Religious Pluralism and Law in Contemporary Brazil


Book Description

This book represents a unique contribution to understanding the interactions between law and religion in contemporary Brazil. It analyzes how the regulation of religions according to the classical notion of secularism has become a source of tensions since the 1990s. Against this background, the respective chapters demonstrate, on the basis of various case studies, how the constitutional principle of pluralism, introduced by the 1988 federal constitution after a military dictatorship, has been addressed by new political actors, such as religious leaders, parliamentarians, influencers, state representatives, and activists. In particular, the chapters demonstrate how the mobilization of legal language, notably the language of human rights, has become fundamental to developing and consolidating new political agendas concerning secularism, tolerance, freedom of expression, gender and sexuality, family, and cultural heritage. In the authors’ approach, human rights assume a central role in social disputes as a language in which actors constitute themselves as rights subjects, form activist networks, and pursue their goals by expressing themselves in public. Given its focus and scope, the book will be of interest to all scholars seeking to understand the relationships between diversity and the regulation of religious practices in plural societies, where the classical notion of secularism continues to show its limitations.




Religious Conflict in Brazil


Book Description

The story of how Brazilian Catholics and Protestants confronted one of the greatest shocks to the Latin American religious system in its 500-year history This innovative study explores the transition in Brazil from a hegemonically Catholic society to a religiously pluralistic society. With sensitivity, Erika Helgen shows that the rise of religious pluralism was fraught with conflict and violence, as Catholic bishops, priests, and friars organized intense campaigns against Protestantism. These episodes of religious violence were not isolated outbursts of reactionary rage, but rather formed part of a longer process through which religious groups articulated their vision for Brazil’s national future.




Why Religion? Towards a Critical Philosophy of Law, Peace and God


Book Description

This book examines the relation between religion and jurisprudence, God, and peace respectively. It argues that in order to elucidate the possible role religion can play in the contemporary world, it is useful to analyse religion by associating it with other concepts. Why peace? Because peace is probably the greatest promise made by religions and the greatest concern in the contemporary world. Why jurisprudence? Because, quoting Kelsen’s famous book "Peace through Law", peace is usually understood as something achievable by international legal instruments. But what if we replace "Peace through Law" with "Peace through Religion"? Does law, as an instrument for achieving peace, incorporate a religious dimension? Is law, ultimately, a religious and normative construction oriented to peace, to the protection of humanity, in order to keep humans from the violence of nature? Is the hope for peace rational, or just a question of faith? Is religion itself a question of faith or a rational choice? Is the relatively recent legal concept of “responsibility to protect” a secular expression of the oldest duty of humankind? The book follows the structure of interdisciplinary research in which the international legal scholar, the moral philosopher, the philosopher of religion, the theologian, and the political scientist contribute to the construction of the necessary bridges. Moreover, it gives voice to different monotheistic traditions and, more importantly, it analyses religion in the various dimensions in which it determines the authors' cultures: as a set of rituals, as a source of moral norms, as a universal project for peace, and as a political discourse.




Latin American Perspectives on Law and Religion


Book Description

This book makes a valuable contribution to the fascinating global debate on the meaning and scope of freedom of religion or belief and the relations between state, society and religion. It offers a cross-thematic approach to law and religion from the Global South. Law and religion have been consolidated to form a specific area of study in recent years. However, due to language barriers, most of the regional and national debates within Latin America have not been accessible to interested audiences from other parts of the world. Despite the specificities of the Latin American context, the issues, arrangements and processes that have been negotiated and developed in this part of the Global South make a valuable contribution to addressing the challenges that have arisen in other regions. The book analyses the intersections and interactions between religion and other far-reaching subjects such as politics and democracy, traditional cultures, national and ethnic groups, majorities and minorities, public education, management of diversity, intolerance and violence, as well as secularism and equality. The collection of essays is of interest not only to legal scholars and practitioners, but also to sociologists, political scientists and theologians, as well as to policymakers and civil society organizations.




Religion, Secularism, and Constitutional Democracy


Book Description

Polarization between political religionists and militant secularists on both sides of the Atlantic is on the rise. Critically engaging with traditional secularism and religious accommodationism, this collection introduces a constitutional secularism that robustly meets contemporary challenges. It identifies which connections between religion and the state are compatible with the liberal, republican, and democratic principles of constitutional democracy and assesses the success of their implementation in the birthplace of political secularism: the United States and Western Europe. Approaching this issue from philosophical, legal, historical, political, and sociological perspectives, the contributors wage a thorough defense of their project's theoretical and institutional legitimacy. Their work brings fresh insight to debates over the balance of human rights and religious freedom, the proper definition of a nonestablishment norm, and the relationship between sovereignty and legal pluralism. They discuss the genealogy of and tensions involving international legal rights to religious freedom, religious symbols in public spaces, religious arguments in public debates, the jurisdiction of religious authorities in personal law, and the dilemmas of religious accommodation in national constitutions and public policy when it violates international human rights agreements or liberal-democratic principles. If we profoundly rethink the concepts of religion and secularism, these thinkers argue, a principled adjudication of competing claims becomes possible.




Legal Pluralism and Empires, 1500-1850


Book Description

This wide-ranging volume advances our understanding of law and empire in the early modern world. Distinguished contributors expose new dimensions of legal pluralism in the British, French, Spanish, Portuguese, and Ottoman empires. In-depth analyses probe such topics as the shifting legal privileges of corporations, the intertwining of religious and legal thought, and the effects of clashing legal authorities on sovereignty and subjecthood. Case studies show how a variety of individuals engage with the law and shape the contours of imperial rule. The volume reaches from Peru to New Zealand to Europe to capture the varieties and continuities of legal pluralism and to probe the analytic power of the concept of legal pluralism in the comparative study of empires. For legal scholars, social scientists, and historians, Legal Pluralism and Empires, 1500-1850 maps new approaches to the study of empires and the global history of law.




After Pluralism


Book Description

The contributors to this volume treat pluralism as a concept that is historically and ideologically produced or, put another way, as a doctrine that is embedded within a range of political, civic, and cultural institutions. Their critique considers how religious difference is framed as a problem that only pluralism can solve. Working comparatively across nations and disciplines, the essays in After Pluralism explore pluralism as a "term of art" that sets the norms of identity and the parameters of exchange, encounter, and conflict. Contributors locate pluralism's ideals in diverse sites Broadway plays, Polish Holocaust memorials, Egyptian dream interpretations, German jails, and legal theories and demonstrate its shaping of political and social interaction in surprising and powerful ways. Throughout, they question assumptions underlying pluralism's discourse and its influence on the legal decisions that shape modern religious practice. Contributors do more than deconstruct this theory; they tackle what comes next. Having established the genealogy and effects of pluralism, they generate new questions for engaging the collective worlds and multiple registers in which religion operates.




Democratic Brazil


Book Description

After 21 years of military rule, Brazil returned to democracy in 1985. Over the past decade and a half, Brazilians in the Nova Repœblica (New Republic) have struggled with a range of diverse challenges that have tested the durability and quality of the young democracy. How well have they succeeded? To what extent can we say that Brazilian democracy has consolidated? What actors, institutions, and processes have emerged as most salient over the past 15 years? Although Brazil is Latin America's largest country, the world's third largest democracy, and a country with a population and GNP larger than Yeltsin's Russia, more than a decade has passed since the last collaborative effort to examine regime change in Brazil, and no work in English has yet provided a comprehensive appraisal of Brazilian democracy in the period since 1985. Democratic Brazil: Actors, Institutions, and Processes analyzes Brazilian democracy in a comprehensive, systematic fashion, covering the full period of the New Republic from Presidents Sarney to Cardoso. Democratic Brazil brings together twelve top scholars, the "next generation of Brazilianists," with wide-ranging specialties including institutional analysis, state autonomy, federalism and decentralization, economic management and business-state relations, the military, the Catholic Church and the new religious pluralism, social movements, the left, regional integration, demographic change, and human rights and the rule of law. Each chapter focuses on a crucial process or actor in the New Republic, with emphasis on its relationship to democratic consolidation. The volume also contains a comprehensive bibliography on Brazilian politics and society since 1985. Prominent Brazilian historian Thomas Skidmore has contributed a foreword to the volume. Democratic Brazil speaks to a wide audience, including Brazilianists, Latin Americanists generally, students of comparative democratization, as well as specialists within the various thematic subfields represented by the contributors. Written in a clear, accessible style, the book is ideally suited for use in upper-level undergraduate courses and graduate seminars on Latin American politics and development.




Legal Pluralism in Ethiopia


Book Description

Being a home to more than 80 ethnic groups, Ethiopia has to balance normative diversity with efforts to implement state law across its territory. This volume explores the co-existence of state, customary, and religious legal forums from the perspective of legal practitioners and local justice seekers. It shows how the various stakeholders' use of negotiation, and their strategic application of law can lead to unwanted confusion, but also to sustainable conflict resolution, innovative new procedures and hybrid norms. The book thus generates important knowledge on the conditions necessary for stimulating a cooperative co-existence of different legal systems.




Handbook of Contemporary Religions in Brazil


Book Description

The Brill Handbook of Contemporary Religions in Brazil provides an unprecedented overview of Brazil’s religious landscape. It offers a full, balanced and contextualized portrait of contemporary religions in Brazil, bringing together leading scholars from both Brazil and abroad, drawing on both fieldwork and detailed reviews of the literatures. For the first time a single volume offers overviews by leading scholars of the full range of Brazilian religions, alongside more theoretically oriented discussions of relevant religious and culture themes. This Handbook’s three sections present specific religions and groups of traditions, Brazilian religions in the diaspora, and issues in Brazilian religions (e.g., women, possession, politics, race and material culture).