عنوان
پدید آورنده
موضوع
رده
کتابخانه
محل استقرار
NATIONAL BIBLIOGRAPHY NUMBER
Number
LA116118
LANGUAGE OF THE ITEM
.Language of Text, Soundtrack etc
انگلیسی
TITLE AND STATEMENT OF RESPONSIBILITY
Title Proper
Law, Religion, and the Rule of Law from a Normative-Positivistic Perspective
General Material Designation
[Article]
First Statement of Responsibility
Izhak Englard
.PUBLICATION, DISTRIBUTION, ETC
Place of Publication, Distribution, etc.
Leiden
Name of Publisher, Distributor, etc.
Brill | Nijhoff
SUMMARY OR ABSTRACT
Text of Note
The paper starts with an analysis, based on Hans Kelsen's methodology, about the difference between law and morality and their relationship to religious rules. The difference between law and morality lies in the way they are enforced. Law is backed by a threat of socially organized physical coercion; moral rules lack this sanction. The validity of religious rules is based upon Divine will; but if these rules are adopted by state law, their validity derives from the (secular) legislator. The notion of 'rule of law' has two different meanings, a formal and a substantive one. Formally, every state lives under the rule of law (Rechtsstaat, in German). The substantive notion relates to the content of the law, its evaluation from an ethical point of view, based on (subjective) ideological and political assumptions about the requirements of justice. In the context of law and religion, the rule of law is used to establish the correct solution to the conflict between the constitutional principles of individual and collective freedom of religion, freedom from religion and public order. The conflict between law and religion is particularly intense in Israel. The problem is to realize the constitutional program of establishing a state that is both Jewish and democratic-liberal. The traditional Orthodox concept of a Jewish state clashes with the modern notion of a liberal, secular-national state. The solution can and must be found in adapting the religious tradition to the modern reality of a Jewish state, composed of multicultural communities, within the framework of a liberal democracy.
SET
Date of Publication
2017
Physical description
175-184
Title
Journal of Law, Religion and State
Volume Number
5/3
International Standard Serial Number
2212-4810
UNCONTROLLED SUBJECT TERMS
Subject Term
basic law
Subject Term
basic norm
Subject Term
Comparative Law
Subject Term
Hans Kelsen
Subject Term
History of Religion
Subject Term
Human Rights and Humanitarian Law
Subject Term
International Law
Subject Term
Islamic Law
Subject Term
Jewish Orthodox Tradition
Subject Term
Jewish State
Subject Term
law and morality
Subject Term
Law and Religion
Subject Term
Maimonides
Subject Term
Middle East and Islamic Studies
Subject Term
natural law
Subject Term
Pure Theory of Law
Subject Term
Religion & Society
Subject Term
religious rules
Subject Term
Religious Studies
Subject Term
rule of law (Rechtsstaat)
Subject Term
Social Sciences
Subject Term
State of Israel
Subject Term
Zionism
PERSONAL NAME - PRIMARY RESPONSIBILITY
Izhak Englard
LOCATION AND CALL NUMBER
Call Number
10.1163/22124810-00503001
ELECTRONIC LOCATION AND ACCESS
Electronic name
مطالعه متن کتاب p
[Article]
275578
a
Y
