Home -> Law Blog Directory -> Academic Blogs -> Legal Theory Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Academic
: Legal Theory BlogHofri-Winogradow on Religious Norms as Legal Norms in Modern States
By Lawrence Solum
-
Can a modern state provide its citizens with a just and stable legal order while adopting religious normativities as part of its law? While dispute resolution according to some type of religious law is available in nearly every jurisdiction, it is Muslim-majority jurisdictions, as well as the only Jewish-majority jurisdiction, Israel, that explicitly adopt religious normativities as parts of their positive law. After discussing the different ways in which state legal systems may be made to apply religious normativities, the article concludes that such an integrationist approach leads not only to injustice, but also to continuous instability. To illustrate this conclusion by way of example, I describe the recent expansion of non-state religious adjudication in Israel. While Israel has long based much of its family law on several religious legal traditions, giving traditional religious courts jurisdiction over the subject, Israeli religious conservatives are now rapidly establishing non-state courts which apply Jewish religious law to subject areas other than family law, intending to draw litigants away from the state civil court system. Other, Muslim-majority jurisdictions attempting to integrate religious adjudication into their state legal systems are also prone to continuous instability. Much of the injustice stems from the common choice of family law as the subject to which the state applies religious normativities; the religious law of the family infringes core human rights standards far more than many other parts of religious law. Since religious conservatives ascribe a special importance to religious family law and are unlikely to be satisfied with the choice of another subject as the point where state law is to be impacted by religious law, Muslim-majority jurisdictions' and Israel's struggle with conservatives' demands that religious normativities be applied as state law, and with the injustice and instability consequent on granting those demands, is likely to continue.
Full post as published by Legal Theory Blog on June 07, 2010 (boomark / email).
Pre-paid Leagal Services
What are Prepaid Legal Benefit Plans
Legal Forms
Business and Commercial Legal Forms
Best Law Movies
Greatest Legal Movies selected by ABA Journal
Law & Order Depicts Police Procedures and Criminal Justice
Accuracy of Criminal Justice Depiction on Television
Delta and Pine Land Co.
$300,000 settlement in SEC norms violation lawsuit.
Religious Decorations
Oklahoma City to pay attorney fees in religious freedom violations lawsuit.
Legal Malpractice
legal malpractice lawsuits.
Discrimination
race, gender, disability, religious or age discrimiation.
Cilantro
Recalled in 5 States
Lettuce
Recalled in 29 States due to Salmonella

Norms, the look and feel of a law department
Anthony Alfieri, Prosecuting the Jena Six
Pennsylvania: Same-Sex Marriage, the Courts, and the People
Singer on Property Norms and Externalities of Ownership
Pure Social Norms and the Seinfeldian In-town Courtesy Call
Singer on Property Norms and the Construction of Externalities of Ownership









