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BL
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| Record Number
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845749
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| Main Entry
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Asal, Victor
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| Title & Author
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Legal path dependence and the long arm of the religious state : : sodomy provisions and gay rights across nations and over time /\ Victor Asal and Udi Sommer.
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| Publication Statement
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Albany, NY :: State University of New York Press,, 2016.
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| Page. NO
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1 online resource
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| ISBN
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1438463251
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: 9781438463254
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1438463235
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9781438463230
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| Bibliographies/Indexes
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Includes bibliographical references and index.
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| Contents
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List of Figures ; List of Tables ; Acknowledgments ; Chapter 1: Introduction ; The Importance of de jure Provisions; This Book's Argument; Path Dependence; State-Religion Relations and Prohibitions on Sodomy; Existing Accounts in the Literature; Democratic Conditions and Sodomy Laws; Economic Development, Modernization, and Sodomy Laws; Globalization and Sodomy Laws; Data and Methods for the Book; Outline of the Book; Chapter 2: The History of Sodomy Laws and the Theory of Legal Path Dependence ; A Male Heir; Breaking Away with Rome.
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Dependent Variable: Sodomy ProvisionsExplanatory Variables; Results; Decriminalization of Sodomy via Courts and Legislatures; Path Dependence, Sodomy Provisions, and Courts; Can Courts Repeal Sodomy Provisions?; Legal Path Dependence and Sodomy Repeal in Divergent Institutional Contexts; Testing the Effects of Institutional Settings on the Repeal of Sodomy Laws; Results; Chapter 5: Equalization of Rights ; Explaining Rights; Domestic Forces; Political Inclusion and Domestic Norm Spillover; The Effects of Culture and Religion; Global and International Influences; Human Rights Covenants.
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International Labor OrganizationCross-Country Norm Cascade-Globalization; Empirical Analyses of Equality Under the Law for Sexual Minorities; Results; Final Thoughts about Discrimination Against the LGBT Community; Chapter 6: The Gay Rights Index ; Levels of Legal Protection for Sexual Minorities; The Gay Rights Index; Multivariate Analyses of the Predictors of the Gay Rights Index; Chapter 7: Conclusions ; Appendix A: Descriptive Statistics ; Appendix B: A Correlation Matrix ; Appendix C: Supporting Analyses and Robustness Tests ; Appendix D: Supporting Analyses and Robustness Tests.
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Legal Path Dependence in Civil Law and the Repeal of Sodomy Laws in Revolutionary FranceCivil Law; The Napoleonic Code and Sodomy Provisions; Chapter 3: The Religious State and Death Penalty for Sodomy ; Death Penalty for Same-Sex Relations and Limitations on Religious Freedom; Common Law and Capital Punishment for Sodomy; Religion and Death Penalty for Gays: The Empirical Test; Chapter 4: Sodomy Provisions and Their Repeal ; Democratic Conditions and Political Opportunity Structure for Minorities; The State of Economic Development and Modernization; Globalization.
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Medieval Bases of Modern Sodomy Laws and the Sodomy Laws in England in the Middle AgesThe Buggery Act of 1533; Path Dependence and Its Three Pillars in Common Law Systems; The First Pillar of Legal Path Dependence: Colonial Codification; (1) The Elphinstone Code of 1827 for the Presidency of Bombay in India ; (2) The Indian Penal Code of 1860-The Macaulay Code ; (3) The Fitzjames Stephen Code ; (4) The Griffith Code; (5) The Wright Penal Code; The Second Pillar of Legal Path Dependence: Legislative Decisions; The Third Pillar of Legal Path Dependence: Judicial Rulings.
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| Abstract
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Bringing together theoretical perspectives from both comparative politics and public law, this book examines the reasons why certain countries criminalize same-sex activities while others have carved into law the requirement that sexual minority communities be protected. The authors break new ground by using cross-national yearly data over decades?focusing on sodomy laws, death penalty provisions for same-sex sexual relations, and sexual discrimination practices - to develop a Gay Rights Index comparing treatment of such groups in various parts of the world. The book includes legal and large-N analyses, historical examples, and case studies underscoring important changes and key trends during the last several decades. Also highlighted are the significant human rights violations still being committed in various parts of the world against sexual minorities, and the continuing role religion plays.
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| Subject
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Gay rights.
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Gays-- Legal status, laws, etc.
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Homosexuality-- Law and legislation.
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Homosexuality-- Religious aspects.
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Analerotik
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Gay rights.
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Gays-- Legal status, laws, etc.
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Homosexualität
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Homosexuality-- Law and legislation.
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Homosexuality-- Religious aspects.
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LAW-- Criminal Law-- General.
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| Subject
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Strafrecht
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| Dewey Classification
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345/.02536
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| LC Classification
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K3242.3
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| Added Entry
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Sommer, Udi
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