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Reasoning Rights
This book is about judicial reasoning in human rights cases. The aim is to explore the question: how is it that notionally universal norms are reasoned by courts in such significantly different ways? What is the shape of this reasoning; which techniques are common across the transnational jurisprudence; and which are particular? The book, comprising contributions by a team of world-leading human rights scholars, moves beyond simply addressing the institutional questions concerning courts and human rights, which often dominate discussions of this kind, seeking instead a deeper examination of the similarities and divergence of reasonings by different courts when addressing comparable human rights questions. These differences, while partly influenced by institutional concerns, cannot be attributed to them alone. This book explores the diverse and rich underlying spectrum of human rights reasoning, as a distinctive and particular form of legal reasoning, evident in the case studies across the selected jurisdictions.
Religion after Secularization in Australia
Religion's persistent and new visibility in political life has prompted a significant global debate. One of this debate's key features concerns the nature and impact of secularization. This collection of essays draws together leading sociologists, historians, philosophers of religion, and political theorists in order to provide a broad and up-to-date account of religion after secularization. Contributors explore the meaning and conceptual legacies of religion, as well as the unique features of the Australian case such as religion as it relates to law, education, gender, media, and radical political movements. Intervening in the current debate, this book provides summative accounts of the historical, cultural, and legal interactions that have informed Australia’s relationship to religion and secularization. Contributors critically analyze and engage with secular political theory concerning the public sphere, while also dissecting deliberative politics and democratic practices. This book propels the debate over religion’s place in public life in new directions and promotes urgently needed public understanding.
Religion and Law in Australia
Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient resource provides systematic information on how Australia deals with the role religion plays or can play in society, the legal status of religious communities and institutions, and the legal interaction among religion, culture, education, and media. After a general introduction describing the social and historical background, the book goes on to explain the legal framework in which religion is approached. Coverage proceeds from the principle of religious freedom through the rights and contractual obligations of religious communities; international, transnational, and regional law effects; and the lega...
