Il volume illustra l'evoluzione della libertà religiosa in Occidente, comparando la tradizione europea con quella statunitense. Alla prospettiva storica gli autori affiancano l'analisi della giurisprudenza della Corte suprema degli Stati Uniti, della Corte europea dei diritti dell'uomo e della Corte di Giustizia dell'Unione europea, divenute dei punti di riferimento globali per la tutela delle libertà, per poi considerare le attuali tensioni tra la libertà religiosa e i nuovi diritti sulle due sponde dell'Atlantico. Indice del volume: Prefazione. Introduzione. I. Diritti umani e libertà religiosa nella tradizione giuridica occidentale. II. La libertà religiosa nell'Occidente contemporaneo. III. Il futuro dei diritti e della libertà religiosa.

Per oltre duemilacinquecento anni, la tradizione occidentale ha visto nel matrimonio monogamico un'istituzione fondamentale per il bene di uomini e donne, genitori e figli, società e stato. Al tempo stesso, la poligamia è stata trattata come un grave crimine, che danneggia donne e bambini, associata a svariati altri reati ed abusi e ritenuta una minaccia per la buona cittadinanza e la stabilità politica. L'Occidente ha a lungo sanzionato le varie forme di matrimonio plurimo e stigmatizzato le diverse dottrine poligamiche emerse all'interno delle varie religioni. John Witte, Jr. offre un'ampia documentazione della preferenza occidentale per la monogamia dall'antichità al giorno d'oggi, attraverso un'analisi degli argomenti storici che hanno giustificato la poligamia ritenendola un'istituzione fondata sulla Bibbia, sulla natura umana, o utile alla società, e soffermandosi sugli argomenti moderni secondo cui le norme contro la poligamia violano la libertà personale e religiosa. Dopo aver dato spazio alle ragioni a favore e contro, l'autore conclude che la storica ostilità occidentale nei confronti della poligamia rimane convincente e sostiene la tutela della monogamia. (Traduzione italiana di 'The Western Case for Monogamy Over Polygamy', Cambridge University Press 2015)

What impact has Christianity had on the law from its beginnings to the present day? This introduction explores the main legal teachings of Western Christianity, set out in the texts and traditions of scripture and theology, philosophy and jurisprudence. It takes up the weightier matters of the law that Christianity has profoundly shaped - justice and mercy, rule and equity, discipline and love - as well as more technical topics of canon law, natural law, and state law. Some of these legal creations were wholly original to Christianity. Others were converted from Jewish and classical traditions. Still others were reformed by Renaissance humanists and Enlightenment philosophers. But whether original or reformed, these Christian teachings on law, politics and society have made and can continue to make fundamental contributions to modern law in the West and beyond.

What impact has Christianity had on the law from its beginnings to the present day? This introduction explores the main legal teachings of Western Christianity, set out in the texts and traditions of scripture and theology, philosophy and jurisprudence. It takes up the weightier matters of the law that Christianity has profoundly shaped - justice and mercy, rule and equity, discipline and love - as well as more technical topics of canon law, natural law, and state law. Some of these legal creations were wholly original to Christianity. Others were converted from Jewish and classical traditions. Still others were reformed by Renaissance humanists and Enlightenment philosophers. But whether original or reformed, these Christian teachings on law, politics and society have made and can continue to make fundamental contributions to modern law in the West and beyond.

'For more than 2,500 years, the Western tradition has embraced monogamous marriage as an essential institution for the flourishing of men and women, parents and children, society and the state. At the same time, polygamy has been considered a serious crime that harms wives and children, correlates with sundry other crimes and abuses, and threatens good citizenship and political stability. The West has thus long punished all manner of plural marriages and denounced the polygamous teachings of selected Jews, Muslims, Anabaptists, Mormons, and others. John Witte, Jr carefully documents the Western case for monogamy over polygamy from antiquity until today. He analyzes the historical claims that polygamy is biblical, natural, and useful alongside modern claims that anti-polygamy laws violate personal and religious freedom. While giving the pro and con arguments a full hearing, Witte concludes that the Western historical case against polygamy remains compelling and urges Western nations to hold the line on monogamy'--

Berman's long-lost tract shows how properly negotiated, translated and formalised legal language is essential to fostering peace and common understanding.

Spanning thousands of years, this new collection brings together writings and teachings about sex, marriage, and family from the Jewish, Christian, Islamic, Hindu, Buddhist, and Confucian traditions. The volume includes traditional texts as well as contemporary materials showing how the religions have responded to the changing conditions and mores of modern life. It reveals the similarities and differences among the various religions and the development of ideas and teachings within each tradition. Selections shed light on each religion's views on a range of subjects, including sexuality and sexual pleasure, the meaning and purpose of marriage, the role of betrothal, the status of women, the place of romance, grounds for divorce, celibacy, and sexual deviance.

Separate chapters devoted to each religion include introductions by leading scholars that contextualize the readings. The selections are drawn from a variety of genres including ritual, legal, theological, poetic, and mythic texts. The volume contains such diverse examples as the Zohar on conjugal manners, a contemporary Episcopalian liturgy for same-sex unions, Qur'anic passages on the equality of the sexes, the Ka--masu--tra on husbands, wives, and lovers, Buddhist writings on celibacy, and Confucian teachings on filial piety.

Contributors include: Michael S. Berger, Emory University; Azizah Y. al-Hibri, Richmond School of Law; Alan Cole, Lewis and Clark College; Paul B. Courtright, Emory University; Patricia Buckley Ebrey, University of Washington; Raja M. El-Habti, Muslim Women Lawyers for Human Rights; Luke Timothy Johnson, Emory University; Mark D. Jordan, Emory University

John Calvin developed arresting new teachings on rights and liberties, church and state, and religion and politics that shaped the law of Protestant lands. Calvin's original teachings were periodically challenged by major crises - the French Wars of Religion, Dutch Revolt, the English Civil War, American colonization, and American Revolution. In each such crisis moment, a major Calvinist figure emerged - Theodore Beza, Johannes Althusius, John Milton, John Winthrop, John Adams, and others - who modernized Calvin's teachings and translated them into dramatic new legal and political reforms. This rendered early modern Calvinism one of the driving engines of Western constitutionalism. A number of basic Western laws on religious and political rights, social and confessional pluralism, federalism and constitutionalism, and more owe a great deal to this religious movement. This book is essential reading for scholars and students of history, law, religion, politics, ethics, human rights, and the Protestant Reformation.

What impact has Christianity had on the law from its beginnings to the present day? This introduction explores the main legal teachings of Western Christianity, set out in the texts and traditions of scripture and theology, philosophy and jurisprudence. It takes up the weightier matters of the law that Christianity has profoundly shaped - justice and mercy, rule and equity, discipline and love - as well as more technical topics of canon law, natural law, and state law. Some of these legal creations were wholly original to Christianity. Others were converted from Jewish and classical traditions. Still others were reformed by Renaissance humanists and Enlightenment philosophers. But whether original or reformed, these Christian teachings on law, politics and society have made and can continue to make fundamental contributions to modern law in the West and beyond.

As players in the drama of human society, we are only dimly aware of the whole sweep of the story. While savage excess occasionally prevails, we still struggle to reflect God's image and order in our societies.

Using law and religion as a pair of lenses, John Witte expertly surveys the stormy yet lush landscape of the western tradition. After a concise history of rights in the west, he then focuses on a diverse yet coherent series of landmarks, from Luther's Freedom of a Christian to contemporary Russian religious freedom, from battles over the First Amendment to the ongoing importance of marriage. Throughout, Witte's reflections center on the constant tension between religion and law, between church and state.

God's Joust, God's Justice provides a clear vista of the debates over law and religion in the west, enabling readers to competently proceed towards a more integrated understanding of these foundational elements of western democracy.