Francesco Alicino

The dynamics of interactions between legal systems. The role of religious rules and practices within state law

  • Abstract

Informations and abstract

Keywords: Secular Laws, Religious Laws, Interaction, Human Rights, Jurisdiction.

With this article the author analyses the set of interactions that may take place between religious law and State’s secular law. He does so by focusing on three variants of the so-called joint governance approach: the religious arbitral tribunals, India’s religion-based personal laws, and Italy’s enforcement of the sentences pronounced by ecclesiastical tribunals in matters of marriage. That will make it possible to better understand the reasons underlying the performances and deficiencies of some systems of relationship State-religions, which in turn reflect on the overlapping affiliation of individuals who at the same time may be legally classified as citizens of States, members of religions, and human rights holders.

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