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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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Doe and Sandberg: Law and Religion

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Edited by: Norman Doe, Russell Sandberg

ISBN13: 9781138961746
To be Published: December 2016
Publisher: Routledge
Country of Publication: UK
Format: Hardback, 4 Volumes
Price: £900.00

From the murderous reaction to the publication in a French satirical magazine of ‘blasphemous’ cartoons, to wrangles over the wearing of religious dress and symbols in schools and workplaces, the interaction between law and religion is rarely far from the headlines. Indeed, the editors of this Routledge collection argue that, since the events of 11 September 2001, the short- and long-term implications of multiculturalism, religious resurgence, and extremism have dominated public life both globally and domestically. Consequently, they say, the legal framework concerning the regulation of religion has changed dramatically over the last decade or so. There have been numerous developments at the global, regional, state, and sub-state level, and these changes have been accompanied by an unprecedented number of high-profile cases affecting religious individuals and groups.

Now, this new collection from Routledge’s Critical Concepts in Law series, edited by two prolific authors based at the world-leading Centre for Law and Religion at Cardiff University, meets the need for an authoritative reference work to help researchers and students navigate and make better sense of an abundance of scholarship.

With a full index, and thoughtful introductions, newly written by the learned editors, Law and Religion traces the field’s development and highlights the challenges for future explorations. The collection will be valued by legal and religious scholars as a vital and enduring resource.

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Law and Society
Volume 1: Religion Law at Constitutional Level

Norman Doe and Russell Sandberg, ‘Religion Law and Religious Law’.
1.G. Robbers, ‘State and Church in the European Union’ in G Robbers (ed) State and Church in the European Union (2nded, Baden-Baden, 2005) 577-589.
2.R. Sandberg, ‘Church-State Relations in Europe: From Legal Models to an Interdisciplinary Approach’ (2008) 1(3) Journal of Religion in Europe 329-352.
3.N. Doe, ‘Towards a ‘Common Law’ on Religion in the European Union’ (2009) 37 (1&2) Religion, State and Society 147-166.
4.M. D Evans, ‘The United Nations and Freedom of Religion: The Work of the Human Rights Committee’ in R Ahdar (ed) Law and Religion (Ashgate, 2000) 35-61.
5.N. Bratza, ‘The "Precious Asset": Freedom of Religion under the European Court of Human Rights’ in M Hill (eds) Religion and Discrimination Law in the European Union (University of Trier, 2012) 9-26.
6.M. Pearson, ‘Proportionality: A Way forward for Resolving Religious Claims’ in N Spencer (ed) Religion and the Law (Theos, 2012) 35-42.
7.M. Hill, ‘Religious Symbolism and Conscientious Objection in the Workplace’ (2013) 15 Ecclesiastical Law Journal 191-203.
8.J. Oliva, ‘Church, State and Establishment in the United Kingdom in the 21st Century: Anachronism or Idiosyncrasy?’ [2010] Public Law 482-504.
9.A. Harlow, F. Cranmer and N Doe, ‘Bishops in the House of Lords: A Critical Analysis’ [2008] Public Law 490-509.
10.M. Maclean, F Cranmer and S Paterson, ‘Recent Developments in Church/State Relations in Scotland’ in B Morris (ed) Church and State in 21st Century Britain (Palgrave, 2009) 91-108.
11.C. Papastathis, ‘State and Church in Greece’ in G Robbers (ed), State and Church in the European Union(Baden-Baden, 2nded, 2005) 115-138.
12.L. Christoffersen, ‘Not Even Believing in Belonging: States and Churches in Five North-European (Post-) Lutheran Countries’ in S Ferrari and R Crisoforio (eds) Law and Religion in the 21st Century (Ashgate, 2010) 187-197.
13.F. Cranmer, ‘The Church of Sweden and the Unravelling of Establishment’ (2000) 5 (27) Ecclesiastical Law Journal 417- 430
14.S. Bacquet ‘Religious Freedom in a Secular Society: An Analysis of the French Approach to Manifestation of Beliefs in the Public Sphere’ in P Cumper and T Lewis (eds) Religion, Human Rights and Secular Society in Europe (Edward Elgar, 2012)147-168.
15.P. Colton, ‘Religion and Law in Dialogue: Covenantal and Non-Covenantal Cooperation of State and Religions in Ireland’ in R Puza and N Doe (eds), Religion and Law in Dialogue: Covenantal and Non-Covenantal Cooperation between State and Religion in Europe (Peeters, 2006) 93-115.
16.S. Ferrari, ‘The Emerging Pattern of Church and State in Western Europe: The Italian Model’ [1995] Brigham Young University Law Review 421-437.
17.M. Ventura, ‘Religion and Law in Dialogue: Covenantal and Non-Covenantal Cooperation of State and Religions in Italy’ in R Puza and N Doe (eds), Religion and Law in Dialogue: Covenantal and Non-Covenantal Cooperation between State and Religion in Europe (Peeters, 2006)115-129.
18.G. Robbers, ‘Religious Freedom in Germany’ [2001] Brigham Young University Law Review 643-668.
19.B. Schanda, ‘Church and State in the New Member Countries of the European Union’ 8 (2005) Ecclesiastical Law Journal 186 -205.
20.S. Shelton and A Kiss, ‘A Draft Model Law on Freedom of Religion, with Commentary’ in J D van der Vyver and J Witte Jr (eds) Religion and Human Rights in Global Perspective: Legal Perspectives (Kluwer Law, 1996) 559-592.

Volume 2: Religion Law at the Sub-Constitutional Level

21. T. J Gunn, ‘The Complexity of Religion and the Definition of "Religion" in International Law’ (2003) 16 Harvard Human Rights Journal 189-215
22. M. Hill, ‘Religion and the State: Recognition, Regulation and Facilitation’ in R Sandberg (ed) Religion and Legal Pluralism (Ashgate, 2015) 21-36.
23. P. Colton, ‘Religious Entities as Legal Persons – Ireland’ in L Friedner (ed) Churches and Other Religious Organisations as Legal Entities (Peeters, 2007) 125-139.
24. P. Luxton, ‘Public Benefit in the Advancement of Religion after the Charity Act 2006: Another Charity Muddle’ in N Doe and R Sandberg, Law and Religion: New Horizons (Peeters, 2010) 117-132.
25. G. Robbers, ‘Finance and Religion in Germany ‘in B Basdevant-Gaudemet and S Berlingo (ed) Finance of Religious Communities (Peeters, 2009) 169-176.
26. R. McCrea, ‘Ireland’ in M Hill (eds) Religion and Discrimination Law in the European Union (University of Trier, 2012) 181-190.
27. L. Vickers, ‘Religious Discrimination in the Workplace: An Emerging Hierarchy’ (2010) 12 Ecclesiastical Law Journal 280-303
28. R. Sandberg, ‘The Right to Discriminate’ (2011) 13 Ecclesiastical Law Journal 159-183.
29. R. Ahdar, ‘Solemnisation of Same-Sex Marriage and Religious Freedom’ (2014) 16(3) Ecclesiastical Law Journal 283-305
30. J. Eekelaar, ‘Children between Cultures’ (2004) 18 International Journal of Law, Policy and the Family 178-194.
31. M. Kivorg, ‘Religious Education in Estonia’ in G Robbers (ed) Religion in Public Education (Peeters, 2011) 117-138.
32. F. Cranmer, ‘Who is a Jew? Jewish Faith Schools and the Race Relations Act 1976’ (2010) 164 Law &Justice 75-83.
33. N. Doe and H Payne, ‘Public Health and the Limits of Religious Freedom’ (2005) 19 (2) Emory International Law Review539-556
34. J. De Sousa E Brito, ‘Religion and Criminal Law in Portugal’ in M Kotiranta and N Doe (eds), Religion and Criminal Law (Peeters, 2013) 215-224.
35. R. Sandberg and N Doe, ‘The Strange Death of Blasphemy’ (2008) 71(6) Modern Law Review 971-986.
36. C. Bakalis and P W Edge, ‘Taking Due Account of Religion in Sentencing’ (2009) 29 Legal Studies 421-437.
37. H. Van Bockxmeer, ‘The Portrayal of Religion in the Netherlands: The Media and the Arts’ in N Doe, The Portrayal of Religion in Europe: The Media and the Arts (Peeters, 2004) 185-208.
38. M. Rynkowski,, ‘Immigration and Religion in Poland’ in A Motilla (ed) Immigration, National and Regional Laws and Freedom of Religion (Peeters, 2012) 179-187
39. A. Bradney, ‘Some Sceptical Thoughts about the Academic Analysis of Law and Religion in the United Kingdom’ in N Doe and R Sandberg (eds), Law and Religion: New Horizons (Peeters, 2010) 299-314.
40. N. Doe, ‘A Sociology of Law on Religion - Towards a New Discipline’ (2004) 152 Law & Justice 68-92.

Volume 3: Religious Law – Internal Norms

41. R. H Helmholz, ‘Western Canon Law’ in J Witte Jr and F S Alexander (eds) Christianity and the Law (Cambridge University Press, 2008) 71-88.
42. L. M Örsy, ‘Theology and Canon Law’ in J P Beal, J A Coriden and T J Green, New Commentary on the Code of Canon Law (Paulist Press, 2000) 1-10
43. J. A Alesandro ‘The Code of Canon Law: Twenty Five Years Later’ (2008) 21 (2) New Theological Review 5-15.
44. N. Doe, ‘The Contribution of Common Principles of Canon Law to Ecclesial Communion in Anglicanism’, in The Principles of Canon Law Common to the Churches of the Anglican Communion (Anglican Communion Office, London, 2008) 97-111.
45. C. Smith, ‘Turbulent Priests: How the Church of England Disciplines its Errant Clergy’ in R Sandberg (ed) Religion and Legal Pluralism (Ashgate, 2015) 37-52.
46. A. Report on the Proceedings of the Colloquium of Anglican and Roman Catholic Canon Lawyers, ‘A Decade of Ecumenical Dialogue in Canon Law’ (2009) 11 Ecclesiastical Law Journal 284-328.
47. N. Doe, ‘Toward a Critique of the Role of Theology in English Ecclesiastical and Canon Law’ (1992) 2 Ecclesiastical Law Journal 328-346.
48. P. Viscuso, ‘Canon law as an Instrument for the Realisation of the Church in Orthodox Ecclesiology’ (2011) 11 International Journal for the Study of the Christian Church (2011) 203-215.
49. B. Beck, ‘The Methodist Church and the Idea of a National Church’ (2002) 149 Law & Justice105-110.
50. P. Goodliff ‘Baptist Church Polity and Practice’ (2012) 168 Law & Justice 5-21.
51. N. Doe, ‘The Ecumenical Value of Comparative Church Law: Towards the Category of Christian law’ (2015) 17 Ecclesiastical Law Journal135-169.
52. B. Jackson, ‘Judaism as a Religious Legal System’ in A Huxley (ed.), Religion, Law and Tradition (Routledge, 2002) 34-48.
53. M. Freeman, ‘Is the Jewish "Get" Any Business of the State? in R O’Dair and A. Lewis (eds), Law and Religion (Oxford University Press, 2001) 365-384.
54. L. Rosen, ‘Islamic Concepts of Justice’ in M King (ed) God’s Law Versus State Law (Grey Deal, 1995) 62-72
55. H. El Menyawi, ‘Same-Sex Marriage in Islamic Law’ (2011) 2 (2) Wake Forest Journal of Law & Policy375-532.
56. D. R Davis, ‘A Realist View of Hindu Law’ (2006) 19 Ratio Juris287-313.
57. R. R French, ‘What is Buddhist Law?’ (2015) 63 Buffalo Law Review 833-879.
58. B. Singler, ‘Internet-based New Religious Movements and Dispute Resolution’ in R Sandberg (ed) Religion and Legal Pluralism (Ashgate, 2015) 161-178.

Volume 4: Religious Law – External Interface

59. R. Williams, ‘Civil and Religious Law in England – A Religious Perspective’ (2008) 10 Ecclesiastical Law Journal 262-282.
60. G. R Woodman, ‘The Possibilities of Co-Existence of Religious Laws with Other Laws’ in R Mehdi, H Peterson, E Reenberg Sand and G R Woodman (eds) Law and Religion in Multicultural Societies (DJof Publishing, 2008) 23-42.
61. N. Doe, ‘Canonical Approaches to Human Rights in Anglican Churches’ in M. Hill (ed), Religious Liberty and Human Rights (University of Wales Press, 2002) 185-206.
62. F. Cranmer, ‘Human Rights and the Christian Tradition: A Quaker Perspective’in N Doe and R Sandberg, Law and Religion: New Horizons (Peeters, 2010) 133-158.
63. P. Smith, ‘Engaging with the State for the Common Good: Some Reflections on the Role of the Church’ (2009) 11 Ecclesiastical Law Journal 169-180.
64. D. Novak, ‘A Jewish Theory of Human Rights’in J Witte Jr and M C Green, Religion & Human Rights (Oxford University Press, 2012) 27-41.
65. D. McGoldrick, ‘The Compatibility of an Islamic / Sharia Law System or Shari’a Rules with the European Convention on Human Rights’ in R Griffth-Jones (ed) , Islam and English Law (Cambridge University Press, 2013) 42-71.
66. U. Khaliq, ‘The Accommodation and Regulation of Islam and Muslim Practices in English law’ (2002) 6 Ecclesiastical Law Journal 332-351.
67. R. Sandberg, G Douglas, N Doe, S Gilliat-Ray and A Khan, ‘Britain’s Religious Tribunals: "Joint Governance" in Practice’ (2013) 33(2) Oxford Journal of Legal Studies 263-291.
68. M. King, ‘The Muslim Identity in a Secular World’ in M King (ed) God’s Law Versus State Law (Grey Deal, 1995) 91-114.
69. P. Shah,‘Attitudes to Polygamy in English Law’ (2003) 52(2) International and Comparative Law Quarterly 369-400.
70. A. Hussain, ‘Legal Pluralism, Religious Conservatism’ in R Sandberg (ed) Religion and Legal Pluralism (Ashgate, 2015) 151-160.
71. J. C. W Chan, ‘Confucianism and Human Rights’ in J Witte Jr and M CGreen, Religion & Human Rights (Oxford University Press, 2012) 87-102.
72. M. Gibson, ‘Rastafari and Cannabis: Framing a Criminal Law Exemption’ (2010) 12(3) Ecclesiastical Law Journal324-344.
73. R. Sandberg, ‘The Failure of Legal Pluralism’ (2016) Ecclesiastical Law Journal (forthcoming) [c.20]