Proportionality Equality Laws And Religion

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Proportionality, Equality Laws, and Religion

Author : Megan Pearson
Publisher : Routledge
ISBN 13 : 1317074556
Total Pages : 216 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Proportionality, Equality Laws, and Religion by : Megan Pearson

Download or read book Proportionality, Equality Laws, and Religion written by Megan Pearson and published by Routledge. This book was released on 2017-03-16 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers how the law should manage conflicts between the right of religious freedom and that of non-discrimination on the grounds of sexual orientation. These disputes are often high-profile and frequently receive a lot of media attention and public debate. Starting from the basis that both these rights are valuable and worthy of protection, but that such disputes are often characterised by animosity, it contends that a proportionality analysis provides the best method for resolving these conflicts. The work takes a comparative approach, examining the law in England and Wales, Canada, and the USA and examines four main areas of law, considering how a proportionality approach could be used in each. The book will be an invaluable resource for students and researchers in the areas of Public Law, Human Rights Law, Law and Religion, Discrimination Law, and Comparative Law.

Proportionality, Equality Laws, and Religion

Author : Megan Pearson
Publisher : Taylor & Francis
ISBN 13 : 1317074564
Total Pages : 216 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Proportionality, Equality Laws, and Religion by : Megan Pearson

Download or read book Proportionality, Equality Laws, and Religion written by Megan Pearson and published by Taylor & Francis. This book was released on 2017-03-16 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers how the law should manage conflicts between the right of religious freedom and that of non-discrimination on the grounds of sexual orientation. These disputes are often high-profile and frequently receive a lot of media attention and public debate. Starting from the basis that both these rights are valuable and worthy of protection, but that such disputes are often characterised by animosity, it contends that a proportionality analysis provides the best method for resolving these conflicts. The work takes a comparative approach, examining the law in England and Wales, Canada, and the USA and examines four main areas of law, considering how a proportionality approach could be used in each. The book will be an invaluable resource for students and researchers in the areas of Public Law, Human Rights Law, Law and Religion, Discrimination Law, and Comparative Law.

Religion and Equality

Author : W. Cole Durham, Jr.
Publisher : Routledge
ISBN 13 : 1317068084
Total Pages : 214 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Religion and Equality by : W. Cole Durham, Jr.

Download or read book Religion and Equality written by W. Cole Durham, Jr. and published by Routledge. This book was released on 2016-05-26 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents an analysis of controversial events and issues shaping a rapidly changing international legal, political, and social landscape. Leading scholars and experts in law, religious studies and international relations, thoughtfully consider issues and tensions arising in contemporary debates over religion and equality in many parts of the world. The book is in two parts. The first section focuses on the anti-discrimination dimension of religious freedom norms, examining the developing law on equality and human rights and how it operates at international and national levels. The second section provides a series of case studies exploring the contemporary issue of same-sex marriage and how it affects religious groups and believers. This collection will be of interest to academics and scholars of law, religious studies, political science, and sociology, as well as policymakers and legal practitioners.

Equality, Freedom, and Religion

Author : Roger Trigg
Publisher : Oxford University Press
ISBN 13 : 0191613371
Total Pages : pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Equality, Freedom, and Religion by : Roger Trigg

Download or read book Equality, Freedom, and Religion written by Roger Trigg and published by Oxford University Press. This book was released on 2012-01-05 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Is religious freedom being curtailed in pursuit of equality, and the outlawing of discrimination? Is enough effort made to accommodate those motivated by a religious conscience? All rights matter but at times the right to put religious beliefs into practice increasingly takes second place in the law of different countries to the pursuit of other social priorities. The right to freedom of belief and to manifest belief is written into all human rights charters. In the United States religious freedom is sometimes seen as 'the first freedom'. Yet increasingly in many jurisdictions in Europe and North America, religious freedom can all too easily be 'trumped' by other rights. Roger Trigg looks at the assumptions that lie behind the subordination of religious liberty to other social concerns, especially the pursuit of equality. He gives examples from different Western countries of a steady erosion of freedom of religion. The protection of freedom of worship is often seen as sufficient, and religious practices are separated from the beliefs which inspire them. So far from religion in general, and Christianity in particular, providing a foundation for our beliefs in human dignity and human rights, religion is all too often seen as threat and a source of conflict, to be controlled at all costs. The challenge is whether any freedom can preserved for long, if the basic human right to freedom of religious belief and practice is dismissed as of little account, with no attempt to provide any reasonable accommodation. Given the central role of religion in human life, unnecessary limitations on its expression are attacks on human freedom itself.

Religion and Equality Law

Author : Nelson Tebbe
Publisher :
ISBN 13 : 9781315088945
Total Pages : pages
Book Rating : 4.0/5 (889 download)

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Book Synopsis Religion and Equality Law by : Nelson Tebbe

Download or read book Religion and Equality Law written by Nelson Tebbe and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "The essays selected for this volume address topics at the intersection of religion and equality law, including discrimination against religion, discrimination by religious actors and discrimination in favor of religious groups and traditions. The introduction provides a conceptual guide to these types of inequality - which are often misunderstood or conflated - and it offers an analysis of different species of discrimination within each broad category. Each section of the volume contains both theoretical essays, which set out frameworks for thinking about the relevant type of inequality, and essays that examine real-world disputes. For example, the articles address the conflicts over headscarf laws in France and Turkey, the place of so-called traditional religions in Africa, the display of Roman Catholic crucifixes in Italian classrooms, and the ability of American religious organizations to be free of employment laws in their treatment of clergy. This volume brings together classic articles which are otherwise difficult to access, enables students to study key articles side-by-side, and provides instructors with a valuable teaching resource."--Provided by publisher.

Religious Freedom in an Egalitarian Age

Author : Nelson Tebbe
Publisher : Harvard University Press
ISBN 13 : 0674974891
Total Pages : 230 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Religious Freedom in an Egalitarian Age by : Nelson Tebbe

Download or read book Religious Freedom in an Egalitarian Age written by Nelson Tebbe and published by Harvard University Press. This book was released on 2017-01-01 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nelson Tebbe shows how a method called social coherence offers a way to resolve conflicts between advocates of religious freedom and proponents of equality law. Based on the way people reason through moral problems in everyday life, it can lead to workable solutions in a wide range of issues, including gay rights and women’s reproductive choice.

Religious Freedom, Religious Discrimination and the Workplace

Author : Lucy Vickers
Publisher : Bloomsbury Publishing
ISBN 13 : 1509902864
Total Pages : 321 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Religious Freedom, Religious Discrimination and the Workplace by : Lucy Vickers

Download or read book Religious Freedom, Religious Discrimination and the Workplace written by Lucy Vickers and published by Bloomsbury Publishing. This book was released on 2016-11-03 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the extent to which religious interests are protected at work, with particular reference to the protection against religious discrimination provided by the Equality Act 2010. It establishes a principled basis for determining the proper scope of religious freedom at work, and considers the interaction of freedom of religion with the right not to be discriminated against on grounds of religion and belief. The book locates the debates surrounding religion and belief equality within a philosophical and theoretical framework in which the importance of freedom of religion and its role within the workplace are fully debated. This second edition is fully revised and updated in the light of recent case law from the UK and the European Court of Human Rights, which deals with religious discrimination and freedom of religion.

Leading Works in Law and Religion

Author : Russell Sandberg
Publisher : Routledge
ISBN 13 : 042968441X
Total Pages : 228 pages
Book Rating : 4.4/5 (296 download)

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Book Synopsis Leading Works in Law and Religion by : Russell Sandberg

Download or read book Leading Works in Law and Religion written by Russell Sandberg and published by Routledge. This book was released on 2018-12-07 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading Works in Law and Religion brings together leading and emerging scholars in the field from the United Kingdom and Ireland. Each contributor has been invited to select and analyse a ‘leading work’, which has for them shed light on the way that Law and Religion are intertwined. The chapters are both autobiographical, reflecting upon the works that have proved significant to contributors, and also critical analyses of the current state of the field, exploring in particular the interdisciplinary potential of the study of Law and Religion. The book also includes a specially written introduction and conclusion, which critically comment upon the development of Law and Religion over the last 25 years and likely future developments in light of the reflections by contributors on their chosen leading works.

Research Handbook on Interdisciplinary Approaches to Law and Religion

Author : Russell Sandberg
Publisher : Edward Elgar Publishing
ISBN 13 : 1784714852
Total Pages : 464 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Research Handbook on Interdisciplinary Approaches to Law and Religion by : Russell Sandberg

Download or read book Research Handbook on Interdisciplinary Approaches to Law and Religion written by Russell Sandberg and published by Edward Elgar Publishing. This book was released on 2019 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following 9/11, increased attention has been given to the place of religion in the public sphere. Across the world, Law and Religion has developed as a sub-discipline and scholars have grappled with the meaning and effect of legal texts upon religion. The questions they ask, however, cannot be answered by reference to Law alone therefore their work has increasingly drawn upon work from other disciplines. This Research Handbook assists by providing introductory but provocative essays from experts on a range of concepts, perspectives and theories from other disciplines, which can be used to further Law and Religion scholarship.

When Human Rights Clash at the European Court of Human Rights

Author : Stijn Smet
Publisher : Oxford University Press
ISBN 13 : 0198795955
Total Pages : 289 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis When Human Rights Clash at the European Court of Human Rights by : Stijn Smet

Download or read book When Human Rights Clash at the European Court of Human Rights written by Stijn Smet and published by Oxford University Press. This book was released on 2017 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The origins of this book are in the symposium '(How) Should the European Court of Human Rights Resolve Conflicts between Human Rights?', organized by the Human Rights Centre of Ghent University on 16 October 2014."--Page v.

Research Handbook on Inequalities and Work

Author : Cynthia Forson
Publisher : Edward Elgar Publishing
ISBN 13 : 1800886608
Total Pages : 593 pages
Book Rating : 4.8/5 (8 download)

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Book Synopsis Research Handbook on Inequalities and Work by : Cynthia Forson

Download or read book Research Handbook on Inequalities and Work written by Cynthia Forson and published by Edward Elgar Publishing. This book was released on 2024-03-14 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: This multidisciplinary, international Research Handbook on Inequalities and Work examines disparities within contemporary working life and comes at a critical juncture of socio-historical change. As the world reels from the impact of economic insecurity, the pandemic, the Black Lives Matter and #MeToo movements, the trans liberation fight, the climate crisis and the rise of Artificial Intelligence, systemic inequalities and their impacts have been thrust into the limelight alongside the ceaseless struggle for social justice. Against this background, the Handbook provides cutting edge research studies that offers unique insight into the international nature of inequalities at work.

A Test of Faith?

Author : Marie-Claire Foblets
Publisher : Routledge
ISBN 13 : 1317186362
Total Pages : 417 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis A Test of Faith? by : Marie-Claire Foblets

Download or read book A Test of Faith? written by Marie-Claire Foblets and published by Routledge. This book was released on 2016-03-16 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Issues of religious diversity in the workplace have become very topical and have been raised before domestic courts and the European Court of Human Rights. Examining the controversial and constantly evolving position of religion in the workplace, this collection brings together chapters by legal and social science scholars and provides a wealth of information on legal responses across Europe, Turkey and the United States to conflicts between professional and religious obligations involving employees and employers. The contributors examine how case law from the European Court of Human Rights, domestic experiences and comparative analyses can indicate trends and reveal established and innovative approaches. This multi-perspective volume will be relevant for legal practitioners, researchers, academics and policy-makers interested in human rights law, discrimination law, labour law and the intersection of law and religion.

Law, Religion, Constitution

Author : W. Cole Durham
Publisher : Routledge
ISBN 13 : 1317107381
Total Pages : 252 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Law, Religion, Constitution by : W. Cole Durham

Download or read book Law, Religion, Constitution written by W. Cole Durham and published by Routledge. This book was released on 2016-04-29 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Constitutional Law, Religion and Equal Liberty

Author : Azin Tadjdini
Publisher : Routledge
ISBN 13 : 0429576587
Total Pages : 146 pages
Book Rating : 4.4/5 (295 download)

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Book Synopsis Constitutional Law, Religion and Equal Liberty by : Azin Tadjdini

Download or read book Constitutional Law, Religion and Equal Liberty written by Azin Tadjdini and published by Routledge. This book was released on 2019-09-19 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the 20th century many countries embarked on a process of constitutional secularization by which the role of religion gradually became limited. Yet, by the late 20th century, and increasingly following the end of the Cold War, this development began to be challenged. This book examines the return of religion in constitutions through the concept of constitutional de-secularization. It places this phenomenon in the context of the constitutional memory of the countries in which it has taken place and critically examines it against the development and standards of constitutionalism, as the prevailing constitutional legal and political theory. Central to this analysis is the impact of constitutional de-secularization on the regulation of equality in liberty, that is, both the regulation of constitutional rights and the scope for equality of those who are granted such rights. The book argues that equal liberty forms an essential part of constitutionalism as a theory, and that constitutionalism therefore entails a continuous development towards expanding it. The first and second part of the book presents a conceptual framework for the study of constitutional de-secularization. The third part presents and analyses three cases of constitutional de-secularization in Afghanistan, Iran and Iraq. The book will be of interest to researchers and policy-makers interested in constitutional history and theory, and the role of religion in law and its compatibility with human rights.

Free Exercise of Religion and the United States Constitution

Author : Mark P. Strasser
Publisher : Routledge
ISBN 13 : 1351258540
Total Pages : 348 pages
Book Rating : 4.3/5 (512 download)

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Book Synopsis Free Exercise of Religion and the United States Constitution by : Mark P. Strasser

Download or read book Free Exercise of Religion and the United States Constitution written by Mark P. Strasser and published by Routledge. This book was released on 2018-02-28 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States is extremely diverse religiously and, not infrequently, individuals sincerely contend that they are unable to act in accord with law as a matter of conscience. The First Amendment to the United States Constitution protects the free exercise of religion and the United States Supreme Court has issued many decisions exploring the depth and breadth of those protections. This book addresses the Court’s free exercise jurisprudence, discussing what counts as religion and the protections that have been afforded to a variety of religious practices. Regrettably, the Court has not offered a principled and consistent account of which religious practices are protected or even how to decide whether a particular practice is protected, which has resulted in similar cases being treated dissimilarly. Further, the Court’s free exercise jurisprudence has been used to provide guidance in interpreting federal statutory protections, which is making matters even more chaotic. This book attempts to clarify what the Court has said in the hopes that it will contribute to the development of a more consistent and principled jurisprudence that respects the rights of the religious and the non-religious.

The Ultimate Rule of Law

Author : David M. Beatty
Publisher : Oxford University Press, USA
ISBN 13 : 9780199269808
Total Pages : 228 pages
Book Rating : 4.2/5 (698 download)

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Book Synopsis The Ultimate Rule of Law by : David M. Beatty

Download or read book The Ultimate Rule of Law written by David M. Beatty and published by Oxford University Press, USA. This book was released on 2004 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Ultimate Rule of Law addresses the age-old tension between law and politics by examining whether the personal beliefs of judges come into play in adjudicating on issues of religious freedom, sex discrimination, and social and economic rights. Decisions by the Supreme Courts of India, Japan, Canada, the United States, Ireland, Israel, the Constitutional Courts of Germany, Hungary, South Africa, and the European Court of Human Rights on such controversial issues as government funding of religious schools, abortion, same sex marriages, women in the military, and rights to basic shelter and life saving medical treatment are evaluated and compared. Beatty develops a radical alternative to the conventional view that in deciding these cases judges engage in an essentially interpretative, and thus subjective act, relying ultimately on their personal beliefs and political opinions. His analysis shows that it is possible to apply an impartial and objective method of judicial review, based on the principle of proportionality, which acts as an ultimate rule of law and is fully compatible with the ideals of democracy and popular sovereignty. Controversially, Beatty concludes that although this method of judicial review originated in the United States, American judges generally appear to be far less inclined to this conception of constitutional adjudication than their counterparts in Europe, Africa, and Asia.

The Conscience Wars

Author : Susanna Mancini
Publisher : Cambridge University Press
ISBN 13 : 1316805395
Total Pages : 516 pages
Book Rating : 4.3/5 (168 download)

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Book Synopsis The Conscience Wars by : Susanna Mancini

Download or read book The Conscience Wars written by Susanna Mancini and published by Cambridge University Press. This book was released on 2018-05-31 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this work, Professors Rosenfeld and Mancini have brought together an impressive group of authors to provide a comprehensive analysis on the greater demand for religions exemptions to government mandates. Traditional religious conscientious objection cases, such as refusal to salute the flag or to serve in the military during war, had a diffused effect throughout society. In sharp contrast, these authors argue that today's most notorious objections impinge on the rights of others, targeting practices like abortion, LGTBQ adoption, and same-sex marriage. The dramatic expansion of conscientious objection claims have revolutionized the battle between religious traditionalists and secular civil libertarians, raising novel political, legal, constitutional and philosophical challenges. Highlighting the intersection between conscientious objections, religious liberty, and the equality of women and sexual minorities, this volume showcases this political debate and the principal jurisprudence from different parts of the world and emphasizes the little known international social movements that compete globally to alter the debate's terms.