Religious Freedom Under The Personal Law System

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Religious Freedom Under the Personal Law System

Author : Farrah Ahmed
Publisher : Oxford University Press, USA
ISBN 13 : 9780199458066
Total Pages : 0 pages
Book Rating : 4.4/5 (58 download)

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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.

Religious Freedom and the Constitution

Author : Christopher L. Eisgruber
Publisher : Harvard University Press
ISBN 13 : 067426326X
Total Pages : 346 pages
Book Rating : 4.6/5 (742 download)

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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.

The Right to Religious Freedom in International Law

Author : Anat Scolnicov
Publisher : Routledge
ISBN 13 : 1136907068
Total Pages : 281 pages
Book Rating : 4.1/5 (369 download)

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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 281 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.

Religious Freedom in the Liberal State

Author : Rex Ahdar
Publisher : Oxford University Press
ISBN 13 : 0199606471
Total Pages : 528 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Religious Freedom in the Liberal State by : Rex Ahdar

Download or read book Religious Freedom in the Liberal State written by Rex Ahdar and published by Oxford University Press. This book was released on 2013-03-21 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rex Ahdar and Ian Leigh present a critique of how religious freedom should be understood in liberal legal systems, based on historical and contemporary controversies.

Regulating Religion

Author : Catharine Cookson
Publisher : Oxford University Press
ISBN 13 : 0198029624
Total Pages : 288 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Regulating Religion by : Catharine Cookson

Download or read book Regulating Religion written by Catharine Cookson and published by Oxford University Press. This book was released on 2001-03-29 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jurisprudence regarding the "free exercise of religion" clause of the U.S. Constitution is in a state of confusion. There has been a series of rapid changes in the standard used by the Supreme Court to determine when a statute impermissibly restricts free exercise. The trend is now towards greater acceptance of government claims about the importance of regulation over religious practices. Here, Cookson challenges the wisdom of this judicial drift, and its false dichotomy between anarchy and a system that respects religious freedom. In its place she offers a new, practical approach to resolving free exercise conflicts that could be used in both federal and state courts. Cookson shows the reader how violations of religious freedom affect the community whose values are at stake.

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.

Religion and the American Constitutional Experiment

Author : John Witte
Publisher : Oxford University Press
ISBN 13 : 0190459425
Total Pages : 425 pages
Book Rating : 4.1/5 (94 download)

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Book Synopsis Religion and the American Constitutional Experiment by : John Witte

Download or read book Religion and the American Constitutional Experiment written by John Witte and published by Oxford University Press. This book was released on 2016 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This new edition of a classic textbook provides a comprehensive, interdisciplinary overview of the history, theology, and law of American religious liberty. The authors offer a balanced and accessible analysis of First Amendment cases and controversies, and compare them to both the original teachings of the American founders and current international norms of religious liberty"--

Constitutions and Religious Freedom

Author : Frank B. Cross
Publisher : Cambridge University Press
ISBN 13 : 1316240045
Total Pages : 250 pages
Book Rating : 4.3/5 (162 download)

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Book Synopsis Constitutions and Religious Freedom by : Frank B. Cross

Download or read book Constitutions and Religious Freedom written by Frank B. Cross and published by Cambridge University Press. This book was released on 2015-02-05 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many of us take for granted the idea that the right to religious freedom should be protected in a free, democratic polity. This book challenges whether the protection and privilege of religious belief and identity should be prioritized over any other right. By studying the effects of constitutional promises of religious freedom and establishment clauses, Frank B. Cross sets the stage for a set of empirical questions that examine the consequences of such protections. Although the case for broader protection is often made as a theoretical matter, constitutions generally protect freedom of religion. Allowing people full choice in religious beliefs or freedom of conscience is central to their autonomy. Freedom of religion is thus potentially a very valuable aspect of society, at least so long as it respects the freedom of individuals to be irreligious. This book tests these associations and finds that constitutions provide national religious protection, especially when the legal system is more sophisticated.

Religion and the Law in America [2 volumes]

Author : Scott A. Merriman
Publisher : Bloomsbury Publishing USA
ISBN 13 : 185109864X
Total Pages : 679 pages
Book Rating : 4.8/5 (51 download)

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Book Synopsis Religion and the Law in America [2 volumes] by : Scott A. Merriman

Download or read book Religion and the Law in America [2 volumes] written by Scott A. Merriman and published by Bloomsbury Publishing USA. This book was released on 2007-05-18 with total page 679 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is a comprehensive survey of one of the oldest—and hottest—debates in American history: the role of religion in the public discourse. The relationship between church and state was contentious long before the framers of the Constitution undertook the bold experiment of separating the two, sparking a debate that would rage for centuries: What is the role of religion in government—and vice versa? Religion and the Law in America explores the many facets of this question, from prayer in public schools to the addition of the phrase "under God" to the Pledge of Allegiance, from government investigation of religious fringe groups to federal grants for faith-based providers of social services. In more than 250 A–Z entries, along with a series of broad, thematic essays, it examines the groups, laws, and court cases that have framed this ongoing debate. Through its careful, balanced exploration of the interaction between government and religion throughout the history of the United States, the work provides all Americans—students, scholars, and lay readers alike—with a deep understanding of one of the central, enduring issues in our history.

Religious Freedom and Indian Rights

Author : Carolyn Nestor Long
Publisher : Landmark Law Cases and American Society
ISBN 13 :
Total Pages : 344 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Religious Freedom and Indian Rights by : Carolyn Nestor Long

Download or read book Religious Freedom and Indian Rights written by Carolyn Nestor Long and published by Landmark Law Cases and American Society. This book was released on 2000 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Supreme Court's controversial decision in Oregon v. Smith sharply departed from previous expansive readings of the First Amendment's religious freedom clause and ignited a firestorm of protest from legal scholars, religious groups, legislators, and Native Americans. A major event in Native American history, the case attracted widespread support for the Indian cause from a diverse array of religious groups eager to protect their own religious freedom and led to an intense tug-of-war between the Court and Congress. Carolyn Long provides the first book-length analysis of Smith and shows shy it continues to resonate so deeply in the American psyche."--Back cover.

Law, Religion, and Freedom

Author : W. Cole Durham, Jr.
Publisher : Routledge
ISBN 13 : 1351369628
Total Pages : 221 pages
Book Rating : 4.3/5 (513 download)

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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.

The Impossibility of Religious Freedom

Author : Winnifred Fallers Sullivan
Publisher : Princeton University Press
ISBN 13 : 0691180954
Total Pages : 330 pages
Book Rating : 4.6/5 (911 download)

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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.

Religious Freedom and the Law

Author : Brett G. Scharffs
Publisher : Routledge
ISBN 13 : 1351369717
Total Pages : 230 pages
Book Rating : 4.3/5 (513 download)

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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.

Freedom of Religion or Belief

Author : Paul T. Babie
Publisher : Edward Elgar Publishing
ISBN 13 : 1788977807
Total Pages : 416 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Freedom of Religion or Belief by : Paul T. Babie

Download or read book Freedom of Religion or Belief written by Paul T. Babie and published by Edward Elgar Publishing. This book was released on 2020-05-29 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using the metaphor of ‘constitutional space’, this thought-provoking book describes the confluence and convergence of powers in a constitutional system, comprised of the principled exercise of the legislative, executive and judicial powers of constitutional government. Addressing the issues surrounding the freedom of religion or belief, the book explores the dimensions of constitutional space and the content of this freedom, as well as comparative approaches to defining and protecting this freedom.

Family Rights and Religion

Author : John Eekelaar
Publisher : Routledge
ISBN 13 : 1000152111
Total Pages : 582 pages
Book Rating : 4.0/5 (1 download)

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Book Synopsis Family Rights and Religion by : John Eekelaar

Download or read book Family Rights and Religion written by John Eekelaar and published by Routledge. This book was released on 2020-09-10 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: The interaction between individual rights, which are often seen in secular terms, and religion is becoming an important and complex topic not only for academic study but for practical policy. This volume collects a range of writings from journals, edited collections and individual books which deal with different aspects of the interaction within the context of family life, and which appear with their original pagination. These studies have been selected because they throw a sharp light on central elements of the role of religion in determining the structure of the rights of family members in relation to one another, both from an historical and contemporary perspective. While many of the writings are focused on US and European systems, selected writings covering other systems illustrate the universal nature of the topic. The studies are accompanied by a reflective commentary from the editor which sets the writings in a broad context of social, constitutional and philosophical thought, with the aim of stimulating critical thought and discussion.

Religious Exemptions

Author : Kevin Vallier
Publisher : Oxford University Press
ISBN 13 : 0190666188
Total Pages : 329 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Religious Exemptions by : Kevin Vallier

Download or read book Religious Exemptions written by Kevin Vallier and published by Oxford University Press. This book was released on 2018 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religious exemptions have a long history in American law, but have become especially controversial over the last several years. The essays in this volume address the moral and philosophical issues that the legal practice of religious exemptions often raises.

The Contested Place of Religion in Family Law

Author : Robin Fretwell Wilson
Publisher : Cambridge University Press
ISBN 13 : 1108278876
Total Pages : 987 pages
Book Rating : 4.1/5 (82 download)

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Book Synopsis The Contested Place of Religion in Family Law by : Robin Fretwell Wilson

Download or read book The Contested Place of Religion in Family Law written by Robin Fretwell Wilson and published by Cambridge University Press. This book was released on 2018-05-31 with total page 987 pages. Available in PDF, EPUB and Kindle. Book excerpt: Like many beliefs, religious views matter across an individual's life and the life cycle of a family - from birth to marriage, through child-rearing, and, eventually, death. This volume examines clashes over religious liberty within the personal realm of the family. Against swirling religious beliefs, secular values, and legal regulation, this volume offers a forward-looking examination of tensions between religious freedom and the state's protective function. Contributors unpack some of the Court's recent decisions and explain how they set the stage for ongoing disputes. They evaluate religious claims around birth control, circumcision, modesty, religious education, marriage, polygamy, shared parenting, corporal punishment, faith healing, divorce, and the end of life. Authors span legislators, attorneys, academics, journalists, ministers, physicians, child advocates, and representatives of minority faiths. The Contested Place of Religion in Family Law begins an overdue conversation on questions dividing the nation.