This volume considers the complex interaction between individual rights and religion, and collects writings from journals, edited collections and individual books. These articles are mainly focused on US and European systems, but also cover other systems, and throw a sharp light on the role of religion in determining the structure of rights.
John Eekelaar FBA is Co-Director of the Oxford Centre for Family Law and Policy and Emeritus Fellow, Pembroke College, Oxford University, UK.
Contents: Introduction, John Eekelaar. Part I Religion and the Social Structure: Development of family law in Western and Eastern Europe: common origins, common driving forces, common tendencies, M.V. Antokolskaia; The development of the family and marriage in Europe, Jack Goody. Part II The Family and the Transmission of Religious Identity: The parental right to control the religious education of the child, L.M. Friedman; Parental disputes, religious upbringing and welfare in English law and the ECHR, Sylvie Langlaude; Responsibility for the soul of the child: the role of the state and parents in determining religious upbringing and education, Rachel E. Taylor; The child's right to religious freedom in international law, Ursula Kilkelly; The child's right to religious freedom and formation of identity, Anat Scolnicov; No 'Rip van Winkels' here: Amish education since Wisconsin v Yoder, D.L. McConnell and C.E. Hurst. Part III Religion and the Welfare of Family Members: The child cases: how America's religious exemption laws harm children, Alan Rogers; Understanding faith: when religious parents decline conventional medical treatment, A. Lederman; Child fatalities from religion-motivated medical neglect, S.M. Asser and R. Swan; When terror strikes at home: the interface between religion and domestic violence, N. Nason-Clark. Part IV Religion and Belonging: Understanding the religion in freedom of religion, Jeremy Webber; Religion without God, Ronald Dworkin; Belief in marriage, J. Jane Mair. Part V The Secular State and Religious Groups: Civil and religious law in England: a religious perspective, Rowan Williams; The archbishop and marital pluralism: an American perspective, John Witte; Marriage pluralism in the United States, Linda C. McClain; Human rights under state enforced religious family laws in Israel, Egypt and India, Yuksel Sezgin; Personal autonomy and the option of religious law, Farrah Ahmed; A 'deviant' solution: the Israeli Agunah and the religious sanctions law, Pascale Fournier, Pascal McDougall and Merrisa Lichtsztral; The wife's right to divorce on the basis of the delegation condition under Islamic and Iranian law, A.R. Bariklou; Family law in diverse societies, Maleiha Malik. Index.