Internal Code: MAS5487
Influence of religious voices in same sex marriage debates
Debates around religious education, curricula and funding
Debates around Sharia law
Hallal and Kosher certification debates
Religion and law in Judaism
This session discusses the interpretation and application of Jewish Laws (Halakhah) in the modern world. It will cover change and adaptation of Jewish laws and their compatibility or clash with the laws of countries in which Jews reside. It will also look at the interaction of such laws with Jewish identity in a globalised world.
Readings for this session:
Kleinman, R. (2011). Civil Law as Custom: Jewish Law and Secular Law – Do they diverge or converge? The Review of Rabbinic Judaism. 14: 11–36.
Edrei, A. (2015). Identity Politics and Halakhah in Modern Israel. Journal of Modern Jewish Studies. 14(1): 109-125.
Edelman, M. (1994). Courts, politics, and culture in Israel. University of Virginia Press
Walzer, Michael (ed.) (2002) Law, Politics, and Morality in Judaism. Princeton University Press. – Chapters 1, 3 & 9
Cohen, Jack J. (2010). Judaism in a Post-Halakhic Age. Academic Studies Press. – Chapters 2, 3
Religion and law in Christianity
This session discusses the influence of Christianity on law and law on Christian beliefs. It will discuss the roots of Western law in Christian doctrines and the influence this has had on secularity in these countries. It will also cover the pressure from Christian groups to maintain and reinstate Christian beliefs within the law.
Readings for this session:
Zimmermann, A. (2014). Christianity and The Common Law: Rediscovering The Christian Roots Of The English Legal System. University of Notre Dame Australia Law Review. 16: 145 -177.
Donaghey, C. and Galloway, K. (2011). Analysing Conscience Votes in Parliament: Do Churches Influence the Law? James Cook University Law Review. 18: 84-112.
Peppard, J. (2008). Culture wars in South Australia: the sex education debates. Australian Journal of Social Issues. 43(3): 499-516.
Patrick, J. Religion, Secularism, and The National School Chaplaincy and Student Welfare Program. University of Queensland Law Journal. 33(1): 187-219.
Religion and law in Islam
This session will discuss the intersection of Islam and law in a variety of contexts. Islam is the basis for laws in some countries, has strong internal laws and is the focus of new laws in countries in which it is a minority religion. Internal laws such as Shari are also negotiable between times and social contexts, making essentialising about these religious laws difficult, if not dangerous. The session will cover the many interactions between Islam and law in the contemporary world.
Diamantides, M. (2014). Islam, Law and Identity. Taylor and Francis – Chapter 1.
Possamai, A. B. Turner, J. Roose, S. Dagistanli, and M. Voyce (2016) “Shari’a in Cyberspace: A
case study from Australia” Sociologica: Italian Journal of Sociology 1: 1 -22.
Lindsey, T. (2012) Islam, Law and the State in Southeast Asia. London: IB Tauris Marranci, G. (2010) Muslim Societies and the Challenge of Secularization. An Interdisciplinary Approach, Dordrecht, Springer.
El-Azhary Sonbol, A. (2007). Shari and State Formation: Historical Perspective. Chicago Journal of International Law. 8(1): 59-83.
Esmaeili, H. (2011). The Nature and Development of Law in Islam and the Rule of Law Challenge in the Middle East and the Muslim World. Connecticut Journal of International Law.
Humphrey, M. (2007). Culturalising the Abject: Islam, Law and Moral Panic in the West. Australian Journal of Social Issues. 42 (1): 9-25.
Mir-Hosseini, Z. (1999). Islam and gender: The religious debate in contemporary Iran. Princeton University Press.
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