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Religious Freedom And The Neutrality Of The State
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Book Synopsis Religious Freedom and the Neutrality of the State by : W. A. R. Shadid
Download or read book Religious Freedom and the Neutrality of the State written by W. A. R. Shadid and published by Peeters Publishers. This book was released on 2002 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: The permanent presence of Islam and Muslims is a comparatively recent phenomenon in most countries of the European Union. Over the last few decades many initiatives have been launched by Muslim communities in the European Union to create infrastructural provisions for their religious life, within the existing legal and social frameworks. In fact, all countries of the European Union share the principles of religious freedom and non-discrimination in their respective Constitutions. However, the precise way in which these principles are interpreted and applied to Islam depends largely on the historical traditions concerning the relation between State and Religion, which differ from one country to another. These differences are reflected in recent developments in the communication between the States and their Muslim communities, both at national, regional and municipal levels. They are also reflected in recent developments in legislation and jurisprudence concerning the most essential Islamic core-values, such as dietary laws, the precepts on modest dress, Islamic burial practices and the possibilities to found Islamic cemeteries, as well as the observance of Friday prayers and annual holidays. Looking at the legal position of Islam in the countries of the European Union, the authors of this volume discuss the challenges posed by the presence of Islam to the Western European system of relationships between law and religion. They argue, that these challenges necessitate reforms within the relevant European legislation, but differ as to their precise nature. They also discuss the difficulties of this task, as these adjustments will alter a longstanding balance of rights and privileges recognised by different religious denominations. Legal reforms, however, are not sufficient. The creation of a truly multicultural Europe also necessitates fighting against the negative image of Islam and Muslims (anti-Muslimism or Islamophobia) prevailing in most of its member states.
Book Synopsis State Neutrality by : Kerry O'Halloran
Download or read book State Neutrality written by Kerry O'Halloran and published by Cambridge University Press. This book was released on 2021-01-21 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: O'Halloran provides a comparative evaluation of contemporary law as it relates to religion in six developed nations.
Book Synopsis When Free Exercise and Nonestablishment Conflict by : Kent Greenawalt
Download or read book When Free Exercise and Nonestablishment Conflict written by Kent Greenawalt and published by Harvard University Press. This book was released on 2017-06-19 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: The First Amendment to the United States Constitution begins: “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.” Taken as a whole, this statement has the aim of separating church and state, but tensions can emerge between its two elements—the so-called Nonestablishment Clause and the Free Exercise Clause—and the values that lie beneath them. If the government controls (or is controlled by) a single church and suppresses other religions, the dominant church’s “establishment” interferes with free exercise. In this respect, the First Amendment’s clauses coalesce to protect freedom of religion. But Kent Greenawalt sets out a variety of situations in which the clauses seem to point in opposite directions. Are ceremonial prayers in government offices a matter of free exercise or a form of establishment? Should the state provide assistance to religious private schools? Should parole boards take prisoners’ religious convictions into account? Should officials act on public reason alone, leaving religious beliefs out of political decisions? In circumstances like these, what counts as appropriate treatment of religion, and what is misguided? When Free Exercise and Nonestablishment Conflict offers an accessible but sophisticated exploration of these conflicts. It explains how disputes have been adjudicated to date and suggests how they might be better resolved in the future. Not only does Greenawalt consider what courts should decide but also how officials and citizens should take the First Amendment’s conflicting values into account.
Book Synopsis Church, State, and Freedom by : Leo Pfeffer
Download or read book Church, State, and Freedom written by Leo Pfeffer and published by Wipf and Stock Publishers. This book was released on 2018-05-02 with total page 849 pages. Available in PDF, EPUB and Kindle. Book excerpt: “I believe that complete separation of church and state is one of those miraculous things which can be best for religion and best for the state, and the best for those who are religious and those who are not religious.” – Leo Pfeffer Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof. These sixteen words epitomize a radical experiment unique in human history . . . It is the purpose of this book to examine how this experiment came to be made, what are the implications and consequences of its application to democratic living in America today, and what are the forces seeking to frustrate and defeat that experiment. (From the Foreword)
Book Synopsis Defending American Religious Neutrality by : Andrew Koppelman
Download or read book Defending American Religious Neutrality written by Andrew Koppelman and published by Harvard University Press. This book was released on 2013-01-01 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although it is often charged with hostility toward religion, First Amendment doctrine in fact treats religion as a distinctive human good. It insists, however, that this good be understood abstractly, without the state taking sides on any theological question. Here, a leading scholar of constitutional law explains the logic of this uniquely American form of neutrality—more religion-centered than liberal theorists propose, and less overtly theistic than conservatives advocate. The First Amendment’s guarantee of freedom of religion is under threat. Growing numbers of critics, including a near-majority of the Supreme Court, seem ready to cast aside the ideal of American religious neutrality. Andrew Koppelman defends that ideal and explains why protecting religion from political manipulation is imperative in an America of growing religious diversity. Understanding American religious neutrality, Koppelman shows, can explain some familiar puzzles. How can Bible reading in public schools be impermissible while legislative sessions begin with prayers, Christmas is an official holiday, and the words “under God” appear in the Pledge of Allegiance? Are faith-based social services, public financing of religious schools, or the teaching of intelligent design constitutional? Combining legal, historical, and philosophical analysis, Koppelman shows how law coherently navigates these conundrums. He explains why laws must have a secular legislative purpose, why old, but not new, ceremonial acknowledgments of religion are permitted, and why it is fair to give religion special treatment.
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 Secularism and Freedom of Conscience by : Jocelyn Maclure
Download or read book Secularism and Freedom of Conscience written by Jocelyn Maclure and published by Harvard University Press. This book was released on 2011-10-24 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: Secularism: the definition of this word is as practical and urgent as income inequalities or the paths to sustainable development. In this wide-ranging analysis, Jocelyn Maclure and Charles Taylor provide a clearly reasoned, articulate account of the two main principles of secularism—equal respect, and freedom of conscience—and its two operative modes—separation of Church (or mosque or temple) and State, and State neutrality vis-à-vis religions. But more crucially, they make the powerful argument that in our ever more religiously diverse, politically interconnected world, secularism, properly understood, may offer the only path to religious and philosophical freedom. Secularism and Freedom of Conscience grew out of a very real problem—Quebec’s need for guidelines to balance the equal respect due to all citizens with the right to religious freedom. But the authors go further, rethinking secularism in light of other critical issues of our time. The relationship between religious beliefs and deeply-held secular convictions, the scope of the free exercise of religion, and the place of religion in the public sphere are aspects of the larger challenge Maclure and Taylor address: how to manage moral and religious diversity in a free society. Secularism, they show, is essential to any liberal democracy in which citizens adhere to a plurality of conceptions of what gives meaning and direction to human life. The working model the authors construct in this nuanced account is capacious enough to accommodate difference and freedom of conscience, while holding out hope for a world in which diversity no longer divides us.
Book Synopsis Toward Benevolent Neutrality by : Robert Thomas Miller
Download or read book Toward Benevolent Neutrality written by Robert Thomas Miller and published by Baylor University Press. This book was released on 1996 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: Also included are essays interpreting the historical background and legal issues involved in each case, beginning with the principal events leading to the adoption of the First Amendment.
Book Synopsis Religion, Secularism, and Constitutional Democracy by : Jean L. Cohen
Download or read book Religion, Secularism, and Constitutional Democracy written by Jean L. Cohen and published by Columbia University Press. This book was released on 2015-12-22 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Polarization between political religionists and militant secularists on both sides of the Atlantic is on the rise. Critically engaging with traditional secularism and religious accommodationism, this collection introduces a constitutional secularism that robustly meets contemporary challenges. It identifies which connections between religion and the state are compatible with the liberal, republican, and democratic principles of constitutional democracy and assesses the success of their implementation in the birthplace of political secularism: the United States and Western Europe. Approaching this issue from philosophical, legal, historical, political, and sociological perspectives, the contributors wage a thorough defense of their project's theoretical and institutional legitimacy. Their work brings fresh insight to debates over the balance of human rights and religious freedom, the proper definition of a nonestablishment norm, and the relationship between sovereignty and legal pluralism. They discuss the genealogy of and tensions involving international legal rights to religious freedom, religious symbols in public spaces, religious arguments in public debates, the jurisdiction of religious authorities in personal law, and the dilemmas of religious accommodation in national constitutions and public policy when it violates international human rights agreements or liberal-democratic principles. If we profoundly rethink the concepts of religion and secularism, these thinkers argue, a principled adjudication of competing claims becomes possible.
Book Synopsis Freedom of Conscience and Religion by : Richard Moon
Download or read book Freedom of Conscience and Religion written by Richard Moon and published by Essentials of Canadian Law. This book was released on 2014 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the Canadian Charter of Rights and Freedoms was enacted in 1982, the first of its fundamental freedoms seemed less significant and less interesting than many of its other rights. However, the Salman Rushdie affair, the 9/11 attacks, and later the publication of the "Danish Cartoons" helped to move religion or religious difference to the forefront of public consciousness. These events seemed to confirm that religion, or at least particular religions, represented a threat to the values of liberal-democratic society. Religious freedom issues that may have been minor and easily resolved "on the ground" were increasingly seen through this lens of intractable conflict, and as opening the door to a broader threat to Western democracy. In Canada, anxiety about religion has been far less acute than in Europe or in the United States. Nevertheless, concern about the character of religion has shaped the public reaction to religious diversity and freedom. This has been most powerfully so in Quebec where, as in Europe, national identity remains a concern, and the political role of the Catholic church in the recent past has caused many to be wary of the visibility of religion in the public sphere. The book reviews the basic history of religious freedom in Canada; looks at state support for religion, including the place of religious practices and symbols in public institutions and the role of religious values in public decision making; the restriction or accommodation of religious practices by state action; religious restriction in particular contexts; state support for religious schools; freedom of religion in the context of the family, and in particular, the parent-child relationship; and freedom of conscience component of section 2(a)
Book Synopsis Freedom of Religion Under Bills of Rights by : Paul Babie
Download or read book Freedom of Religion Under Bills of Rights written by Paul Babie and published by University of Adelaide Press. This book was released on 2012 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Australian Constitution contains no guarantee of freedom of religion or freedom of conscience. Indeed, it contains very few provisions dealing with rights — in essence, it is a Constitution that confines itself mainly to prescribing a framework for federal government, setting out the various powers of government and limiting them as between federal and state governments and the three branches of government without attempting to define the rights of citizens except in minor respects. […] Whether Australia should have a national bill of rights has been a controversial issue for quite some time. This is despite the fact that Australia has acceded to the ICCPR, as well as the First Optional Protocol to the ICCPR, thereby accepting an international obligation to bring Australian law into line with the ICCPR, an obligation that Australia has not discharged. Australia is the only country in the Western world without a national bill of rights.4 The chapters that follow in this book debate the situation in Australia and in various other Western jurisdictions.' From Foreword by The Hon Sir Anthony Mason AC KBE: Human Rights and Courts
Book Synopsis Religious Freedom and the Supreme Court by : Ronald Bruce Flowers
Download or read book Religious Freedom and the Supreme Court written by Ronald Bruce Flowers and published by . This book was released on 2008 with total page 1224 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is clear, relevant, and an essential text for the twenty-first century.
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 411 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 Annual Report on International Religious Freedom 2007, February 2008, 110-2 Report, * by :
Download or read book Annual Report on International Religious Freedom 2007, February 2008, 110-2 Report, * written by and published by . This book was released on 2008 with total page 848 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis State-Religion Relationships and Human Rights Law by : Jeroen Temperman
Download or read book State-Religion Relationships and Human Rights Law written by Jeroen Temperman and published by BRILL. This book was released on 2010 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a human rights-based assessment of the various modes of state religion identification and of the various forms of state practice that characterize these different state religion models. This book makes a case for the recognition of a state duty to remain impartial with respect to religion or belief in all regards so as to comply with people s fundamental right to be governed, at all times, in a religiously neutral manner. As this book demonstrates through the various case studies there is increasing interest and concern at the manner in which questions concerning the enjoyment of the right to the freedom of religion or belief bear upon key questions concerning the governance of democratic society. Issues raised involve matters concerning employment, education, expression, association and, more generally, the interface between religion and political life. The existing literature often traces these concerns back to the need to consider the place of religion in contemporary society but leaves matters there. Another body of academic literature explores the theoretical dimensions of that relationship but fails to connect it to the practice of states in order to test out the propositions which are the product of these reflections. The great virtue of this work is that is seeks to unite these various enterprises and engages head on with the challenges which this produces The aim is to demonstrate and illustrate the key contention: that there is an emergent right to religiously neutral governance, and that this is incompatible with the continuation of systems which offer preference to particular forms of belief system religious or otherwise. A chief virtue of this book is that it works through the consequences of this claim in a fearless fashion, posing challenges for those states which continue to use their legal frameworks to offer support (directly or indirectly) for historical, dominant or favoured forms of religion or belief. It challenges received assumptions and, by driving the logic of contemporary human rights thinking to the foundations of state-religion relationships performs a valuable service for those engaging with this most difficult and timely of questions. Malcolm D. Evans, Professor of Public International Law, University of Bristol
Book Synopsis Religious Ideas in Liberal Democratic States by : Jasper Doomen
Download or read book Religious Ideas in Liberal Democratic States written by Jasper Doomen and published by . This book was released on 2021 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume is focused on the issue of freedom of religion from various perspectives, inquiring whether freedom of religion may be realized non-neutrally, and whether a secular state in particular may accomplish this goal
Book Synopsis Persecution & Toleration by : Noel D. Johnson
Download or read book Persecution & Toleration written by Noel D. Johnson and published by Cambridge University Press. This book was released on 2019-02-14 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Noel D. Johnson and Mark Koyama tackle the question: how does religious liberty develop?
