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Religious Actors and International Law$
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Ioana Cismas

Print publication date: 2014

Print ISBN-13: 9780198712824

Published to Oxford Scholarship Online: September 2014

DOI: 10.1093/acprof:oso/9780198712824.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 04 August 2021

Religious Actors as an Analytical Category

Religious Actors as an Analytical Category

(p.50) 2 Religious Actors as an Analytical Category
Religious Actors and International Law

Ioana Cismas

Oxford University Press

This chapter clarifies key concepts of the book. It explains the heuristic function of an analytical category, and the utility of employing religious actors as an analytical device. It then defines the analytical category of religious actors as one that covers states and non-state entities which assume the role of interpreters of religion, and in doing so claim a ‘special’ or religious legitimacy that relies primarily on tradition or affect, as opposed to rational-legal features. These definitional contours are further refined by examining the interactions of religious actors in international fora in relation to two topics: sexuality and reproduction, and ‘defamation of religions’. Finally, the chapter discusses the framework of acquisition of rights and obligations in international law: it contrasts the ‘subjects doctrine’ to the ‘capacity approach’, whereby the latter enables the extraction of right and obligations of non-state actors from treaty law and jurisprudence.

Keywords:   analytical category, religious actors, interpretation, legitimacy, sexual rights, reproductive rights, defamation of religions, international legal personality, legal subject, capacity approach

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