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Author: W. Cole Durham, Jr.
Publisher: Routledge
ISBN: 1351369628
Category : Law
Languages : en
Pages : 221
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Book Description
This book examines major conceptual challenges confronting freedom of religion or belief in contemporary settings. The volume brings together chapters by leading experts from law, religious studies, and international relations, who provide perspectives from both sides of the Atlantic. At a time when the polarization of ‘culture wars’ is aggravating tensions between secular and religious views about accommodating the conscientious claims of individuals and groups, and when the right to freedom of religion itself is facing misunderstanding and erosion, the work provides welcome clarity and depth. Some chapters adopt a primarily conceptual and historical approach; others analyze particular difficulties or conflicts that have emerged in European and American jurisdictions, along with concrete applications and recommendations for the future. The book will be a valuable resource for students, academics, and policy-makers with an interest in law, religion, and human rights.
Author: Brett G. Scharffs
Publisher: Routledge
ISBN: 1351369717
Category : Law
Languages : en
Pages : 230
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Book Description
This volume presents a timely analysis of some of the current controversies relating to freedom for religion and freedom from religion that have dominated headlines worldwide. The collection trains the lens closely on select issues and contexts to provide detailed snapshots of the ways in which freedom for and from religion are conceptualized, protected, neglected, and negotiated in diverse situations and locations. A broad range of issues including migration, education, the public space, prisons and healthcare are discussed drawing examples from Europe, the US, Asia, Africa and South America. Including contributions from leading experts in the field, the book will be essential reading for researchers and policy-makers interested in Law and Religion.
Author: Dr Cristiana Cianitto
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472416155
Category : Law
Languages : en
Pages : 565
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Book Description
What is the place assigned to religion in the constitutions of contemporary States? What role is religion expected to perform in the fields that are the object of constitutional regulation? Is separation of religion and politics a necessary precondition for democracy and the rule of law? These questions are addressed in this book through an analysis of the constitutional texts that are in force in different parts of the world. Constitutions are at the centre of almost all contemporary legal systems and provide the principles and values that inspire the action of the national law-makers. After a discussion of some topics that are central to the constitutional regulation of religion, the book considers a number of national systems covering countries with a variety of religious and cultural backgrounds. The final section of the book is devoted to the discussion of the constitutional regulation of some particularly controversial issues, such as religious education, the relation between freedom of speech and freedom of religion, abortion, and freedom of conscience.
Author: Winnifred Fallers Sullivan
Publisher: Princeton University Press
ISBN: 0691180954
Category : Law
Languages : en
Pages : 330
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Book Description
The Constitution may guarantee it. But religious freedom in America is, in fact, impossible. So argues this timely and iconoclastic work by law and religion scholar Winnifred Sullivan. Sullivan uses as the backdrop for the book the trial of Warner vs. Boca Raton, a recent case concerning the laws that protect the free exercise of religion in America. The trial, for which the author served as an expert witness, concerned regulations banning certain memorials from a multiconfessional nondenominational cemetery in Boca Raton, Florida. The book portrays the unsuccessful struggle of Catholic, Protestant, and Jewish families in Boca Raton to preserve the practice of placing such religious artifacts as crosses and stars of David on the graves of the city-owned burial ground. Sullivan demonstrates how, during the course of the proceeding, citizens from all walks of life and religious backgrounds were harassed to define just what their religion is. She argues that their plight points up a shocking truth: religion cannot be coherently defined for the purposes of American law, because everyone has different definitions of what religion is. Indeed, while religious freedom as a political idea was arguably once a force for tolerance, it has now become a force for intolerance, she maintains. A clear-eyed look at the laws created to protect religious freedom, this vigorously argued book offers a new take on a right deemed by many to be necessary for a free democratic society. It will have broad appeal not only for religion scholars, but also for anyone interested in law and the Constitution. Featuring a new preface by the author, The Impossibility of Religious Freedom offers a new take on a right deemed by many to be necessary for a free democratic society.
Author: Russell Blackford
Publisher: John Wiley & Sons
ISBN: 0470674032
Category : Political Science
Languages : en
Pages : 219
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Book Description
Exploring the relationship between religion and the state Focusing on the intersection of religion, law, and politics in contemporary liberal democracies, Blackford considers the concept of the secular state, revising and updating enlightenment views for the present day. Freedom of Religion and the Secular State offers a comprehensive analysis, with a global focus, of the subject of religious freedom from a legal as well as historical and philosophical viewpoint. It makes an original contribution to current debates about freedom of religion, and addresses a whole range of hot-button issues that involve the relationship between religion and the state, including the teaching of evolution in schools, what to do about the burqa, and so on.
Author: Pasquale Annicchino
Publisher: ICLARS Series on Law and Religion
ISBN: 9780367886097
Category :
Languages : en
Pages : 116
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Book Description
This book analyzes the promotion and protection of freedom of religion in the international arena with a particular focus on the role and influence of the US International Religious Freedom Act, 1998. It also investigates the impact of the IRFA on the legislation and policies of third countries and the EU. The book develops the story of the protection of religious freedom through foreign policy by showing how religious laws affect and shape a more communitarian dimension of the notion of freedom of religion which stands in contrast with a traditionally Western individualistic understanding of the right. It is argued that it is still possible to defend the unstable category of freedom of religion or belief especially when major violations are at stake. The book presents a balanced contribution to the academic debate on the promotion and protection of religious freedom. The comparative approach and interdisciplinary methodology make it a valuable resource for academics, students and policy-makers in Law, International Relations and Strategic Studies.
Author: Christopher L. Eisgruber
Publisher: Harvard University Press
ISBN: 0674034457
Category : Political Science
Languages : en
Pages : 346
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Book Description
Religion has become a charged token in a politics of division. In disputes about faith-based social services, public money for religious schools, the Pledge of Allegiance, Ten Commandments monuments, the theory of evolution, and many other topics, angry contestation threatens to displace America's historic commitment to religious freedom. Part of the problem, the authors argue, is that constitutional analysis of religious freedom has been hobbled by the idea of "a wall of separation" between church and state. That metaphor has been understood to demand that religion be treated far better than other concerns in some contexts, and far worse in others. Sometimes it seems to insist on both contrary forms of treatment simultaneously. Missing has been concern for the fair and equal treatment of religion. In response, the authors offer an understanding of religious freedom called Equal Liberty. Equal Liberty is guided by two principles. First, no one within the reach of the Constitution ought to be devalued on account of the spiritual foundation of their commitments. Second, all persons should enjoy broad rights of free speech, personal autonomy, associative freedom, and private property. Together, these principles are generous and fair to a wide range of religious beliefs and practices. With Equal Liberty as their guide, the authors offer practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. Their book calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.
Author: Silvio Ferrari
Publisher: Routledge
ISBN: 1351401955
Category : Law
Languages : en
Pages : 467
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Book Description
Freedom of religion is an issue of universal interest and scope. However, in the last two centuries at least, the philosophical, religious and legal terms of the question have been largely defined in the West. In an increasingly global world, widening our knowledge of this right’s roots in different cultural and legal systems becomes a priority. This Handbook seeks to attain this goal through a better understanding of the historical roots and expressions of the right to freedom of religion on the one hand and, on the other, of its theological background in different religious traditions. History and theology provide the setting for the analysis of the politics of freedom of religion, that is, how this right is used in the context of the dialogue/confrontation between countries placed in different cultural regions of the world, and of the legal strategies and tools that have been developed and are employed to protect and foster the right to freedom of religion. Behind these legal and political strategies, there is an ongoing debate about the nature of this right, whose main features are explored in the final section. Global, historical and interdisciplinary in approach, this book studies the new relevance of freedom of religion worldwide and develops suitable categories to analyze and understand the role that freedom of religion can play in managing religious and cultural diversity in our societies. Authored by experts, through the contributions collected in these chapters, scholars and students will be able to broaden and deepen their knowledge of the right to freedom of religion and to develop the ability to go beyond the borders of the different cultural environments in which this right took shape and developed.
Author: Carolyn Nestor Long
Publisher: Landmark Law Cases and American Society
ISBN:
Category : Law
Languages : en
Pages : 344
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Book Description
"The Supreme Court's controversial decision in Oregon v. Smith sharply departed from previous expansive readings of the First Amendment's religious freedom clause and ignited a firestorm of protest from legal scholars, religious groups, legislators, and Native Americans. A major event in Native American history, the case attracted widespread support for the Indian cause from a diverse array of religious groups eager to protect their own religious freedom and led to an intense tug-of-war between the Court and Congress. Carolyn Long provides the first book-length analysis of Smith and shows shy it continues to resonate so deeply in the American psyche."--Back cover.
Author: Anat Scolnicov
Publisher: Routledge
ISBN: 113690705X
Category : Law
Languages : en
Pages : 280
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Book Description
This book analyses the right to religious freedom in international law, drawing on an array of national and international cases. Taking a rigorous approach to the right to religious freedom, Anat Scolnicov argues that the interpretation and application of religious freedom must be understood as a conflict between individual and group claims of rights, and that although some states, based on their respective histories, religions, and cultures, protect the group over the individual, only an individualistic approach of international law is a coherent way of protecting religious freedom. Analysing legal structures in a variety of both Western and Non-Western jurisdictions, the book sets out a topography of different constitutional structures of religions within states and evaluates their compliance with international human rights law. The book also considers the position of women's religious freedom vis-à-vis community claims of religious freedom, of children’s right to religious freedom and of the rights of dissenters within religious groups.
Author: Marc O. DeGirolami
Publisher: Harvard University Press
ISBN: 0674074157
Category : Law
Languages : en
Pages : 362
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Book Description
When it comes to questions of religion, legal scholars face a predicament. They often expect to resolve dilemmas according to general principles of equality, neutrality, or the separation of church and state. But such abstractions fail to do justice to the untidy welter of values at stake. Offering new views of how to understand and protect religious freedom in a democracy, The Tragedy of Religious Freedom challenges the idea that matters of law and religion should be referred to far-flung theories about the First Amendment. Examining a broad array of contemporary and more established Supreme Court rulings, Marc DeGirolami explains why conflicts implicating religious liberty are so emotionally fraught and deeply contested. Twenty-first-century realities of pluralism have outrun how scholars think about religious freedom, DeGirolami asserts. Scholars have not been candid enough about the tragic nature of the conflicts over religious liberty—the clash of opposing interests and aspirations they entail, and the limits of human reason to resolve intractable differences. The Tragedy of Religious Freedom seeks to turn our attention from abstracted, absolute values to concrete, historical realities. Social history, characterized by the struggles of lawyers engaged in the details of irreducible conflicts, represents the most promising avenue to negotiate legal conflicts over religion. In this volume, DeGirolami offers an approach to understanding religious liberty that is neither rigidly systematic nor ad hoc, but a middle path grounded in a pluralistic and historically informed perspective.
