Religion, Law, and the Land

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Publisher : Bloomsbury Publishing USA
ISBN 13 : 031300336X
Total Pages : 209 pages
Book Rating : 4.3/5 (13 download)

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Book Synopsis Religion, Law, and the Land by : Brian E. Brown

Download or read book Religion, Law, and the Land written by Brian E. Brown and published by Bloomsbury Publishing USA. This book was released on 1999-11-30 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining a series of court decisions made during the 1980s regarding the legal claims of several Native American tribes who attempted to protect ancestrally revered lands from development schemes by the federal government, this book looks at important questions raised about the religious status of land. The tribes used the First Amendment right of free exercise of religion as the basis of their claim, since governmental action threatened to alter the land which served as the primordial sacred reality without which their derivative religious practices would be meaningless. Brown argues that a constricted notion of religion on the part of the courts, combined with a pervasive cultural predisposition towards land as private property, marred the Constitutional analysis of the courts to deprive the Native American plaintiffs of religious liberty. Brown looks at four cases, which raised the issue at the federal district and appellate court levels, centered on lands in Tennessee, Utah, South Dakota, and Arizona; then it considers a fifth case regarding land in northwestern California, which ultimately went to the U.S. Supreme Court. In all cases, the author identifies serious deficiencies in the judicial evaluations. The lower courts applied a conception of religion as a set of beliefs and practices that are discrete and essentially separate from land, thus distorting and devaluing the fundamental basis of the tribal claims. It was this reductive fixation of land as property, implicit in the rulings of the first four cases, that became explicitly sanctioned and codified in the Supreme Court's decision in Lyng v. Northwest Indian Cemetery Protective Association of 1988. In reaching such a position, the Supreme Court injudiciously engaged in a policy determination to protect government land holdings, and did so through a shocking repudiation of its own long established jurisprudential procedure in cases concerning the free exercise of religion.

Worship and Wilderness

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Publisher : Univ of Wisconsin Press
ISBN 13 : 0299180832
Total Pages : 352 pages
Book Rating : 4.2/5 (991 download)

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Book Synopsis Worship and Wilderness by : Lloyd Burton

Download or read book Worship and Wilderness written by Lloyd Burton and published by Univ of Wisconsin Press. This book was released on 2002-12-05 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Questions about land use, conservation, and preservation—already so perplexing and contentious—take on a new complexity and greater urgency when the land in question is understood as sacred. This is a view increasingly held, as adherents of mainstream religions come to recognize what indigenous peoples knew centuries ago—that the sacred inheres in nature itself. What such a trend means and how it involves the forces of culture, religion, and constitutional law (especially First Amendment clauses concerning the free exercise of religion) are considered with a remarkable breadth and depth of understanding in this important new work. Drawing on case studies of national parks and monuments, national forests, and other public lands and resources, Lloyd Burton gives a clear and comprehensive account of how the intertwining influences of culture, religion, and law have affected the management of public lands and resources in the recent past and how they may do so in the future. In a unique and unprecedented way, his book weaves together teachings on nature and the sacred among indigenous and immigrant culture groups in the United States; the relevant constitutional history of religion and government action; and analysis of contemporary conflicts over culture, religion, and public lands management. As such, Worship and Wilderness is essential reading not only for public land managers and environmental policy makers but also for anyone interested in the growing significance of religious interests in the use of resources that constitute our national commons and our common natural heritage.

Religious Property Disputes and the Law

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Publisher :
ISBN 13 : 9781641059657
Total Pages : pages
Book Rating : 4.0/5 (596 download)

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Book Synopsis Religious Property Disputes and the Law by : Daniel P. Dalton

Download or read book Religious Property Disputes and the Law written by Daniel P. Dalton and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book on religious property law covers three narrow issues of religious property disputes: (1) the local church versus a denomination over the ownership of land and real property when the church leaves the denomination, (2) the ownership of religious property within an independent church, and (3) the religious entity versus a local community engaged in a land use and zoning dispute"--

RLUIPA Reader

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Publisher : American Bar Association
ISBN 13 : 9781604423587
Total Pages : 210 pages
Book Rating : 4.4/5 (235 download)

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Book Synopsis RLUIPA Reader by : Michael S. Giaimo

Download or read book RLUIPA Reader written by Michael S. Giaimo and published by American Bar Association. This book was released on 2009 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a general background of RLUIPA (Religious Land Use and Institionalized Persons Act) so that the reader understands the context in which RLUIPA was passed by Congress in 2000, as well as a very practical discussion about RLUIPA litigation from the perspective of the church and the perspective of the community. The book offers information and advice on initiating a RLUIPA lawsuit, as well as defending against a RLUIPA lawsuit.

Religion, Law, USA

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Publisher : NYU Press
ISBN 13 : 1479891398
Total Pages : 318 pages
Book Rating : 4.4/5 (798 download)

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Book Synopsis Religion, Law, USA by : Isaac Weiner

Download or read book Religion, Law, USA written by Isaac Weiner and published by NYU Press. This book was released on 2019-07-02 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers insight into the complex relationship between religion and law in contemporary America Why religion? Why law? Why now? In recent years, the United States has witnessed a number of high-profile court cases involving religion, forcing Americans to grapple with questions regarding the relationship between religion and law. This volume maps the contemporary interplay of religion and law within the study of American religions. What rights are protected by the Constitution’s free exercise clause? What are the boundaries of religion, and what is the constitutional basis for protecting some religious beliefs but not others? What characterizes a religious-studies approach to religion and law today? What is gained by approaching law from the vantage point of religious studies, and what does attention to the law offer back to scholars of religion? Religion, Law, USA considers all these questions and more. Each chapter considers a specific keyword in the study of religion and law, such as “conscience,” “establishment,” “secularity,” and “personhood.” Contributors consider specific case studies related to each term, and then expand their analyses to discuss broader implications for the practice and study of American religion. Incorporating pieces from leading voices in the field, this book is an indispensable addition to the scholarship on religion and law in America.

Religion, Law and Security in Africa

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Publisher : AFRICAN SUN MeDIA
ISBN 13 : 1928314422
Total Pages : 426 pages
Book Rating : 4.9/5 (283 download)

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Book Synopsis Religion, Law and Security in Africa by : M Christian Green

Download or read book Religion, Law and Security in Africa written by M Christian Green and published by AFRICAN SUN MeDIA. This book was released on 2018-05-16 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: Security is a key topic of our time. But how do we understand it? Do law and religion take different views of it? In this fifth volume in the Law and Religion in Africa series, radicalisation, terrorism, blasphemy, hate speech, religious freedom and just war theories rub shoulders with issues of witchcraft, female genital mutilation circumcision, child marriage, displaced communities and additional issues besides. This unique collection of topics is both challenging and inspiring, providing illumination in troubled times, and forming a sound foundation for future scholarship.

Religion and the State in American Law

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Publisher : Cambridge University Press
ISBN 13 : 1107071828
Total Pages : 1001 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Religion and the State in American Law by : Boris I. Bittker

Download or read book Religion and the State in American Law written by Boris I. Bittker and published by Cambridge University Press. This book was released on 2015-10-06 with total page 1001 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive overview of religion and government in the United States, providing historical context to contemporary issues.

We Have a Religion

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Publisher : Univ of North Carolina Press
ISBN 13 : 0807832626
Total Pages : 357 pages
Book Rating : 4.8/5 (78 download)

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Book Synopsis We Have a Religion by : Tisa Joy Wenger

Download or read book We Have a Religion written by Tisa Joy Wenger and published by Univ of North Carolina Press. This book was released on 2009 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: For Native Americans, religious freedom has been an elusive goal. From nineteenth-century bans on indigenous ceremonial practices to twenty-first-century legal battles over sacred lands, peyote use, and hunting practices, the U.S. government has often act

God vs. the Gavel

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Publisher : Cambridge University Press
ISBN 13 : 1139445030
Total Pages : 430 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis God vs. the Gavel by : Marci A. Hamilton

Download or read book God vs. the Gavel written by Marci A. Hamilton and published by Cambridge University Press. This book was released on 2005-05-30 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: God vs. the Gavel challenges the pervasive assumption that all religious conduct deserves constitutional protection. While religious conduct provides many benefits to society, it is not always benign. The thesis of the book is that anyone who harms another person should be governed by the laws that govern everyone else - and truth be told, religion is capable of great harm. This may not sound like a radical proposition, but it has been under assault since the 1960s. The majority of academics and many religious organizations would construct a fortress around religious conduct that would make it extremely difficult to prosecute child abuse by clergy, medical neglect of children by faith-healers, and other socially unacceptable behaviors. This book intends to change the course of the public debate over religion by bringing to the public's attention the tactics of religious entities to avoid the law and therefore harm others.

Religion, Law and the Constitution

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Author :
Publisher : Routledge
ISBN 13 : 1317560744
Total Pages : 498 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis Religion, Law and the Constitution by : Javier García Oliva

Download or read book Religion, Law and the Constitution written by Javier García Oliva and published by Routledge. This book was released on 2017-08-10 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the existing constitutional and legal system in England, Wales and Scotland, through the prism of its treatment of religion and belief. The study encompasses questions of Church/state relations, but pushes far beyond these. It asks whether the approach to religion which has spread out from establishment to permeate the whole legal framework is a cause of concern or celebration in relation to individual and collective freedoms. The primary focus of the work is the synergy between the religious dimension of the juridical system and the fundamental pillars of the Constitution (parliamentary sovereignty, the rule of law, separation of powers and human rights). Javier García Oliva and Helen Hall challenge the view that separation between public and religious authorities is the most conducive means of nurturing a free and democratic society in modern Britain. The authors explore whether, counter-intuitively for some, the religious dynamic to the legal system actually operates to safeguard liberties, and has a role in generating an inclusive and adaptable backdrop for our collective life. They suggest that the present paradigm brings benefits for citizens of all shades of religious belief and opinion (including Atheist and Humanist perspectives), as well as secondary advantages for those with profound beliefs on non-religious matters, such as pacifism and veganism. In support of their contentions, García Oliva and Hall examine how the religious dimension of the legal framework operates to further essential constitutional principles in diverse settings, ranging from criminal to family law. In a groundbreaking move, the authors also set the legal discussion alongside its social and cultural context. They consider how the theological perspectives of the larger faith traditions might influence members’ ideas around the key constitutional precepts, and they include extracts from interviews which give the personal perspective of more than 100 individuals on contemporary issues of law and religious freedom. These voices are drawn from a range of fields and positions on faith. While the authors are at pains to stress that these sections do not support or advance their legal or theological conclusions, they do provide readers with a human backdrop to the discussion, and demonstrate its crucial importance in twenty-first century Britain.

Religion, Law, USA

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Author :
Publisher : NYU Press
ISBN 13 : 1479812889
Total Pages : pages
Book Rating : 4.4/5 (798 download)

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Book Synopsis Religion, Law, USA by : Isaac Weiner

Download or read book Religion, Law, USA written by Isaac Weiner and published by NYU Press. This book was released on 2019-07-02 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers insight into the complex relationship between religion and law in contemporary America Why religion? Why law? Why now? In recent years, the United States has witnessed a number of high-profile court cases involving religion, forcing Americans to grapple with questions regarding the relationship between religion and law. This volume maps the contemporary interplay of religion and law within the study of American religions. What rights are protected by the Constitution’s free exercise clause? What are the boundaries of religion, and what is the constitutional basis for protecting some religious beliefs but not others? What characterizes a religious-studies approach to religion and law today? What is gained by approaching law from the vantage point of religious studies, and what does attention to the law offer back to scholars of religion? Religion, Law, USA considers all these questions and more. Each chapter considers a specific keyword in the study of religion and law, such as “conscience,” “establishment,” “secularity,” and “personhood.” Contributors consider specific case studies related to each term, and then expand their analyses to discuss broader implications for the practice and study of American religion. Incorporating pieces from leading voices in the field, this book is an indispensable addition to the scholarship on religion and law in America.

Law and Religion in Contemporary Society

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Publisher : Routledge
ISBN 13 :
Total Pages : 232 pages
Book Rating : 4.X/5 (4 download)

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Book Synopsis Law and Religion in Contemporary Society by : Peter W. Edge

Download or read book Law and Religion in Contemporary Society written by Peter W. Edge and published by Routledge. This book was released on 2000 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work enriches the analysis of law and religion in society by emphasising a dimension involving the relationship between religious communities and religious individuals.

Gender, Religion, and Family Law

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Publisher : UPNE
ISBN 13 : 1611683270
Total Pages : 346 pages
Book Rating : 4.6/5 (116 download)

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Book Synopsis Gender, Religion, and Family Law by : Lisa Fishbayn Joffe

Download or read book Gender, Religion, and Family Law written by Lisa Fishbayn Joffe and published by UPNE. This book was released on 2013 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Groundbreaking theoretical and legal approaches to resolving conflicts between gender equality and cultural practices

International Law and Religion

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Publisher : Oxford University Press
ISBN 13 : 019880587X
Total Pages : 481 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis International Law and Religion by : Martti Koskenniemi

Download or read book International Law and Religion written by Martti Koskenniemi and published by Oxford University Press. This book was released on 2017 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: This books maps out the territory of international law and religion challenging receiving traditions in fundamental aspects. On the one hand, the connection of international law and religion has been little explored. On the other, most of current research on international legal thought presents international law as the very victory of secularization. By questioning that narrative of secularization this book approaches these traditions from a new perspective. From the Middle Ages' early conceptualizations of rights and law to contemporary political theory, the chapters bring to life debates concerning the interaction of the meaning of the legal and the sacred. The contributors approach their chapters from an array of different backgrounds and perspectives but with the common objective of investigating the mutually shaping relationship of religion and law. The collaborative endeavour that this volume offers makes available substantial knowledge on the question of international law and religion --Front flap.

The Ancient City a Study on the Religion, Laws, and Institutions of Greece and Rome

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Publisher : BoD – Books on Demand
ISBN 13 : 3385419808
Total Pages : 534 pages
Book Rating : 4.3/5 (854 download)

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Book Synopsis The Ancient City a Study on the Religion, Laws, and Institutions of Greece and Rome by : Fustel de Coulanges

Download or read book The Ancient City a Study on the Religion, Laws, and Institutions of Greece and Rome written by Fustel de Coulanges and published by BoD – Books on Demand. This book was released on 2024-04-11 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the original, first published in 1882.

Law and Religion

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Publisher : Aspen Publishing
ISBN 13 : 1543807038
Total Pages : 1015 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Law and Religion by : W. Cole Durham Jr.

Download or read book Law and Religion written by W. Cole Durham Jr. and published by Aspen Publishing. This book was released on 2019-02-01 with total page 1015 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering extensive international and comparative law materials, as well as discussion of key United States First Amendment cases, international experts Durham and Scharffs bring vision and scope to the study of Law and Religion. The text and its continually updated online Supplement support courses on Law and Religion, Church and State, International Human Rights, Comparative Constitutional Law, and First Amendment. New to the Second Edition: ¿ National: Recent U.S. court cases and legislative moves dealing with religion in conflict with anti- discrimination norms, including immigration; same-sex marriage; and conscientious objection by religious organizations, government officials, pharmacies, businesses (including “wedding vendors”) to providing products, services, and insurance benefits in violation of religious beliefs ¿ International: Landmark religion cases in Canada, Europe, and Asia involving such issues as women’s rights, law school accreditation, display of religious symbols and wearing of face coverings in public (including schools); persecution of religious minorities, including prosecution for blasphemy; discussion of new levels of and responses to religious extremism ¿ Comparative: Discussions across multiple jurisdictions of such issues as education, tax, government regulation of religion, and women’s issues, such as genital cutting (worldwide, including U.S.) and divorce (“triple talaq” in India, Shari’a arbitration in Canada, and Shari’a councils in the U.K.) Professors and students will benefit from: ¿ Traditional law and religion course coverage of U.S. materials, including the major Free Exercise and Establishment Clause cases ¿ Comparative law cases and materials reflecting more than fifty countries and regions, and which include corporal punishment; compelled patriotic observances; state funding of religions; autonomy of religious organizations to choose personnel and provide services; conscientious objection in the military and in personal, employment, and educational settings; parameters of speech regulation, including hate speech and speech that offends religious sensibilities; anti- conversion laws; the rights of women in tension with religious claims of exclusion and divorce practices; and much more ¿ International law materials, including: o Key international and regional human rights instruments; 87 cases from the European Court of Human Rights; and key decisions of the Court of Justice of the European Union and the United Nations Human Rights Committee o Cases covering issues such as the right to register religious associations; headscarves and face coverings; religious slaughter for kosher and halal foods; exemptions from church taxes; conscientious objection; proselytizing; religious oaths; church autonomy; religious education; and conflicts arising between religious freedom and other human rights (e.g., women's rights, rights of indigenous peoples, sexual minorities, and children's rights) o Responses from inside and outside the Muslim world to the rise of violent Islamist extremism ¿ Islamic, Christian, Jewish, Hindu, Buddhist, and other perspectives on freedom of religion, touching on defamation of religion; the new constitution of Iraq; religious political parties in Turkey; the definition of being Jewish for rights of citizenship in Israel; the right of Muslim and Hindu women to enter sacred space in India; death sentences and extra-judicial lynching for perceived violation of blasphemy laws in Pakistan; and reactions of governments, including the government of Russia, to perceived religious extremism

Magna Carta, Religion and the Rule of Law

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Publisher : Cambridge University Press
ISBN 13 : 1107100194
Total Pages : 433 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Magna Carta, Religion and the Rule of Law by : Robin Griffith-Jones

Download or read book Magna Carta, Religion and the Rule of Law written by Robin Griffith-Jones and published by Cambridge University Press. This book was released on 2015-04-23 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: "On a glorious sunny Saturday in June 2014, we had the pleasure of convening a conference in the Temple, the beating heart of legal London, under the title 'Magna Carta, Religion and the Rule of Law' focusing on the powerful narratives - then and now - of faith and governance. We had in mind a modest gathering, and thus we were delighted that in excess of two hundred people chose to attend"--