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Religious Freedom And The Law
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Book Synopsis Religious Freedom and the Law by : Brett G. Scharffs
Download or read book Religious Freedom and the Law written by Brett G. Scharffs and published by Routledge. This book was released on 2018-08-06 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Religious Freedom Under the Personal Law System by : Farrah Ahmed
Download or read book Religious Freedom Under the Personal Law System written by Farrah Ahmed and published by Oxford University Press, USA. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The personal law system is hugely controversial and the subject of fierce debates. This book addresses a vital issue that has received inadequate attention in these debates: the impact of the personal law system on religious freedom. Drawing on scholarship on the legal reform of the personal law system, as well as philosophical literature on multiculturalism, autonomy, and religious freedom, this book persuasively argues that the personal law system harms religious freedom. Several reform proposals are considered, including modifications of the personal law system, a move towards a millet system, internal reform of individual personal laws, the introduction of a Uniform Civil Code, and a move towards religious alternative dispute resolution. This book will be of significant interest to students and scholars of law, politics, and gender studies, as well as lawyers and policymakers across jurisdictions interested in multiculturalism, particularly contemporary debates on the legal accommodation of religious and cultural norms.
Book Synopsis The Impossibility of Religious Freedom by : Winnifred Fallers Sullivan
Download or read book The Impossibility of Religious Freedom written by Winnifred Fallers Sullivan and published by Princeton University Press. This book was released on 2018-04-24 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Right to Religious Freedom in International Law by : Anat Scolnicov
Download or read book The Right to Religious Freedom in International Law written by Anat Scolnicov and published by Routledge. This book was released on 2010-10-18 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Religious Freedom and the Constitution by : Christopher L. Eisgruber
Download or read book Religious Freedom and the Constitution written by Christopher L. Eisgruber and published by Harvard University Press. This book was released on 2010-04-10 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Myth of American Religious Freedom by : David Sehat
Download or read book The Myth of American Religious Freedom written by David Sehat and published by Oxford University Press. This book was released on 2011-01-14 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the battles over religion and politics in America, both liberals and conservatives often appeal to history. Liberals claim that the Founders separated church and state. But for much of American history, David Sehat writes, Protestant Christianity was intimately intertwined with the state. Yet the past was not the Christian utopia that conservatives imagine either. Instead, a Protestant moral establishment prevailed, using government power to punish free thinkers and religious dissidents. In The Myth of American Religious Freedom, Sehat provides an eye-opening history of religion in public life, overturning our most cherished myths. Originally, the First Amendment applied only to the federal government, which had limited authority. The Protestant moral establishment ruled on the state level. Using moral laws to uphold religious power, religious partisans enforced a moral and religious orthodoxy against Catholics, Jews, Mormons, agnostics, and others. Not until 1940 did the U.S. Supreme Court extend the First Amendment to the states. As the Supreme Court began to dismantle the connections between religion and government, Sehat argues, religious conservatives mobilized to maintain their power and began the culture wars of the last fifty years. To trace the rise and fall of this Protestant establishment, Sehat focuses on a series of dissenters--abolitionist William Lloyd Garrison, suffragist Elizabeth Cady Stanton, socialist Eugene V. Debs, and many others. Shattering myths held by both the left and right, David Sehat forces us to rethink some of our most deeply held beliefs. By showing the bad history used on both sides, he denies partisans a safe refuge with the Founders.
Author :Pasquale Annicchino Publisher :ICLARS Series on Law and Religion ISBN 13 :9780367886097 Total Pages :116 pages Book Rating :4.8/5 (86 download)
Book Synopsis Law and International Religious Freedom by : Pasquale Annicchino
Download or read book Law and International Religious Freedom written by Pasquale Annicchino and published by ICLARS Series on Law and Religion. This book was released on 2019-12-12 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Right of the Child to Religious Freedom in International Law by : Sylvie Langlaude
Download or read book The Right of the Child to Religious Freedom in International Law written by Sylvie Langlaude and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religious children -- A model of the right of the child to religious freedom -- The ICCPR -- The UNCRC -- The special rapporteur -- The ECHR
Book Synopsis Law, Religion, and Freedom by : W. Cole Durham Jr
Download or read book Law, Religion, and Freedom written by W. Cole Durham Jr and published by Routledge. This book was released on 2022-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines major conceptual challenges confronting freedom of religion or belief in contemporary settings. It will be a valuable resource for students, academics, and policy-makers with an interest in law, religion, and human rights.
Book Synopsis The Tragedy of Religious Freedom by : Marc O. DeGirolami
Download or read book The Tragedy of Religious Freedom written by Marc O. DeGirolami and published by Harvard University Press. This book was released on 2013-06-10 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Freedom of Religion and the Secular State by : Russell Blackford
Download or read book Freedom of Religion and the Secular State written by Russell Blackford and published by John Wiley & Sons. This book was released on 2012-02-07 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Politics of Religious Freedom by : Winnifred Fallers Sullivan
Download or read book Politics of Religious Freedom written by Winnifred Fallers Sullivan and published by University of Chicago Press. This book was released on 2015-07-22 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religious freedom has achieved broad consensus as a condition for peace. Faced with reports of a rise in religious violence and a host of other social ills, public, and private actors have responded with laws and policies designed to promote freedom of religion. But what precisely is being promoted? What are the assumptions underlying this response? The contributions to this volume unsettle the assumption that religious freedom is a singular achievement and that the problem lies in its incomplete accomplishment. Delineating the different conceptions of religious freedom predominant in the world today, as well as their histories and political contexts, the contributions make clear that the reasons for violence and discrimination are more complex than is widely acknowledged. The promotion of a single legal and cultural tool meant to address conflict across a wide variety of cultures can have the perverse effect of exacerbating the problems that plague the communities often cited as falling short. -- from back cover.
Book Synopsis Religions, Rights and Laws by : Anthony Bradney
Download or read book Religions, Rights and Laws written by Anthony Bradney and published by Burns & Oates. This book was released on 1993 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central concern of this book is the interaction between the idea of religious freedom and the regulation of a modern state by laws. Hence it primarily addresses the structure of and reasons for the legal order rather than describing legal rules. It is a book about law rather than a mere law book. The author begins by examining the nature of religion, the differences between religious and secular philosophies and existing notions of rights. In Part 2 he illustrates the relationship between legal rules and religion by means of case studies: the laws applying the conscientious objection to trade union membership, religious education in schools, Sunday trading, religious slaughter, charities and blasphemy. Part 3 ponders the links between freedom of belief and freedom of practice, discusses the idea of legislation against religious discrimination and concludes with a discussion of the prospects for religious freedom under the law. Although practising and academic lawyers will obviously find this book useful, it will also be valued by students and teachers of religious studies, sociologists and philosophers.
Book Synopsis Natural Law and Religious Freedom by : J. Daryl Charles
Download or read book Natural Law and Religious Freedom written by J. Daryl Charles and published by Routledge. This book was released on 2017-07-20 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every successive generation finds fresh reasons for the study of natural law. Current interest in the natural law may well be due to a pervasive moral pessimism in the Western cultural context and wider contemporary geopolitical challenges. Those geopolitical challenges result from two significant and worrisome global developments – unprecedented violent persecution of religious minorities on several continents and a growing climate of secular hostility toward religious faith in Western societies. Natural Law and Religious Freedom aims to address what is relatively absent from the literature by demonstrating the importance of natural law ethics in both establishing and preserving basic human rights, of which religious freedom has pride of place. Probing contemporary challenges to natural law thinking that are both internal and external to religious faith, and examining the character and constitution of natural law ethics, Natural Law and Religious Freedom will be of interest to theologians, ethicists and philosophers as well as policy analysts, politicians and activists who are concerned to anchor religious freedom and human rights policy considerations in an enduring way.
Book Synopsis The Impossibility of Religious Freedom by : Winnifred Fallers Sullivan
Download or read book The Impossibility of Religious Freedom written by Winnifred Fallers Sullivan and published by Princeton University Press. This book was released on 2018-04-24 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Freedom of Religion Or Belief by : Heiner Bielefeldt
Download or read book Freedom of Religion Or Belief written by Heiner Bielefeldt and published by Oxford University Press. This book was released on 2016 with total page 701 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Freedom of Religious or Belief: An International Law Commentary is the first commentary to look comprehensively at the international provisions for the protection of freedom of religion or belief, considering how they are interpreted by various United Nations Special Procedures and Treaty Bodies." -- Back cover.
Book Synopsis Law, Religion, and Freedom by : W. Cole Durham, Jr.
Download or read book Law, Religion, and Freedom written by W. Cole Durham, Jr. and published by Routledge. This book was released on 2021-02-22 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
