Religion Law Commons^™

Beyond The Veil Of Modernity: René Guénon, Prophet Of The Metapolitical Imaginary, Frederic Colier

Dissertations, Theses, and Capstone Projects

Heralded by some as one of the greatest intellectuals of the 20th century, French metaphysician René Guénon (1886-1951) is also the controversial father of Primordial Tradition, a metaphysics designed to remedy the decline of Western civilization. Guénon viewed the West in the grip of a prolonged cycle of degeneration. He sought to implement a pseudo-authoritarian spiritual reset that required a total rejection of its Western intellectual heritage and an embrace of Eastern doctrines.

Focusing on his landmark book The Crisis of the Modern World (1927), the dissertation examines how Guénon implemented his controversial reset. After outlining the religious, cultural, and …

Incorporating Principles And Wisdom From Hospital Chaplaincy And Pastoral Ministry To Create A Ministry Model To Address Social Isolation And Loneliness In Black Churches, Albert A. Kemp

Doctor of Ministry Projects and Theses

To address the growing and widespread epidemic of social isolation and loneliness, with special focus on Black churches, this dissertation developed a program with the following areas of application: 1) how healthcare trained chaplains can coordinate with churches to positively impact individuals identified as lonely and socially isolated with better social and physical health, 2) how principles of chaplaincy and pastoral care can mitigate and intervene competently when such people are identified, and 3) how the project’s model can be organized, taught, and incorporated into existing arenas of church ministry.

The purpose of the project was to create a ministry …

Penitential Systems In The Latin West And Byzantine East, Elijah C. Dodson

Honors Theses

This thesis examines the development and organization of penitential discipline in early medieval Christianity through a comparison of the penitential tradition associated with Theodore of Canterbury in the Latin West and the canons attributed to John the Faster in the Byzantine East. The study focuses on how these texts regulated sexual sin and what their structures reveal about the institutional role of the Church in different historical contexts. The analysis is based on a comparative reading of penitential texts, supported by patristic writings and modern scholarship. By examining how specific categories of sexual misconduct are classified and disciplined, this study …

The Role Of Religion In Ensuring National Security In Kazakhstan, Nurzhan Arystanbekuly Tursin Nur, Mukhan Issakhan, Shamshadin Kerim, Kovalev Dmitriy, Kalimash Begalinova

Occasional Papers on Religion in Eastern Europe

This article explores the foundations of state policy aimed at ensuring religious stability in Kazakhstan. It analyzes the scientific basis of religious studies, principles of tolerance toward the country’s traditional religions, and the role of religion in maintaining national security. The methodology, goals, and objectives of the study are shaped by the interdisciplinary nature of the subject. The research examines state and interfaith relations, the development of freedom of religion, its integration into domestic and international law, and ways of resolving legal contradictions, traditions, and stereotypes. The theoretical framework relies on the works of domestic and foreign scholars devoted to …

Islamic Political Anti-Theology: A Discursive Practice Of Contingency Beyond Sovereign Politics, Jason Andrus

Electronic Theses and Dissertations

Contributing to the field of political theology from outside the European Christian tradition, this dissertation develops a description of the distinct logics that Islamic theology generates from its metaphysical assumptions. These logics in turn make possible a discourse of political anti-theology where politics operates through contingency rather than sovereignty. Political theology scholarship has excavated how modern politics derives from secularized Christian theological concepts—particularly transcendent sovereignty. This study demonstrates that Islamic theology's absolute insistence on divine transcendence (tawhid) produces something fundamentally different: a politics that renders sovereign authority conceptually impossible. I identify this discursive practice of political anti-theology through …

Investigating The Relationship Between Noun Classes And Plant Folk Taxonomy In Chasu Language Of Kilimanjaro Region In Tanzania, Peter Rabson Mziray

Journal of Humanities and Social Sciences

The current study investigates the relationship between noun classes and plant folk taxonomy in Chasu (G 22). The study focuses on two objectives: the first objective is to describe the plant folk taxonomy in Chasu and the second objective is to determine the relationship between noun classes and plant folk taxonomy in Chasu. Data were collected from rural villages in Same and Mwanga districts by using free listing, field interviews (jungle-walk-and-identify), and written texts containing Chasu plant names. The findings reveal that Chasu folk taxonomy reflects different ethnobotanical categories; including a unique beginner which is mmea/mimea ‘plant(s)’, and three life …

Establishment Of The Macedonian Orthodox Church After World War Ii And The Reaction Of The Serbian Orthodox Church (Historical-Canonical Research), Ivan Yovchev

Occasional Papers on Religion in Eastern Europe

The history of the Orthodox Church is abundant with examples of the emergence of Local Churches and their “path to the church diptychs.” Contemporary church history also provides numerous canonical cases of individual Local Churches striving for independence. Such efforts include those of the Orthodox faithful in the Republic of North Macedonia, who seek church recognition and independence in the organization and governance of their ecclesiastical diocese. The period examined in this article is marked by numerous events and dynamic developments that have significantly influenced the relationship between the Macedonian and Serbian Churches. The content of this article is primarily …

Command And Consequence: Reassessing King David’S Military Decisions In The Uriah Affair – A Legal And Ethical Analysis In The Context Of Modern Legal Theory, Jonathan Hasson, Oded Mudrik, Abraham Tennenbaum

Touro Law Review

This study critically reevaluates King David's command in 2 Samuel 11 and 12 to place Uriah the Hittite in the battle's frontlines, resulting in his death, through the contemporary lens of military law and ethics. By juxtaposing the ancient narrative with modern legal doctrines, it investigates the complexities of command responsibility and the intersection of personal motives in military orders. Focusing on the interplay between David's personal entanglements with Bathsheba and his official capacity as a military leader, the analysis navigates the ethical quandaries and legal ramifications of his decisions. This piece methodically dissects the Biblical text and contemporaneous legal …

The Judicial System Of Kazakh Beys In Central Asia: Shari'a And Customary Law, Dinmuhammad Smanov Kul, Alau Adilbayev, Rakhimov Abdukhalik, Yerzhan Kalmakhan

Occasional Papers on Religion in Eastern Europe

This study examines the judicial practices of Kazakh beys in 18th–19th century Central Asia, emphasizing their application of Islamic fiqh alongside traditional Kazakh customary law (adat). In a decentralized and nomadic society, beys acted as hybrid legal authorities, integrating Shari’a principles – such as ‘adl (justice), maslaha (public interest), and ijtihad (independent reasoning) with local customs to resolve disputes over property, family matters, and blood feuds. Through historical-legal analysis of oral traditions, archival documents, and ethnographic accounts, the research demonstrates how beys preserved Islamic legal norms while adapting them to practical realities, creating a dynamic model of legal …

The Role Of Islam In The Prevention Of Suicide: An Analytical Study Of The Reasons Behind Suicide Prevention In Islam, Hamza Hammad

An-Najah University Journal for Research - B (Humanities)

Objectives: The purpose of this research is to extrapolate and analyze the causes leading to suicide prevention in the Islamic religion, by deducing the relationship between the level of Islamic religiosity and mental health, specifically suicide, then extrapolating the factors or components that lead to suicide prevention in the Islamic religion, as well as analyzing the Islamic faith’s position on Suicide, then inferring the effect of belief in fate and destiny on psychological security and in reducing suicide. Methods: This study follows the inductive and analytical approach, based on extrapolating studies and statistics about suicide rates in the world as …

Can Human Rights Be Reconciled With Citizenship: Reconsidering Marx's Zur Judenfrage Today, David Ingram

Philosophy: Faculty Publications and Other Works

This essay critically re-examines Marx’s youthful analysis of the separation of church and state and his complex views about the function of rights in the modern state. I argue that Marx’s condemnation of Christian nationalism and endorsement of citizenship for Jews is consistent with his view that the modern, secular state cannot emancipate itself entirely from religiosity, as evidenced by the continuing legacy of nationalism and cultural identity politics today. Although Marx correctly follows Hegel in identifying modernity with a structural differentiation between civil society and state, I argue that he misunderstands the nature of this separation and, along with …

Examining The Examiner: An Amicus Brief On Conflicts Between Forensic Technology And Indigenous Religious Freedoms In Favor Of Virtual Autopsies, Peyton James

The Journal of Purdue Undergraduate Research

No abstract provided.

A New Great Awakening Of Religious Freedom In America, John Witte Jr.

Faculty Articles

While loud criticisms of religion continue to clatter in the media and the law reviews, the U.S. Supreme Court has led a great awakening of American religious freedom. In more than two dozen cases since 2011, the Court has used both the First Amendment and federal statutes to strengthen the rights of religious organizations to make their own internal decisions about employment and employee benefits. The Court has held that some forms of government aid to religion and religious education are not only permissible under the Establishment Clause, but also required under the Free Exercise and Free Speech Clauses. The …

The Problem With The Performance Of Alternative Or Military Service Of Ukrainian Adventists In War Conditions, Valentyna Kuryliak Dr

Occasional Papers on Religion in Eastern Europe

The article discusses the lack of legal documentation faced by Ukraine in defending its borders and national interests, taking into account its historical experience. Attention is drawn to the issues encountered by Protestant churches, especially, but not exclusively, the Seventh-day Adventist Church. A proposal has been made to utilize the volunteer non-combatant potential of churches, regulating it legislatively without involving the Ukrainian court system. The question of alternative (non-combatant) service during mobilization and in times of war in Ukraine is analyzed. The author argues the necessity of preserving the right to alternative service for church members, which according to the …

17th Century Ecumenical Activities Between Ecumenical Patriarchate And The Early Protestant Churches, Svetoslav Ribolov

Occasional Papers on Religion in Eastern Europe

The ecumenical activities and contacts between the Ecumenical Patriarchate and the Protestant churches in the 17th century were largely shaped by two remarkable figures of the Orthodox Church–the Patriarch of Constantinople Cyril Lucaris and Metrophanes Kritopoulos, who later became the Patriarch of Alexandria. Their sincere desire for contact with Protestant theologians, along with their commitment to open dialogue and cooperation was the most important factor in Orthodox-Protestant relations in that era. However, while the political climate in Europe initially allowed for some rapprochement between Christians in the Ottoman Empire and those who had embraced the Reformation, things eventually changed after …

The School Of SharīʿA Judges: SharīʿA Courts’ Reform And Legal Modernization In Egypt (1907-1927), Yamen Nouh

Theses and Dissertations

This thesis studied the history of the school of sharīʿa judges (1907-1927) as an essential episode of the reform of Sharīʿa courts in Egypt in the early 20th century. The thesis studied the school in connection with the broader context of legal modernization of the Egyptian legal system. The study explored the institutional, pedagogical, and legal aspects of the reform that the school advocated. The study analyzed the impact of the school’s pedagogy on the practice of the Islamic judiciary and the theoretical conception of Sharīʿa. The study used a significant yet understudied historical source: the judicial press. A comparative …

Queer Crises: Movements From Queerness And Feelings Of White Religion In The United States, Austin Williams Miller

Communication ETDs

Anchored by contemporary crises surrounding queer and trans people in the United States, I employ movements from queerness within an affective queer phenomenological framework to understand how arrangements of “white religion” (Schaefer, 2015, p. 63), a process whereby U.S. American Christian forms escape ideology into religious affective economies in the United States, relegate queer people “to the background… to sustain a certain direction” (Ahmed, 2006, p. 31). I assemble a queer rhetorical context analyzing white religious space in documentary film, secular sexual regulation through contemporary U.S. legal contexts around marriage, and settler colonial Christian nationalist political imaginations to critique how …

Why School Choice Is Necessary For Religious Liberty And Freedom Of Belief, Richard F. Duncan

Nebraska College of Law: Faculty Publications

The government school monopoly for funding K–12 education creates a coercive system that commandeers a captive audience of impressionable children for inculcation in secular ideas, beliefs, and values concerning matters of truth, moral character, culture, and the good life. The brutal bargain imposed on parents by this monopoly requires them to choose between the single largest benefit most families receive from state and local governments and educating their children in a curriculum that is consistent with the preferred educative speech of the parents. To choose the latter is to sacrifice hundreds of thousands of dollars of tax-funded support for K–12 …

Oppression In American, Islamic, And Jewish Private Law, Rabea Benhalim

University of Colorado Law Review

American, Islamic, and Jewish law all limit the enforcement of private law agreements incases of oppression and exploitation. But each system uses a different justification. The common thread among the three legal systems is the opposition from jurists to enforce contracts with a fundamental aspect of oppression. The reasoning for preventing oppression within the law is distinct to each legal system. The American legal system roots the justification in preserving free will and ensuring actual consent to contract. Islamic l provides justifications based on the divine vision for an equitable and just society articulated in the Quran. Jewish law argues …

Deities’ Rights?, Deepa Das Acevedo

Faculty Articles

A brief commotion arose during the hearings for one of twenty-first-century India’s most widely discussed legal disputes, when a dynamic young attorney suggested that deities, too, had constitutional rights. The suggestion was not absurd. Like a human being or a corporation, Hindu temple deities can participate in litigation, incur financial obligations, and own property. There was nothing to suggest, said the attorney, that the same deity who enjoyed many of the rights and obligations accorded to human persons could not also lay claim to some of their constitutional freedoms. The lone justice to consider this claim blandly and briefly observed …

Contract Law Should Be Faith Neutral: Reverse Entanglement Would Be Stranglement For Religious Arbitration, Michael J. Broyde, Alexa J. Windsor

Faculty Articles

The first section of this Article will outline the ways in which communities—religious and other groups, including the LGBTQ+ community—have used and continue to use private law to achieve meaningful dispute resolution. By diminishing the role of civil courts to review arbitrations, parties may tailor their resolutions to prioritize community values that may be misaligned with secular society. Outside of historical religious usage, private law offers a field ripe for jurisprudential growth. Through alternative dispute resolution, affinity-based minority groups can pave an avenue towards justice which accurately reflects the unique values of their lived experiences.

The second section will provide …

The Legal Origins Of Catholic Conscientious Objection, Jeremy Kessler

William & Mary Bill of Rights Journal

This Article traces the origins of Catholic conscientious objection as a theory and practice of American constitutionalism. It argues that Catholic conscientious objection emerged during the 1960s from a confluence of left-wing and right-wing Catholic efforts to participate in American democratic culture more fully. The refusal of the American government to allow legitimate Catholic conscientious objection to the Vietnam War became a cause célèbre for clerical and lay leaders and provided a blueprint for Catholic legal critiques of other forms of federal regulation in the late 1960s and early 1970s—most especially regulations concerning the provision of contraception and abortion.

Over …

Preface, Rebecca Redwood French

Contributions to Books

Published in Buddhism and Comparative Constitutional Law, Tom Ginsburg & Benjamin Schonthal, eds.

Collaborative Constructions: Designing High School History Curriculum With The Lost & Found Game Series, Owen Gottlieb, Shawn Clybor

Articles

This chapter addresses design research and iterative curriculum design for the Lost & Found games series. The Lost & Found card-to-mobile series is set in Fustat (Old Cairo) in the twelfth century and focuses on religious laws of the period. The first two games focus on Moses Maimonides’ Mishneh Torah, a key Jewish law code. A new expansion module which was in development at the time of the fieldwork described in this article that introduces Islamic laws of the period, and a mobile prototype of the initial strategy game has been developed with support National Endowment for the Humanities. The …

Zinā In The Criminal Legislation Act (1999-2000): An Evaluation Of The Implication For Muslim Women's Right In Nigeria, Paul Orerhime Akpomie

Theses and Dissertations

The research engages in an exploration of human rights in Islam. Human rights issues are then contrasted with international law positions. The data gotten is then used for investigating women’s human rights issues in Shariʾa penal tradition regarding zinā (adultery) in Nigeria. The re-emergence of Sharia penal codes adopted by 12 Northern states in Nigeria in 1999 as an operative Islamic law has sparked concerns about rulings amounting to stoning to death in several cases of zinā. These events raised concerns about Shariʾa penal traditions’ legality and relationship with other legal traditions operational in Nigeria, a secular political space. …

Punishment For Drinking Alcohol Between Islamic Sharia And Lebanese Law, Jaber Alhassan

Al Jinan الجنان

This study aimed to find similarities and differences between Islamic law and Lebanese law regarding the penalty for drinking alcohol. To achieve the objectives of the study, the researcher dealt with the topic of punishment, its concept, the concept of drunkenness, and the concept of drunkenness. The penalty for drinking it, and determining criminal responsibility in Sharia and Lebanese law. In this study, the researcher used the comparative descriptive inductive approach by referring to the original sources of Islamic law and books on positive law in general an
nd the Lebanese in particular, and some judicial rulings related to the …

The Legal Origins Of Catholic Conscientious Objection, Jeremy K. Kessler

Faculty Scholarship

This Article traces the origins of Catholic conscientious objection as a theory and practice of American constitutionalism. It argues that Catholic conscientious objection emerged during the 1960s from a confluence of left-wing and right-wing Catholic efforts to participate in American democratic culture more fully. The refusal of the American government to allow legitimate Catholic conscientious objection to the Vietnam War became a cause célèbre for clerical and lay leaders and provided a blueprint for Catholic legal critiques of other forms of federal regulation in the late 1960s and early 1970s — most especially regulations concerning the provision of contraception and …

Johnson V. M'Intosh: Christianity, Genocide, And The Dispossession Of Indigenous Peoples, Cynthia J. Boshell

Cal Poly Humboldt theses and projects

Using hermeneutical methodology, this paper examines some of the legal fictions that form the foundation of Federal Indian Law. The text of the U.S. Supreme Court’s 1823 Johnson v. M’Intosh opinion is evaluated through the lens of the Convention on the Prevention and Punishment of the Crime of Genocide to determine the extent to which the Supreme Court incorporated genocidal principles into United States common law. The genealogy of M’Intosh is examined to identify influences that are not fully apparent on the face of the case. International jurisprudential interpretations of the legal definition of genocide are summarized and used as …

Murder And Massacre In Seventeenth Century England, Andrew Quesenberry

Williams Honors College, Honors Research Projects

Religion was almost always involved in murder and massacre during seventeenth century England, if not in its content, then at least in its interpretation. This work will support this assertion by examining multiple case studies of murder in seventeenth century England, which will simultaneously give the reader a more complete picture of the nature of homicide during the period. Specifically, the case studies consist of both homicides and infanticides, and explore the relation of the Devil to violent crime in seventeenth century England.

Salt, Smurthwaite, And Smith: The Origins Of The Modern Legal Identity Of The Church Of Jesus Christ Of Latter-Day Saints, Nathan B. Oman

Faculty Publications

In 2019 there existed a legal entity known as The Church of Jesus Christ of Latter-day Saints. This fact will likely strike most readers as unexceptional. More interesting, however, prior to 2019 there had been no such legal entity as the Church of Jesus Christ of Latter-day Saints for over 150 years, the last of that name likely having been disincorporated in 1862. Even more strangely, although there were millions of people around the globe who identified themselves as Latter-day Saints, in 2019 the only member of the legal entity known as The Church of Jesus Christ of Latter-day Saints …