrielle. "Religion Drag: The Relevance of “Critical Religion” and Queer Theory to Canadian Law and Religious Freedom." Thèse, Université d'Ottawa / University of Ottawa, 2014. http://hdl.handle.net/10393/30438.
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This dissertation analyses the use of the word “religion” in Canadian law and theorises the consequences of its use for the legal protection of religious movements in Canada. Chapter One establishes the problems of the word “religion” in academic discourse by providing an overview of work in the field of critical religion. This dissertation considers whether the critiques of the term “religion” by scholars working within critical religion are equally relevant when considering the role of religion in human rights law. Chapter Two turns an investigative eye toward Canadian case law using the word “religion”, from Chaput v Romain (1959) to Alberta v Hutterian Brethren of Wilson Colony (2009). The analysis highlights how the use of “religion” in Canadian law does indeed reflect academic concerns. Chapter Three uses queer theory to speculate the consequences of an unstable concept of religion for the protection of religious freedom, especially as it pertains to new religious movements. Judith Butler’s notions of performativity and drag are applied to theorise the performance of “religion” and its outcomes. Some suggestions for how to proceed conclude the dissertation.
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Kiviorg, Merilin. "Freedom of religion or belief : the quest for religious autonomy." Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:6c5916d8-d69d-4f2d-91e5-a5586f8abd4b.
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In this thesis it is argued that while the concept of freedom of religion or belief itself is opaque and difficult to define, the right to religious freedom must contain certain basic factors – most importantly the right to individual (religious) autonomy. The individual autonomy approach is seen here as providing the necessary rationale for the protection of freedom of religion or belief. This rationale is not cemented in stone in the practice of the Convention and this has caused the Court to lose its focus on individual freedom. It is a dangerous tendency. It allows the focus to be placed on the role of the State and leaves freedom of religion or belief to be heavily affected by politics and fluctuating social attitudes. In this regard, this thesis looks for the meaning and scope of individual and collective religious autonomy and how it is and ought to be represented in the practice of the European Court of Human Rights. It is the aim of the author to contribute to a clearer and more principled understanding of Article 9 of the ECHR. The right to individual autonomy is thought to be able to provide the necessary focus for the European Court of Human Rights in creating a more robust framework for the protection of freedom of religion or belief different from current Court practice which shows inconsistency in its reasoning and theoretical chaos. This lack of clarity has also contributed to freedom of religion or belief being a relatively weak right. It is explored here as to how the principle of autonomy (as developed in this thesis) relates to other principles provided by the Court, namely the principle of State neutrality, pluralism and the effective protection of rights, but also the margin of appreciation and the autonomy of religious communities. The individual autonomy centred theoretical framework in the first part of the thesis will be engaged to analyse the conflict in the triangle of state-individual-community explored in the second part.
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Connell, James E. "Invalidating and incapacitating laws in the "Code of Canon Law"." Thesis, University of Ottawa (Canada), 1994. http://hdl.handle.net/10393/6542.
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Robert, Dominique 1950. "Humane bioethics : medicine, philosophy, religion and law." Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31531.
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This thesis is about the content and concerns of each of four disciplines pertaining to the field of bioethics: medicine, philosophy, religion and law. Emphasis is put on the human values each reflects in patients' lives. A last chapter is dedicated to patients' narrative in order to bring a practical perspective to the discussions of the previous chapters. The four essential human values interconnecting among the four disciplines are: the patients' need for authority, the need for protection, the existential questioning about the meaning of life, and the fear of death.
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Shaikh, Murtaza Hassan. "Protection of religious minorities : between Islamic law and international law : a comparative study of scope and freedom of religion." Thesis, SOAS, University of London, 2015. http://eprints.soas.ac.uk/26494/.
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Fehr, Stephanie Simone. "Religious discrimination in employment : a comparative analysis of the law in the UK, France and Germany, with reference to international and supranational law." Thesis, University of Manchester, 2014. https://www.research.manchester.ac.uk/portal/en/theses/religious-discrimination-in-employment--a-comparative-analysis-of-the-law-in-the-uk-france-and-germany-with-reference-to-international-and-supranational-law(8e48aa3c-2233-4169-8dec-4d8436ebe43d).html.
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This thesis analyses religious discrimination in employment, using an applied comparison of the law in the UK, France and Germany. To this end, the thesis first explores national church-state relations, establishing potential links to religious discrimination at work. The investigation then moves on to the standards set by the Council of Europe and the European Union, against which the law in the UK, France and Germany will be measured against. The final chapter brings together the findings in an overall comparison of the national law, with particular emphasis on the role of church-state relations and impact on religious minorities. The original contribution of this thesis to knowledge lies in the assessment of the topic in the context of three jurisdictions, its interconnectedness with the ECHR and EU frameworks, using the framework of church-state relations. The thesis reveals and explains similarities and differences between the law in the three jurisdictions, as well as the effects on employees practising their religion and underlying attitudes that formed the law. After identifying substantive neutrality as a promising characteristic of church-state models, it was set as a benchmark for assessment throughout the thesis. Themes emerging from the research reflect significant differences regarding religious discrimination in employment in the UK, France and Germany. Particularly striking is the arguably deliberate targeting of, and clearly detrimental impact on religious minorities by means of indirectly discriminating law in France and Germany, as well as some directly discriminating provisions that were enacted in the course of the German ‘headscarf debate’. It is suggested, accordingly, that stereotypical assumptions about ‘otherness’ have influenced legislation, as well as case law, using church-state relations to underscore the decisive arguments. Due to its largely hypothetical nature, the assessment of the domestic laws’ compatibility with European international and supranational legal frameworks result in a number of cautious predictions. Widespread compliance appears fairly likely in relation to the law in the UK, whereas French and German law can be challenged in several regards. Finally, this research contributes proposals aiming at effective solutions for a variety of religious discrimination scenarios pertinent in the UK, French and German work environments.
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Stephens, Julia Anne. "Governing Islam: Law and Religion in Colonial India." Thesis, Harvard University, 2013. http://dissertations.umi.com/gsas.harvard:10842.
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This dissertation charts how the legal regulation of Islam in colonial India fostered a conception of religion that focused on dividing it from secular economy and politics. Colonial law segregated religious law from other branches of law through intersecting binaries that pitted religion against reason and family against the economy. These binaries continue to shape both popular and scholarly approaches to South Asian religion. Unsettling these common assumptions, the dissertation reveals the close relationship between contemporary conceptions of religion and the imperatives of imperial governance. By segregating religious from secular law, the British developed a bifurcated strategy of governance that balanced contradictory commitments to preserving Indian traditions with introducing modernizing reforms. Scholars have traditionally located the origins of the colonial approach to administering Indian religious laws in the early decades of Company rule. The dissertation argues instead that the conceptual framework of religious personal laws emerged between the second and third quarter of the nineteenth century. Changing concepts of sovereignty, an evangelical commitment to spreading Christian civilization, and the integration of colonial production into global markets led colonial officials to look for ways to consolidate the authority of the colonial state. Due to the history of Mughal rule, colonial officials viewed Islamic law as posing a particular threat to colonial suzerainty, placing Islam at the center of these debates. Limiting religious laws to the sphere of domestic relations and ritual performance allowed the colonial state to maintain the rhetoric of respecting Indian religions while consolidating new bodies of criminal, commercial, and procedural law. The boundaries colonial law drew around religion, however, proved unstable. By bringing different definitions of religion into dialogue, legal adjudication in courts unsettled the boundaries between religious and secular authority that colonial legislation and legal texts attempted to solidify. The dissertation looks at legal debates occurring in different levels of the judicial system and in the wider court of public opinion, turning to newspaper coverage of trials and literature on Islamic law. The dissertation uses this broadened archive of legal contest to explore alternative understandings of the relationship between religion, politics, and economy.History
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Ellis-Jones, Ian. "Beyond the Scientology case : towards a better definition of what constitutes a religion for legal purposes in Australia having regard to salient judicial authorities from the United States of America as well as important non-judicial authorities /." University of Technology, Sydney. Faculty of Law, 2007. http://hdl.handle.net/2100/404.
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The aim of this thesis is to formulate a better definition of religion for legal purposes than the formulation arrived at by the High Court of Australia in the 1983 decision of Church of the New Faith v Commissioner of Pay-roll Tax (Vic). In that case, known in Australia as the Scientology (or Church of the New Faith) case, two of five justices of the High Court of Australia considered belief in a supernatural Being, Thing or Principle to be an essential prerequisite for a belief system being a religion. Two other justices stated that if such belief were absent it was unlikely that one had a religion. There are major problems with the High Court’s formulation in the Scientology case. First, it does not accommodate a number of important belief systems that are generally regarded as being religious belief systems, even though they do not involve any notion of the supernatural in the sense in which that word is ordinarily understood. Secondly, the Court provided little or no guidance as to how one determines whether a particular belief system involves a supernatural view of reality. The guidance that was given is ill-conceived in any event. Thirdly, it is philosophically impossible to postulate a meaningful distinction between the “natural” and the supposedly “supernatural” in a way that would enable the courts and other decision makers to meaningfully apply the “test” enunciated by the Court. The thesis combines a phenomenological approach and the philosophical realism of the late Professor John Anderson with a view to eliciting those things that permit appreciation or recognition of a thing being “religious”. Ultimately, religion is seen to comprise an amalgam of faith-based ideas, beliefs, practices and activities (which include doctrine, dogma, teachings or principles to be accepted on faith and on authority, a set of sanctioned ideals and values in terms of expected ethical standards and behavior and moral obligations, and various experientially based forms, ceremonies, usages and techniques perceived to be of spiritual or transformative power) based upon faith in a Power, Presence, Being or Principle and which are directed towards a celebration of that which is perceived to be not only ultimate but also divine, holy or sacred, manifest in and supported by a body of persons (consisting of one or more faithxvii based communities) established to give practical expression to those ideas, beliefs, practices and activities. The new definition is tested against 3 very different belief systems, Taoism (Daoism), Marxism and Freemasonry.
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Martins, Julia. "Arbetsgivarens rätt att kräva religiös neutralitet och arbetstagarens skydd mot diskriminering på grund av religion." Thesis, Umeå universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-141909.
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Kallikkattukudy, Joy Paul. "Fraud and nullity of marriage in canon law and Indian civil law: A comparative analysis." Thesis, University of Ottawa (Canada), 2004. http://hdl.handle.net/10393/29123.
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The mutual recognition and acceptance of canon law and civil law have generated interesting debates through the centuries. This is particularly true since the Second Vatican Council called for a new way of thinking on matters pertaining to our religious way of life and on our relationship with other peoples and nations. As a result many pastorally important issues have surfaced. One of these is the possibility for the Church of recognizing and accepting a legitimate decision of the nullity of a marriage by a civil court.
India, a secular country by constitution, accommodates many religions. The State recognizes the laws of all religious groups and acknowledges them as Personal Civil Laws, such as Indian Christian Marriage Act of 1872 and the Indian Divorce Act of 1869, governing matters such as marriage, succession, and divorce. Therefore, when carrying out any action which has consequences in civil law, every person is expected to observe his/her applicable personal civil law.
According to the Church's teaching, marriage is indissoluble. However, the Church provides for a declaration of invalidity under strict conditions. A close examination of the ecclesial and civil laws indicates that, in order to protect the sacredness of this institution and to prevent invalid marriages, both systems have established a number of impediments and defects of consent which invalidate marriage ab initio.
While Indian civil courts do not recognize the declarations of nullity granted by an ecclesiastical court, the Church does not accept a civil decree of nullity or of divorce. This particular confrontation between the two systems of laws naturally results in undue pain, tension and financial burdens for the persons involved. Therefore, we ask the question: Is it possible for the Church formally to accept a legitimately issued civil decree of nullity and allow the parties to marry in accordance with the norms of canon law without submitting them to a fresh new canonical trial? This question defines the hypothesis of our dissertation.
Our study has demonstrated that there is substantial agreement between canon law and Indian civil law on several substantive aspects of marriage. For example, both hold that the right to marriage is a natural right of every human being. Both have established impediments in order to protect the social institution of marriage from being contracted invalidly. Both systems also recognize the invalidating effect of deceit. Once it is proven with moral certainty, or beyond reasonable doubt, that one party was deceitful in obtaining the consent of the other, both systems of law consider the marriage null and void. Therefore, at least in the case scenario discussed in our study, the Church can formally recognize and accept a civil declaration of invalidity of a marriage and declare the parties involved free to enter upon a new canonical marriage according to the norms of canon law. We maintain that this conclusion, mutatis mutandis, can be applied also to other similar hypotheses.
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Temnenko, Zeyneb. "Religion in the Legal Systems of Turkey and Morocco." Master's thesis, Temple University Libraries, 2012. http://cdm16002.contentdm.oclc.org/cdm/ref/collection/p245801coll10/id/281842.
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ReligionM.A.
In this Master's thesis, I plan to compare the following aspects of religious life in Morocco and Turkey: - the way religion (Islam) is regulated on the official level, - the way religious secondary education functions (imam-hatip schools in Turkey and madrasahs in Morocco), - the way women's rights are regulated. I also plan to compare the religious legislation that the Moroccan and Turkish governments have passed. In my work, I will use both primary sources such as constitutions, laws and other legal documents in their original French and Turkish languages, and also secondary sources such as books and published reports. I argue that both Morocco and Turkey have lenient and flexible systems of laws that regulate religion, and both of these countries could serve as examples of efficient governmental regulation of the religious realm. Although Turkey has been a secular country since the demise of the Ottoman Empire in 1923, it has neither been an atheist country, nor has it ever adopted atheist policies. Turkish secularism, if it can be explained in a few words, does not only separate religion and state, it also restricts and provides freedom from religion, from certain Islamic symbols and practices in public sphere and state institutions. Turkish secularism does not prohibit practicing religion. It rather curtails the exterior symbols of religion. Morocco is a Muslim country with emerging secularist policies that are being undertaken on the official level. Moroccan King Mohammad VI tries to curb any beginnings of Islamic insurgence or radicalism. The King also tries to control the religious sphere and the meanings of religion. The Turkish government, on the other hand, tries not to associate itself with religion as it might cost it the loss of its secular and moderately religious electorate.
Temple University--Theses
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Ali, Amal. "At the intersection of law, gender and religion : qualifying the right to manifest a religious belief." Thesis, University of Sheffield, 2016. http://etheses.whiterose.ac.uk/16761/.
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The right to manifest a religious belief is enshrined in the European Convention on Human Rights and has been under some attack lately in a number of Contracting Party States. In response to increasingly visible religious pluralism, a number of States have created legislation which limits this right in certain instances through the criminalisation of religious manifestations. This thesis considers the representation of women, their right to manifest their religious belief and inclusion in policy by the European Court of Human Rights (ECtHR), employing a doctrinal analysis within a law in context approach. It will therefore include extensive case law analysis of the jurisprudence of the ECtHR and examine the language, content and legal concepts integrated in the areas of religious manifestations and gender equality. It also draws on the quantitative and qualitative research that has been conducted by researchers across Europe who have evidenced that women are disproportionately affected by such bans and documents the experiences and motives of the women affected. Using intersectional feminism, feminist judging and gender mainstreaming as a form of critical scholarship it concludes that the bans are based on outsider experiences and views and proposes a more inclusive framework for qualifying the right to manifest a religious belief.
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Mergui, Mourad. "La religion et la commune." Thesis, Cergy-Pontoise, 2014. http://www.theses.fr/2014CERG0737.
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La loi de 1905 intègre la notion de séparation stricte entre les cultes et l'État, mais aussi, permet l'émergence de la notion de neutralité religieuse de l'État, constituant une forme de privatisation de la religion désormais marginalisée. En un siècle, la situation a notablement changée puisqu'il a été envisagé de considérer l'aboutissement éventuel à un troisième seuil de la laïcité. Les religions sont nécessaires à la société civile, à son épanouissement et son équilibre, et en conséquence elles doivent pouvoir œuvrer librement avec l'appuie et la protection de l'État. Désormais, ni l'État ni les communes ne peuvent s'immiscer dans la religion sauf pour préserver l'ordre public, C'est pour cela que les ministres du cultes se sont vus revêtir de la mission d'organisation et de gestion des cultes. Cependant, certaines religions n'intègrent pas d'organisation hiérarchique, ce qui empêche la mise en place d'un ministre du culte (par exemple l'Islam). A l'époque contemporaine, plusieurs problèmes se posent car le paysage religieux a changé. Les questions de subventions des cultes, les inhumations, plus en profondeur la relation des communes avec les cultes présents sur leurs territoire et l'immixtion de l'État dans les affaires de locales, sont des questions récurrentes qui méritent réflexionThe 1905 law incorporates the concept of strict separation between religions and the state, but also allows the emergence of the concept of religious neutrality of the state, constituting a form of privatization of religion now marginalized. Within a century, the situation has changed significantly since it was proposed to consider the possible outcome to a third threshold of secularism. Religions are necessary for civil society to flourish and balance, and consequently they must be able to work freely with the support and protection of the state. Now, neither the state nor local authorities can not interfere in religion except to preserve public order, This is why ministers cults are seen to take the organization and management tasks of Worship. However, some religions do not include hierarchical organization, which prevents the establishment of a minister of religion (eg Islam). In modern times, several problems arise because the religious landscape has changed. Issues grants of worship, burials, deeper relationship with the common religions present on their territory and the interference of the state in the affairs of local, are recurring issues that deserve consideration
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Willey, Hannah Rose. "Law and religion in the archaic and classical Greek poleis." Thesis, University of Cambridge, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.607836.
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Adlington, Hugh Christian. "John Donne and the Thirty Years' War : religion, diplomacy and law." Thesis, King's College London (University of London), 2006. https://kclpure.kcl.ac.uk/portal/en/theses/john-donne-and-the-thirty-years-war--religion-diplomacy-and-law(ccb78ae3-8e43-436b-b6ad-15b5b475871b).html.
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Ucak, Hursit. "Law Enforcement Intelligence Recruiting Confidential Informants within “Religion-Abusing Terrorist Networks”." VCU Scholars Compass, 2012. http://scholarscompass.vcu.edu/etd/2717.
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This study examines the motivation factors that make some individuals (terrorists) confidential informants. The study is based on the assumptions of Maslow’s hierarchy of needs and Herzberg’s motivation-hygiene theories. Accordingly, main assumption of the present study is that some individuals with unsatisfied needs in religion-abusing terrorist (RAT) networks choose to become confidential informants to satisfy their predominant needs. The main hypothesis for the purpose of this study is “The individuals’ decision-making processes to cooperate with law enforcement intelligence (LEI) as a confidential informant is affected by some motivation factors during recruitment process.” The present study tests 27 hypotheses in order to answer two main research questions. To meet its objectives the present study uses quantitative research methodology, constructs a cross-sectional research design, and employs secondary data analysis to test the hypotheses of the research questions. A dataset was formed based on official records of Turkish National Police by including all confidential informants within eight different RAT networks in Turkey. First, individual effect of each motivation factor on being a confidential informant is tested and discussed in detail. Then two group specific multivariate models for being an informant in Al-Qaeda and Turkish-Hezbollah are illustrated, compared and contrasted. Both bivariate and multivariate statistical analyses not only revealed the extent of individual effects of motivations among RAT groups, but also helped us to build fitting multivariate models that explain the probability of being informants in certain RAT networks. By doing so, the present study aims to make contributions to the literature and practice on this relatively unexplored phenomenon. Findings indicate that while some motivation factors are common among all RAT networks, the strength and direction of their effects vary among different RAT networks.
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Gallagher, Alan L. "Each in its own sphere : religion and law in Oregon history." PDXScholar, 1985. https://pdxscholar.library.pdx.edu/open_access_etds/3575.
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Cogan, Patrick J. "The understanding of defection in the 1983 Code of Canon Law." Thesis, University of Ottawa (Canada), 1991. http://hdl.handle.net/10393/7931.
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Schurb, Ken Ray. "Philip Melanchthon, the formula of Concord, and the third use of the law /." The Ohio State University, 2001. http://rave.ohiolink.edu/etdc/view?acc_num=osu1488205318509405.
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Passannanti, Erminia. "Italian cinema and censorship by religion." Thesis, Brunel University, 2014. http://bura.brunel.ac.uk/handle/2438/13863.
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This thesis discusses clerical censorship against the film industry as a phenomenon encompassing questions of popular education and mass culture, power formation, and ideological struggles. It argues that clerical censorship should be understood not as the undertaking to simply make sins less attractive, in films, but as the Church's efforts to influence the state and police force, magistrates, or government censorship boards to prohibit or remove certain films’ offensive contents, which are believed to be ideologically contrary to the Church’s doctrine. The financial, political and legal sanctions called in force by Church censorship surely go beyond the idea of moral reprimand recommend by the Catholic teachings. They put in action what Gramsci called culturally influential ‘hegemony’. In particular, film boycott will be flagged out as that method which empowers the clergy (composed of high prelates, clergymen, and nuns) to influence their followers (flock of souls) to not even consider watching films, containing representations and ideas unapproved of by the Pope. In implementing its control techniques, by means of its reticular system, the church edits indexes, which set criteria for condemning and banning as ‘immoral’ and ‘harmful’, artistic products and ideological ideas, which threaten its theological standpoints. In this sense, the Catholic’s habit to set film ratings and spread public shaming may be said to contribute towards Church censorship as a wide-ranging practice. In consideration of the fact that the various forms of influence and control over the Catholic communities, exercised at local and national level by the clergy in parish churches, communities, schools, associations, and through the media, are acknowledged in this thesis as methods of clerical censorship, I also discuss the action and the militancy of self-appointed censors of Catholic background, who align themselves with the existing governmental censorship boards. In particular, this thesis conducts and examination of how filmmakers, producers, and distributors may at times witness their films being totally suppressed by state and church censorship, and at others, manage to bypass the trouble of compliance with censorship regulations by negotiating ploys to escape severe confrontation in the field of legal censorship. To reveal facts hidden behind the nation’s façade of liberalism and progressivism, this thesis addresses the conceptions behind constitutional/legal censorship and Church censorship. I demonstrate how the power of film censorship located in the nation's major centres of power, the judiciary and the religious, exercise double-edged forms of censorship, using their authority to influence society and individuals. A focus will be placed on recent reforms, which have aptly solved this impasse, and secured larger margins of freedom for the Italian film industry. Indeed, as my argument supports, cinema, as an art form, is also highly fertile in ideological and artistic dissidence against censorial forms of state and church, which attempts to influence and at times limit both the artists' expressive freedom and the audience's right to be entertained and informed.
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Robinson, Bambi Elizabeth Stuart. "Confidentiality in the professions of law, medicine, psychotherapy and in the Roman Catholic Church /." The Ohio State University, 1989. http://rave.ohiolink.edu/etdc/view?acc_num=osu1487590702990022.
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Gaffney, Christopher. "Priests, religious, and public office in the 1983 Code of Canon Law." Thesis, University of Ottawa (Canada), 1990. http://hdl.handle.net/10393/5901.
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The subject of this study is canon 285, par. 3 of the 1983 Code of Canon Law which forbids clerics from assuming any public office (officia publica) which entails a participation in civil power (civilis potestas). This canon represents a notable shift of perspective away from the requirement in the 1917 Code of obtaining permission to assume a public office involving the exercise of civil power. The emphasis is now on a straightforward prohibition with no direct reference to exceptions in the law. It is the hypothesis of this study that while canon 285, par. 3 is verbally stronger, more emphatic, and less specific with regard to exceptions than the prior legislation, when interpreted and applied in the context of the church as communio, it reflects an extremely nuanced approach to this issue on the part of the law which does not favour the hard and fast rule that public offices are open to the laity and closed to the clergy. The methodology of the dissertation is structured on the recognition that canon 285, par. 3, like all human laws, came into existence because someone, the legislator, perceived a value which could benefit the community, formulated a norm to achieve that value, and finally asked the community to act on the norm and appropriate the value. Thus, the study lists those values which, in different periods, the legislator has sought to uphold by legislation concerning clerical and religious participation in civil power. It finds that the value underlying the contemporary law is the ministerial health of the communio. A textual and contextual analysis of canon 285, par. 3 concludes that the legislator signifies his intention of focussing on the juridical status of sacred ministers which, of its nature, is changeable and not on the unchangeable elements of ordination. In this light, there appears to be no direct link between the prohibition from public office and the nature and effects of ordination. Furthermore, since permanent deacons are exempted from the prohibition in virtue of canon 288, it seems reasonable to infer that the prohibition from public office is not based on the incompatibility of such offices with the clerical state and encourages a pastoral flexibility and sensitivity. In a concluding section, the study treats of the power of diocesan bishops to dispense from canon 285, par. 3 which, when considered in the context of communio, highlights the necessity of employing such structures as the presbyteral council, the conference of bishops, and the pastoral council, in the evaluation and application of the canon.
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Evans, Carolyn. "Freedom of religion or belief under the European Convention of Human Rights." Thesis, University of Oxford, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.313453.
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Wang, Laura Li Ching. "Natural Law and the Law of Nature in Early British Beast Literature." Thesis, Harvard University, 2013. http://dissertations.umi.com/gsas.harvard:11234.
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In the tumultuous political environment of late fifteenth- and early sixteenth-century Britain, animal literature saw rapid development and innovation. Beast fable and epic, which already had a long tradition in Latin and French, gained new vigor and popularity in English and Scots renditions. Simultaneously, a new strain of political theory appeared in the vernacular. This dissertation makes a tripartite argument about the relationship between these two discourses. First, writers of literature and political theory alike struggled to reconcile an optimistic view of human society, inherent in the prevailing philosophical tradition of natural law, with the widespread corruption they witnessed in ecclesiastical and royal courts. The fruits of this struggle were darkly humorous works of beast epic and fable in the former case, and pragmatic political theory in the latter. Second, because of its literary character, beast literature actually proved more adventurous than political theory in demonstrating how one might use dissimulation to dominate the predatory world of politics, and in showing the moral and linguistic exhaustion that could result from such manipulation of others. Third, as political writers adapted their theories to reflect politics as it was actually practiced, they explicitly turned to beast literature for images and exempla, so that the animal characters of Aesopian fable and Reynardian epic stealthily crept into works of serious political inquiry.
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Fernando, G. Charles Anthony. "The relationship between law and love in the Gospel of John." Thesis, University of Ottawa (Canada), 2001. http://hdl.handle.net/10393/9412.
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Law and love are two of the very important themes of the Fourth Gospel. Surprisingly, there have been only a few works on the theme of love and still fewer on the theme of law. In fact, there are only two monographs on the concept of law in the Fourth Gospel: an English one, Law in the Fourth Gospel, by Severino Pancaro and the other, a German one, Umstrittener Zeuge, by Markku Kotila. A survey of the works produced on the themes of law and love in the Fourth Gospel is presented in the Introduction. However, there has not been so far a single work which deals with the relationship between these two themes in the Fourth Gospel. Therefore, the present thesis is a new venture in the on-going johannine research. This thesis intends to demonstrate that the relationship between the concepts of law and love in the Fourth Gospel is an inalienable feature in the structure of the whole Gospel. The relationship between law and love is interwoven in the content and message of the Fourth Gospel. It is not just a coincidence that the theme of law, and even the occurrences of the term itself, find a place of predominance in the first part of the Gospel (chapters 1--12). In the same way, the theme of love and the frequency of the term itself gain utmost importance in the latter part of the Gospel (chapters 13--21). The relationship between the concepts of law and love belongs to the very core of the message of the Fourth Gospel. This thesis consists of two parts. Part One, comprising of three chapters (chapters one, two and three), deals with the law in the Fourth Gospel and the two chapters (four and five) of Part Two treat the theme of love. The Conclusion presents the Relationship between law and love in the Fourth Gospel. All three chapters of Part One demonstrate beyond doubt that the reality of the law in the Fourth Gospel is only positive and it has the function of leading the people to Jesus, who fulfills the relationship of love, commenced by God in the Old Testament through the mediation of Moses. A deeper look into johannine Christology presents us with the interesting insight that Jesus is not the one who fulfills the law, rather, it is the law which finds its fulfillment in Jesus. The law is only subservient to Jesus, the one in whom the revelation of God finds its fullness. (Abstract shortened by UMI.)
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Osman, Fatima. "Freedom of Religion and the headscarf: a perspective from international and comparative constitutional Law." Master's thesis, Faculty of Law, 2013. http://hdl.handle.net/11427/32997.
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his thesis analyses whether a legislative ban on wearing a headscarf breaches the right to freedom of religion, as such right is universally understood. It describes the ambit of the right to freedom of religion by examining the theoretical justification and importance of the right and thereafter analysing how the right is recognised in international and regional treaties and domestic constitutions. It demonstrates that religious freedom comprises of the right to hold a religion and the right to manifest a religion in the form of worship, observance, practice and teaching. Religious freedom, however, is not absolute and the thesis explains in the light of international and comparative case-law that the right to freedom of religion may be limited by a law that pursues a legitimate state interest and is reasonable. In light of this theoretical framework the thesis examines the practice of Muslim women wearing a headscarf and argues that the practice constitutes a manifestation of Islamic belief protected by the right to freedom of religion. Thereafter this thesis examines French, Turkish and German prohibitions on wearing a headscarf, the effect of these laws on Muslim women and the justifications furnished for such laws. It is argued that the state interest of preserving secularism relied upon to justify a headscarf ban is not legitimate and does not justify a headscarf ban. Furthermore, even where the state has a legitimate interest in preventing the coercion of young girls, promoting the equality rights of women and maintaining safety and order, a headscarf ban does not constitute a reasonable limitation of religious freedom. Ultimately, this thesis argues that a headscarf ban exacerbates the problems it is meant to solve and constitutes an unjustifiable infringement of religious freedom.
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Neoh, Weng Fei Joshua. "Law, love and freedom." Thesis, University of Cambridge, 2018. https://www.repository.cam.ac.uk/handle/1810/285411.
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How does one lead a life of law, love and freedom? This inquiry has very deep roots in the Judeo-Christian tradition. Indeed, the divergent answers to this inquiry mark the transition from Judeo to Christian. This dissertation returns to those roots to trace the routes that these ideas have taken as they move from the sacred to the secular. The argument of this dissertation is threefold. First, it argues that the concepts of law, love and freedom are each internally polarized. Each concept contains, within itself, conflicting values. Paul's equivocation in his letters is a striking manifestation of this internal polarization. Second, it argues that, while values are many, my life is one. Hence, one needs to combine the plurality of values within a singular life. Values find their coherence within a form of life. There are, at least, two ways of leading a life of law, love and freedom: monastic versus antinomian. Third, it argues that the Reformation transformed these religious ideals into political ideologies. The monastic ideal is politically manifested as constitutionalism, and the antinomian ideal is politically manifested as anarchism. There are, at least, two ways of creating a polity of law, love and freedom: constitutional versus anarchic. To mount the threefold argument, the dissertation deploys a whole range of disciplinary tools. The dissertation draws on analytic jurisprudence in its analysis of law; ethics and aesthetics in its analysis of love; political philosophy in its analysis of freedom; biblical scholarship in its interpretation of Paul; the history of ideas in its study of the formation and transformation of these ideas; and moral philosophy in concluding how one could lead a life of law, love and freedom.
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Ahmed, Farrah. "Religious autonomy and the personal law system." Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:e8d532c3-be53-4823-ba9d-bb78a9aaefcc.
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This thesis examines the Indian system of personal laws (‘the PLS’), under which the state applies a version of religious doctrine to the family matters of citizens whom it identifies as belonging to different religious groups. There has been a lengthy and persistent debate over the PLS, particularly in relation to its discriminatory effects upon women. However, another problem with the PLS has been little commented-upon. Supporters of the PLS emphasise its positive impact on religious freedom to such an extent that there is a pervasive assumption that the PLS is, indeed, good for religious freedom. But there has been surprisingly little critical assessment of the truth of this claim in either academic or political debates. This thesis, a work of applied normative legal theory, attempts to fill this important gap in the literature on the PLS. The thesis addresses the question of how the PLS affects one conception of religious freedom, namely religious autonomy. Its principal findings are that the PLS interferes with the religious autonomy of those subject to it by affecting their religious options (by interfering with their freedom from religion and their freedom to practice religion) and by harming their self-respect (by discriminating on the grounds of sex and religion, and by misrecognising their religious identities). Furthermore, the thesis finds that the PLS cannot be defended in the name of religious autonomy based on the possibility of exit from the system, the advantage of having the ‘option of personal law’, the power it gives people to bind their future selves, the expressive potential of the personal laws, the contribution it makes to membership in a religious community, the contribution it makes to religious group autonomy, or the recognition or validation it provides for religious identities. These conclusions imply that concerns relating to religious autonomy constitute an important set of objections to the PLS. The thesis then considers several reform proposals, including certain modifications of the PLS, a move towards a millet system, ‘internal’ reform of individual personal laws and the introduction of a Uniform Civil Code. It particularly focusses on one reform possibility – religious alternative dispute resolution – which has not been considered closely in the Indian context.
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Mathers, Douglas J. "Canonization of civil law in the 1983 Code of Canon Law according to Canon 22." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.
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Kiffman, Robert M. "The implementation of canon law in Ontario regarding decent support for retired Diocesan clergy." Thesis, University of Ottawa (Canada), 2004. http://hdl.handle.net/10393/29126.
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More Roman Catholic clergy enter retirement every year. Vatican II and the Code of Canon Law, 1983, introduced language common to the marketplace and changed the framework of support for a presbyter. Changes included, such terminology as wages, remuneration and contract; the values, rights, and criteria to determine the support due to an active, inactive or a retired presbyter. The right to support, including housing, normally for life, resides in the juridical bond of incardination. The pertinent canons in the matter of support for clergy are canons 281 and 538, §3. Are the dioceses of Ontario in compliance with the laws pertinent to the support of a presbyter in retirement?
Chapter One provides the biblical and historical foundations associated with the support of ministers of religion in the Old and New Testaments, early Christianity up to the Edict of Milan in 313, and in the 1917 Code . Chapter One considers problems associated with "wandering clergy" and the development of the notion of canonical title to ensure the support of the presbyter for life. The titles of benefice, patrimony, and pension existed in the context of property law. The ordinary title for ordination in Ontario, "service to the diocese" is a non-proprietary title included in the 1917 Code that shifted the source of rights to support from property law to law of contract for hire.
Chapter Two considers the ecclesiastical documents from Vatican II and the 1983 Code concerning presbyteral support. Social justice and the dignity of the human person and the value of a presbyter's labour is the cause of rights to obtain support in commutative and distributive justice. Canonical issues revolve around the obligation of the Christian faithful to provide support, the sources and loss of support in active ministry, incapacity, and in retirement.
Chapter Three considers the law and CCCB decree, No. 31, measured against a number of objective economic standards of time and place. The chapter considers constitutive elements of support, classifications of housing and the tax implications of low rent. According to the narrative accounts of two surveys, the "Priests' Survey on Retirement" indicates the current diocesan practice of providing support is flawed.
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Gilzer-Katz, Ariella. "Law, religion and domestic violence : a study of judicial decision-making by Israeli religious courts in cases of domestic violence." Thesis, University of Essex, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.437674.
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Rubin, Robert Daniel. "Establish no religion faith, law, and public education in Mobile, Alabama, 1981-1987 /." [Bloomington, Ind.] : Indiana University, 2009. http://gateway.proquest.com/openurl?url_ver=Z39.88-2004&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&res_dat=xri:pqdiss&rft_dat=xri:pqdiss:3380126.
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Thesis (Ph.D.)--Indiana University, Dept. of History, 2009.Title from PDF t.p. (viewed on Jul 14, 2010). Source: Dissertation Abstracts International, Volume: 70-12, Section: A, page: 4826. Adviser: Michael C. Grossberg.
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Cookson, Robert J. "Archibald Johnston of Wariston, religion and law in the Covenanting revolution, 1637-1641." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=84498.
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This dissertation explores the significance of law and religion to the Scottish Revolution through the career of Archibald Johnston of Wariston. As a lawyer committed to the defense of Scottish Presbyterianism against the Anglicanism of Charles I, Wariston epitomized the legal and religious objectives of the Revolution. While his importance to the Revolution is marked in the historiography, Wariston has received little specialized study. This work draws on manuscript collections from Edinburgh University Library, the National Archives of Scotland and the National Library of Scotland to reconstruct his vision of the Scottish constitution. As the most intimate source of his religious life, his diary is explored in a social and political context to construct a composite view of his private piety and his public policy.Wariston joined visceral opposition to innovations in religious worship imposed by Charles I. He rose in prominence because his legal expertise was indispensable to a Revolution predicated on a constitutional challenge of the authority of the Crown. The Revolution was a nationalist revolt against an alleged English imperialism. Wariston's religious experience in the Revolution revealed that the Church was the touchstone for a revival of national consciousness of Scottish laws, courts, customs and history. Wariston participated in the rediscovery and reinterpretation of Scottish law to undo decades of Anglicized Crown reform in Church and State.
When war began in 1639 Wariston became central to intelligence gathering and the forging of a loose alliance with English opponents of Charles I. This intelligence network informed Scottish propaganda to England and proved decisive in turning English popular opinion against the King. In 1640 Charles was forced to abandon war and enter into the negotiations which led to the London Treaty of 1641. Wariston pursued two main objectives---Scottish independence and permanent institutions of Anglo-Scottish cooperation---to ensure Scottish influence in English policy. While the latter initiatives were deferred in the Treaty, the Revolution achieved independence and the preservation of Scottish Presbyterianism. This study finds that ideas of religion and law in the Revolution were shaped by the overarching imperative of independence and a renewed Scottish nationalism.
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McIvor, Méadhbh. "To fulfil the law : evangelism, legal activism, and public Christianity in contemporary England." Thesis, London School of Economics and Political Science (University of London), 2016. http://etheses.lse.ac.uk/3343/.
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This thesis contributes to the ethnographic corpus by charting the contested place of ‘public’ Christianity in contemporary England, which I explore through the rise of conservative Christian political activism and Christian interest litigation in the English courts. Based on twenty-two months of dual-sited fieldwork split between a Christian lobby group and a conservative evangelical church, it is unique in putting the experiences of religious activists at the legal coalface in direct conversation with (one subsection of) the conservative Christian community they appeal to for spiritual and financial support. I attend to the values, desires and goals of those seeking to live out their faith in a context they paint as hostile to its manifestation. I argue that, despite the apparently innovative legal forms through which these values and desires are articulated, the primary motivations of those involved are far from novel. Rather, they reflect historic and abiding concerns within evangelical Christianity: an abhorrence of sin; Christ’s offer of freedom from it; and the duty to tell others of this possibility. Equally longstanding, however, are tensions over how best to discharge these missionary obligations. Thus, this work is also an exploration of the evangelistic anxieties experienced by the members of one church community in their efforts to do so, and of their creativenavigation of the competing moral commitments around which their lives are structured. I argue that their theoretical value monism – in which the many goals they seek to achieve can be subsumed under the ideal of submission to God’s Word – takes on particular contours as it is challenged by the value pluralism dominant in twenty-first century London. While Christian activists view high-profile legal cases as vehicles through which to (re)evangelise the nation, I show that evangelicals on the ground are deeply ambivalent about the impact of this ‘legal theology’.
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Menezes, Valerian M. "The executive power of the diocesan bishop according to the 1983 Code of Canon Law." Thesis, University of Ottawa (Canada), 2003. http://hdl.handle.net/10393/29061.
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Canon 391, §1 of the 1983 Code distinguishes the power of governance of a diocesan bishop as legislative, executive and judicial. This threefold distinction is based on the division of powers in a secular system of governance. Although, in a democratic civil society, three independent organs exercise legislative, executive and judicial powers, such a division is not possible in the Church because of the nature and the purpose of its power.
In the canonical tradition of the Church, the concepts of legislative and judicial powers have generally remained the same. However, the notion of executive power has been subject to progressive understanding, especially after the Second Vatican Council. The 1917 Code, in c. 335 stated that the bishop governs his diocese with legislative, judicial and coercive powers. The Second Vatican Council described it as right/duty of making laws, passing judgement and moderating. The seventh revision principle of the 1983 Code used the term "administrative" instead of "moderating." While the Code revision process had an inconsistent use of the terms "executive" and "administrative," the Code itself, in cc. 135, §1 and 391, §1 prefers the term "executive." Moreover, the Code also uses the expressions "administrative power" and "acts of administration." Some other documents related to the Code equate "executive power" with "administrative power." There is no consensus concerning these concepts in the post conciliar canonical literature. Therefore, it is difficult to determine the exact nature and scope of the executive power of a diocesan bishop in the Code.
The first chapter of this study discusses the theological nature of the power of the diocesan bishop in the light of the Second Vatican Council. This provides the theological context within which the juridical nature of the diocesan bishop's power of governance is to be understood. The focus of the second chapter is on the nature and scope of executive power in general, and its juridic nature. Here, the study proves that the expression "administrative power" in the Code refers to "executive power" itself. "Acts of administration" in the Code are distinct from "administrative acts," and therefore, they are subject to distinct processes. With this clarification, the study provides a definition of executive power. After analysing the acts of executive power in general (the general and singular administrative acts), in the third chapter, the study makes an attempt in the final chapter to determine the acts of the diocesan bishop's executive power in the 1983 Code, and then draws some conclusions.
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Oliveira, Lívio Luiz Soares de. "Ensaios sobre economia da religião e torneios de promoção em organizações religiosas." reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2009. http://hdl.handle.net/10183/18311.
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Esta tese tem dois objetivos: O primeiro é evidenciar, com base na literatura de Economia da Religião, a premissa de racionalidade humana relativa ao comportamento religioso. Com esse objetivo, realiza-se uma discussão dos fundamentos teóricos da Economia da Religião: a Escolha Racional, a Teoria do Consumidor aplicada à religião, o modelo de produção doméstica de Gary Becker e a Teoria do Mercado Religioso. Também se apresenta e se discute alguns dos principais modelos teóricos da Economia da Religião, citando, sempre que possível as evidências empíricas existentes na literatura. Como meio de contribuir para a discussão nessa área, são aplicados modelos econométricos de análise de survey com dados de duas pesquisas para dois dos modelos teóricos apresentados, o de Azzi-Ehremberg e o de Durkin Greeley (1991): Pesquisa Nacional por Amostra de Domícilios (PNAD) de 1988, aplicada pelo IBGE, e Pesquisa Social Brasileira (PESB) de 2004, realizada pela FGV Opinião. Uma predição importante relacionada à Teoria do Mercado Religioso, um dos fundamentos da Teoria da Escolha Racional da Religião, é que quanto maior for, de um lado, o grau de regulação governamental neste mercado, por outro serão menores o grau de competição das organizações religiosas, o pluralismo religioso e, conseqüentemente, o nível de participação religiosa. Segundo a Teoria do Mercado Religioso, de modo semelhante a outros mercados, a intervenção estatal provoca, no mercado religioso, alocações subótimas de recursos escassos, ineficiência na produção e restrição na diversidade de bens e serviços religiosos ofertados aos consumidores pelas organizações religiosas. O segundo objetivo da tese, aliás, o principal, é buscar evidências que corroborem as premissas da Teoria dos Torneios de Promoção (Tournaments), elaborada por Edward Lazear e Sherwin Rosen (1981), em organizações religiosas. O problema se baseou na investigação do mercado interno de trabalho da Igreja Católica no que concerne à seleção e promoção de seus clérigos, recorrendo para isso ao seu Direito Canônico, na tentativa de identificar elementos que corroborassem ou evidenciassem os pressupostos da Teoria dos Torneios de Promoção nos documentos pesquisados, sendo o mais importante e fundamental o Código de Direito Canônico (CDC) de 1983. A legislação canônica suplementar também foi utilizada. Buscou-se investigar de que modo esses documentos normativos incorporam esquemas de incentivos para regular a hierarquia católica de ordem e de jurisdição, bem como a seleção e promoção de seus clérigos, sob a ótica de Torneios de Promoção. Estudando-se os Cânones do CDC e outros documentos de direito canônico, foram encontrados vários elementos que dão suporte à afirmação de que, de fato, existem evidências dos pressupostos de Tournaments naqueles esquemas, no que concerne à escolha e sistema promocional de clérigos católicos.This thesis has two objectives: the first is the evidence, based on the literature of Religious Economics, the premise of human rationality related to religious behavior. With this objective, was carried out a discussion of the theoretical fundamentals of Religious Economics: the Rational Choice, Consumer Theory applied to the Religion, Gary Becker`s model of domestic production and the Theory of the Religious Market. Some of the main theoretical models of Religious Economics are discussed, mentioning, whenever possible, the empirical evidence that appears in the literature. As a way of contributing to the discussion in this area, econometric models of survey analysis with data of two items of theoretical research presented, such as Azzi-Ehremberg and that of Durkin Greeley (1991): the 1988 National Research per Address Sample, applied by the IBGE and, the Brazilian Social Research (PESB) done in 2004 by the FGV Opiniao. An important prediction, related to the Religious Market Theory, one of the bases of the Rational Religious Choice Theory, is that, the larger it is, on one side, the degree of government regulation in this market, on the other hand, is lower the degree of competition of religious organizations, religious pluralism and, consequently, the level of religious participation. According to the Theory of the Religious Market, similarly to other markets, the state intervention causes, in the religious market, sub-optimal allocations of scarce resources, production inefficiency and restriction in the diversity of goods and religious services offered to the consumers by the religious organizations. The second aim of this Thesis, albeit the main one, is to find evidence, which corroborates the premises of the Theory of the Promotion Tournaments, elaborated by Edward Lazear and Sherwin Rosen (1981), in religious organizations. The problem was based on the investigation of the internal working market of the of the Roman Catholic Church, in what concerns the selection and promotion of its clergy, using the Canon Law, in the intent of identifying elements which corroborate or put into evidence the presumption of the Promotion Tournament Theory in the researched documents, being the most important and fundamental the 1983 Canon Law Code. The supplementary canon legislation was also used. It was investigated in what way those normative documents, incorporate incentive schemes in order to regulate the catholic hierarchy, of order and of jurisdiction as well as the selection and promotion of its clergy, under the optics of Promotion Tournaments. Studying the canons of the Canon Law Code and other canon law documents, several elements were found that give support to the affirmation that, in fact, there is evidence of the presupposition of the Tournaments in those schemes, as regards the choice and promotional system of Catholic clerics.
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Aljohar, Abdulaziz. "Finality of arbitral awards : comparing approaches in Sharia law and international law." Thesis, University of Essex, 2016. http://repository.essex.ac.uk/18256/.
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This study investigates the effect of the application of Sharia law in Saudi Arabia on the finality of arbitral awards on the basis of questions of law and public policy. International arbitration laws tend to circumvent the two issues by limiting the scope of their applicability. Based on the need to retain a degree of authority over enforcement of arbitral awards and other internationally issued legal determinations, this study finds that the Saudi Arbitration Law 2012 Act has some positive features and moves closer to international law in comparison to the Old Saudi Law, specifically on the issue of finality. The study finds that although not on a par with international law, it is a step in the right direction for Saudi Law to work more flexibly in the international sphere with issues involving finality. Where in the past, issues would not have been resolved due to the refusal to enforce arbitral awards, a more facilitating scenario comes about and the scope of enforcement of finality is set to rise due to the New Saudi Law. In addition, this study finds that the Saudi 2012 Act demonstrates the willingness of the Kingdom to cooperate with international laws. Although this is a breakthrough in dealing with finality, a fundamental principle of Saudi law is that the new Saudi law Act conforms to Sharia and the Kingdom’s public policy. However, with a lack of empirical cases specifically involving the New Saudi Law, it is yet to be established that it has achieved the positive impact intended. This study supports continued efforts and ultimately recommends the decision to work towards the amendment of Saudi law to better aid the achievement of finality without undue subjection to unnecessary scrutiny based on public policy requirements and also to realign Saudi public policy with international standards while maintaining fidelity to the values and principles of Sharia law.
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Crockett, Michael L. "The federal role in the security of religious venues in America." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2006. http://library.nps.navy.mil/uhtbin/hyperion/06Mar%5FCrockett.pdf.
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Thesis (M.A. in Security Studies (Homeland Security and Defense))--Naval Postgraduate School, March 2006.Thesis Advisor(s): David Brannan. "March 2006." Includes bibliographical references (p. 49-53). Also available online.
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Oonnonny, George N. "Pastoral care of Eastern Catholic faithful residing outside their historical territory with particular reference to the United States and Canada." Thesis, University of Ottawa (Canada), 2004. http://hdl.handle.net/10393/29151.
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During the past two centuries, millions of people belonging to Eastern Christian traditions, due to a variety of reasons, have found themselves uprooted from their native soil and planted in Western Europe, Canada, United States, Latin America and Australia.
Five fundamental, but intrinsically related, issues constitute the core of our study of pastoral care of Eastern Catholics living in the diaspora. The first issue we consider is the origins of Eastern Catholic Churches, in order to identify and understand the root causes of the problem. If the Eastern and Western (Latin) traditions were identical, then there would have been no reason for raising the question in the first place. The second issue concerns the actual pastoral problems directly affecting those faithful who are displaced from their native territories and find themselves in the diaspora. The third issue is related to the source of the right of Eastern Catholics to proper pastoral care flowing from their legitimate ascription to a Church sui iuris. The fourth issue involves the proper authorities who have the primary obligation to provide pastoral care for the faithful. It includes the highly debated question of the jurisdiction of the patriarch or archieparch over their faithful who live outside their historical territory. The fifth issue concerns appropriate pastoral approaches to problems faced today by Eastern Catholics in the diaspora.
Our study is divided into five chapters corresponding to the five issues mentioned above. Thus, the first chapter deals with the historical origins of the Eastern Catholic Churches. In the second and third chapters we examine the current pastoral problems of the Eastern Catholic faithful in the diaspora and their right to appropriate pastoral care in virtue of their ascription to a particular sui iuris Church. Historical evidence indicates that the Church has always demonstrated its pastoral solicitude toward migrants and displaced people. This is evident in the Church's documents and papal teachings. An analysis of these ecclesiastical documents is the thrust of the fourth chapter. In the final chapter we address some issues of practical and pastoral importance related to Eastern Catholics living in the diaspora. Also included in this final chapter is an analysis of the results of a questionnaire we sent out to selected arch/dioceses in the United States and Canada. (Abstract shortened by UMI.)
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Cotter, Elizabeth M. "The general chapter in a religious institute with particular reference to IBVM, Loreto Branch." Thesis, University of Ottawa (Canada), 2006. http://hdl.handle.net/10393/29287.
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The present study charts the evolution of the general chapter, an organ of government that has long historical roots in the Church, one that, as this is the case for IBVM, has proved capable of adjusting and adapting to the demands of life and mission in the modern world. The contemporary understanding of the nature and authority of the general chapter has been influenced by Vatican II's renewed vision of authority as service. In this vision, as is evident from CIC's expression of government in institutes of consecrated life, authority, even within an hierarchical model, is exercised participatively, collaboratively and where possible collegially. However, the general chapter is more than a juridic structure of governance. It is primarily a faith experience whose main task is the union in charity of the members. As a result, prayer and discernment must characterize its participative, collaborative processes.
The fusion of IBVM North America with IBVM Irish Branch in 2003 brought together two Institutes whose charism derived from the same source. Despite their common origins, however, the two Institutes understood authority, its expression in proper law and its exercise in key areas such as the general chapter in apparently different ways. This difference was epitomized in 1986 when one Institute adopted the Ignatian Constitutions while the other rejected them because their hierarchical expression of authority was believed to be incompatible with the way women function in the modern world. The experience of IBVM in North America since Vatican II would seem to suggest that participative, collaborative structures (which are described as a more "feminine" approach to government), functioning within an hierarchical system can meet the need for meaningful involvement of members in government. However, this more "democratic" expression of government can open the members to individualism and majoritarianism. The changes made by the Irish Branch in the exercise of government since 1986 provide hope that an inclusive, participative model of government can be accommodated in the new IBVM Loreto Branch.
Because consecrated life has an inalienable ecclesial dimension, understanding authority and power and their exercise in institutes of consecrated life has relevance for understanding authority and its exercise in other organs of authority at all levels in the Church.
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Dikos, Peter. "The status of the canonical form of marriage in Papua New Guinea: A comparative study of customary, statutory and canonical celebration of marriage." Thesis, University of Ottawa (Canada), 2005. http://hdl.handle.net/10393/29289.
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The people in Papua New Guinea contract marriage according to their traditional, customary law, normally in every case prior to any Christian rite of marriage. From the time of their customary marriage, even Catholics, consider themselves properly married. Nevertheless, they are aware that they cannot receive the Eucharist as long as they remain unmarried in the eyes of the Church. If it takes place at all, the Church marriage is often celebrated years after the customary marriage and this rite loses its meaning for the couple and many Catholics think that a Church marriage contributes, if anything, little to the married state. At best it regularizes a couple's position before the priest and this provides access to the Eucharist. This attitude and the low percentage of Catholics who celebrate their marriage in the canonical form has been a matter of increasing concern to the Church in Papua New Guinea.
Customary marriage differs from the Western form of marriage in two respects: (a) It comes into being in the course of protracted negotiations between the families of the bridegroom and the bride. Various stages in the negotiations are marked by various ceremonies; (b) while free choice and consent of the parties is in no way precluded, the inter-familial relationship is an inseparable characteristic of the marriage according to Papua New Guinean customs.
It was with an intention of identifying and proposing an equitable solution the pastoral problems related to marriage and family life in Papua New Guinea that we undertook our study regarding the status of the canonical form of marriage in Papua New Guinea. The status quaestionis of study was: How might the customary laws expressed in the traditional celebration of marriage be safeguarded and yet contextualized within the Church's legislation on the canonical form of marriage? This status quaestionis is answered in four inter-related chapters.
The principal conclusion of our study suggests that the most serious feature of a low marriage rate in the church is the separation in time of the customary and sacramental marriage, which leads to a widespread view that sacramental marriage is largely irrelevant. For this reason, we discuss at length in the fourth chapter the compatibility between the notions of a natural contract (contractum naturale) and the sacramental marriage. The integration of the customary celebration, that is, natural marriage, and the canonical celebration is possible only when marriage is actually celebrated within a cultural context that conforms to the customary legal traditions of people. Because of this compatibility between the two forms of marriage, any adaptation of the canonical form of marriage to customary celebration must take into consideration the different roles the lay people, that is, the leaders of the communities or elders of families as well as the priest have to play. (Abstract shortened by UMI.)
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Bair, Melanie. "Fusion and union of institutes of consecrated life in light of the Code of Canon Law." Thesis, University of Ottawa (Canada), 1993. http://hdl.handle.net/10393/7611.
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Dunn, Brian J. "Catholic schools in Newfoundland: An investigation into their nature according to the Code of Canon Law." Thesis, University of Ottawa (Canada), 1991. http://hdl.handle.net/10393/7657.
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Ross, David M. "Diocesan synods: The application of the law in three dioceses in the United States of America." Thesis, University of Ottawa (Canada), 1992. http://hdl.handle.net/10393/7773.
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Bria, Benyamin Y. "The development of mixed marriage legislation through missionary law from 1622 to the present." Thesis, University of Ottawa (Canada), 1993. http://hdl.handle.net/10393/6685.
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Carda, Jeanelle. "Wiccan marriage and American marriage law Interactions /." unrestricted, 2008. http://etd.gsu.edu/theses/available/etd-11192008-103902/.
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Thesis (M.A.)--Georgia State University, 2008.Title from file title page. Timothy Renick, committee chair ; Kathryn McClymond, Jonathan Herman, committee members. Electronic text (58 p.) : digital, PDF file. Description based on contents viewed Oct. 19, 2009. Includes bibliographical references (p. 50-58).
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Cox, Craig Arthur. "An evaluation of matrimonial trials of nullity a study in theology and law /." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.
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Bourgès, Nicolas. "William law, exégète et polémiste." Thesis, Paris 4, 2012. http://www.theses.fr/2012PA040164.
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Cette thèse propose un examen de l’œuvre de William Law (1686-1761) à travers une étude de discours menée selon une approche à la fois polémique et exégétique. Après une première partie consacrée à une typologie du discours de Law, qui cherche à analyser l’articulation entre polémique et exégèse grâce à un recensement des outils rhétoriques récurrents et l’utilisation de sources christocentriques, les deux parties suivantes s’attachent à démontrer que deux séries de notions animent ses textes : le rétablissement de valeurs morales d’une part, la mystique et l’herméneutique biblique d’autre part. Il soumet la société britannique du dix-huitième siècle à une observation très critique, en dénonçant successivement les partisans de la Glorieuse Révolution au détriment de la fidélité à la dynastie Stuart, le matérialisme et une production théâtrale promotrice de mœurs décadentes. Du point de vue religieux, il use de toutes les ressources de la rhétorique polémique afin de faire le procès du déisme et de démontrer les erreurs de ses adversaires en les confrontant à la vérité de l’Évangile. Ce faisant, il appelle ses lecteurs à une réforme spirituelle qui les engage sur la voie mystique de la régénération, pour atteindre l’union avec Dieu. Law met la polémique au centre d’un dispositif argumentatif qui lui permet d’agir comme un guide pour la compréhension, l’interprétation et la mise en pratique du message néotestamentaireThis doctoral dissertation offers an assessment of the works of William Law (1686-1761) through a discursive study that hinges on a twofold method, both polemical and exegetical. After a first part devoted to a typology of Law’s discourse, which strives to analyze the link between exegesis and polemics thanks to an inventory of his most frequently used rhetorical tools as well as the use of christocentric sources, the two parts that follow endeavour to demonstrate that his texts come alive with two sets of notions – the restoration of moral values on the one hand, mysticism and biblical hermeneutics on the other. Eighteenth-century British society is subject to a very critical scrutiny, through the successive denunciation of supporters of the Glorious Revolution at the expense of fidelity to the Stuart dynasty, materialism, and a theatrical repertoire that promotes decadent mores. As far as religion is concerned he uses the full potential of polemical rhetoric to criticize deism and display the errors of his opponents by confronting them with the truth of Scripture. In doing so he calls upon his readers to lead a spiritual reformation that will take them up the mystical path to regeneration, before reaching union with God. Law places polemics at the core of an argumentative structure which enables him to act as a guide for his readers to understand, interpret and put into practice the message contained in the New Testament