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- Böckenförde, Ernst Wolfgang, et al.
(författare)
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Constitutional and political theory : Selected writings by Ernst-Wolfgang Böckenförde
- 2017. - 1
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Bok (övrigt vetenskapligt/konstnärligt)abstract
- Ernst-Wolfgang Bockenforde (b. 1930) is one of Europe’s foremost legal scholars and political thinkers. As a scholar of constitutional law and a judge on Germany’s Federal Constitutional Court (December 1983 - May 1996), Bockenforde has been a major contributor to contemporary debates in legal and political theory, to the conceptual framework of the modern state and its presuppositions, and to contested political issues such as the rights of the enemies of the state, the constitutional status of the state of emergency, citizenship rights, and challenges of European integration. His writings have shaped not only academic but also wider public debates from the 1950s to the present, to an extent that few European scholars can match. As a federal constitutional judge and thus holder of one the most important and most trusted public offices, Bockenforde has influenced the way in which academics and citizens think about law and politics. During his tenure as a member of the Second Senate of the Federal Constitutional Court, several path-breaking decisions for the Federal Republic of Germany were handed down, including decisions pertaining to the deployment of missiles, the law on political parties, the regulation of abortion, and the process of European integration. In the first representative edition in English of Bockenforde’s writings, this volume brings together his essays on constitutional and political theory. The volume is organized in four sections, focusing respectively on (I) the political theory of the state; (II) constitutional theory; (III) constitutional norms and fundamental rights; and (IV) the relation between state, citizenship, and political autonomy. Each of these four cornerstones of Bockenforde’s legal and political thinking features introductions to the articles as well as a running editorial commentary to the work. A second volume will follow this collection, focusing on the relation between religion, law, and democracy
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- Böckenförde, Ernst-Wolfgang, et al.
(författare)
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Religion, Law, and Democracy : Selected Writings
- 2020. - 1
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Bok (övrigt vetenskapligt/konstnärligt)abstract
- This is the first representative edition in English of Ernst-Wolfgang Böckenförde’s writings on religion, law, and democracy. As a historian, legal scholar, and former judge on Germany’s Federal Constitutional Court, Böckenförde (1930–2019) has shaped legal and political discourse in twentieth-century Germany like few others. Doing so, he combined three normative orientations writings as a political liberal, as a social democrat, and as a Catholic. The included articles discuss the place of religion in modern democracy, the role of the Catholic Church in the Nazi seizure of power in 1933, the Copernican revolution of Vatican II in embracing religious freedom and accepting the modern secular state, the history of the concept of freedom of conscience, the relation of religion and state in Hegel’s writings, democratic models of secularism, theological reflections on the character of secular law, models of political theology, the need for canon law reform, and bioethical issues, such as the regulation of abortion, genetic screening, and in vitro fertilization in light of the constitutional principle of human dignity. This is the second of two volumes, of which the first, published in 2017, brought together articles in constitutional and political theory. Beside fifteen articles, the volume contains excerpts of the biographical interview that historian and legal scholar Dieter Gosewinkel conducted with Böckenförde in 2009/2010. Introductions and annotations by the editors accompany the text throughout, providing background explanations on the context of German and European politics and history. A comprehensive list of Ernst-Wolfgang Böckenförde’s publications is included in an appendix.
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- Clarke, Morgan, et al.
(författare)
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De-centring Shi'i Islam
- 2018
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Ingår i: British Journal of Middle Eastern Studies. - London : Routledge. - 1353-0194 .- 1469-3542. ; 45:1, s. 1-17
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Tidskriftsartikel (refereegranskat)
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Female religious authority in Shi'i Islam : past and present
- 2021
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Samlingsverk (redaktörskap) (övrigt vetenskapligt/konstnärligt)abstract
- Islamic religious authority is conventionally understood to be an exclusively male purview. Yet when dissected into its various manifestations – leading prayer, preaching, issuing fatwas, transmitting hadith, judging in court, teaching law, theology, and other Islamic sciences and generally shaping the Islamic scholarly tradition – nuances emerge that hint at the presence of women in the performance of some of these functions.This collection of case studies, covering the period from classical Islam to the present, and taken from across the Shiʿi Islamic world, reflects on the roles that women have played in exercising religious authority across time and space. Comparative reflection on the case studies allows for the formulation of hypotheses regarding the conditions and developments – whether theological, jurisprudential, social, economic, or political – that enhanced or stifled the flourishing of female religious authority in Shiʿi Islam.
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| 7. |
- Kloos, David, et al.
(författare)
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Studying Female Islamic Authority : From Top-Down to Bottom-Up Modes of Certification
- 2016
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Ingår i: Asian Studies Review. - London : Taylor & Francis. - 1035-7823 .- 1467-8403. ; 40:4, s. 479-490
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Tidskriftsartikel (refereegranskat)abstract
- This article introduces a special issue on female Islamic authority in contemporary Asia. It provides an overview of the literature on religious authority in Islam and briefly lays out which modes of female religious authority have been more accepted than others in the schools of jurisprudence. Based on the articles included in this issue, the introduction makes two chief observations. First, in contrast to the overwhelming consensus among experts of Islamic law that women may serve as muftūn (plural of muftī), in most Muslim-majority societies today women are either seldom found in this role, or where there are muftīyāt (female muftūn), their role is confined to women’s issues. Second, while a growing body of academic studies has drawn attention to the recent phenomenon of state-instituted or -supported programs that train women in Islamic authority, little attention has been paid to the question of how communities react to such programs. The special issue is a call to study female religious authority from the bottom up, in order to better understand why believers, whether men or women, ascribe religious authority to women in some contexts and situations, but overwhelmingly still prefer male religious authority over female, despite the permissiveness for female juristic expertise in Islamic law.
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- Künkler, Mirjam, et al.
(författare)
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A Secular Age Beyond the West : Religion, Law and the State in Asia, the Middle East and North Africa
- 2019
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Bok (övrigt vetenskapligt/konstnärligt)abstract
- This book traces religion and secularity in eleven countries not shaped by Western Christianity (Japan, China, Indonesia, India, Pakistan, Iran, Russia, Turkey, Israel, Egypt, and Morocco), and how they parallel or diverge from Charles Taylor’s grand narrative of the North Atlantic world, A Secular Age (2007). In all eleven cases, the state - enhanced by post-colonial and post-imperial legacies - highly determines religious experience, by variably regulating religious belief, practice, property, education, and/or law. Taylor’s core condition of secularity - namely, legal permissibility and social acceptance of open religious unbelief (Secularity III) - is largely absent in these societies. The areas affected by state regulation, however, differ greatly. In India, Israel and most Muslim countries, questions of religious law are central to state regulation. But it is religious education and organization in China and church property and public practice in Russia that bear the brunt. This book explains these differences using the concept of ’differential burdening’.
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