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Full-Text Articles in Legal History
The Role Of Custom In Canon, Jewish And Islamic Law: Supplemented, Superseded Or Supplanted By Written Law?, Chad G. Marzen
Chad G. Marzen
Custom can be a compelling source of law and supplements, even supersedes, written, codified law in religious traditions. In this essay, I address the relationship between custom and written, codified law in three religious legal traditions: the Roman Catholic Canon Law tradition, Jewish law, and Islamic law.
In the Roman Catholic Canon Law tradition, customary law reflects the values critical to community life and while it cannot contravene divine law, customary law, if reasonable, can become law even if customs contradict written canonical norms. In Jewish law, custom (minhag) is a source of rabbinic law and can even supersede halakhah ...
The Holy See's Worldwide Role And International Human Rights: Solely Symbolic?, Chad G. Marzen
Chad G. Marzen
The Holy See has been actively involved in international relations since its very beginnings. Today, its role in the formation of international human rights instruments is seen by many as “symbolic,” based largely on its concerns as a universal moral witness to humanity.
In this paper, I contend that the Holy See’s role in promoting human rights in international affairs is not solely symbolic; rather, its diplomacy is based more on pragmatic considerations of promoting its conceptions of the universal common good and the fundamental right to life than is currently recognized. By examining the Beijing and Cairo Conferences ...