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The Impossibility Of Religious Freedom
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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.
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 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 . This book was released on 2005 with total page 286 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.
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.
Download or read book Religious Freedom written by Tisa Wenger and published by UNC Press Books. This book was released on 2017-08-31 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religious freedom is so often presented as a timeless American ideal and an inalienable right, appearing fully formed at the founding of the United States. That is simply not so, Tisa Wenger contends in this sweeping and brilliantly argued book. Instead, American ideas about religious freedom were continually reinvented through a vibrant national discourse--Wenger calls it "religious freedom talk--that cannot possibly be separated from the evolving politics of race and empire. More often than not, Wenger demonstrates, religious freedom talk worked to privilege the dominant white Christian population. At the same time, a diverse array of minority groups at home and colonized people abroad invoked and reinterpreted this ideal to defend themselves and their ways of life. In so doing they posed sharp challenges to the racial and religious exclusions of American life. People of almost every religious stripe have argued, debated, negotiated, and brought into being an ideal called American religious freedom, subtly transforming their own identities and traditions in the process. In a post-9/11 world, Wenger reflects, public attention to religious freedom and its implications is as consequential as it has ever been.
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 Leading Works in Law and Religion by : Russell Sandberg
Download or read book Leading Works in Law and Religion written by Russell Sandberg and published by Routledge. This book was released on 2018-12-07 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading Works in Law and Religion brings together leading and emerging scholars in the field from the United Kingdom and Ireland. Each contributor has been invited to select and analyse a ‘leading work’, which has for them shed light on the way that Law and Religion are intertwined. The chapters are both autobiographical, reflecting upon the works that have proved significant to contributors, and also critical analyses of the current state of the field, exploring in particular the interdisciplinary potential of the study of Law and Religion. The book also includes a specially written introduction and conclusion, which critically comment upon the development of Law and Religion over the last 25 years and likely future developments in light of the reflections by contributors on their chosen leading works.
Book Synopsis Faking Liberties by : Jolyon Baraka Thomas
Download or read book Faking Liberties written by Jolyon Baraka Thomas and published by University of Chicago Press. This book was released on 2019-03-25 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religious freedom is a founding tenet of the United States, and it has frequently been used to justify policies towards other nations. Such was the case in 1945 when Americans occupied Japan following World War II. Though the Japanese constitution had guaranteed freedom of religion since 1889, the United States declared that protection faulty, and when the occupation ended in 1952, they claimed to have successfully replaced it with “real” religious freedom. Through a fresh analysis of pre-war Japanese law, Jolyon Baraka Thomas demonstrates that the occupiers’ triumphant narrative obscured salient Japanese political debates about religious freedom. Indeed, Thomas reveals that American occupiers also vehemently disagreed about the topic. By reconstructing these vibrant debates, Faking Liberties unsettles any notion of American authorship and imposition of religious freedom. Instead, Thomas shows that, during the Occupation, a dialogue about freedom of religion ensued that constructed a new global set of political norms that continue to form policies today.
Book Synopsis What Has No Place, Remains by : Nicholas Shrubsole
Download or read book What Has No Place, Remains written by Nicholas Shrubsole and published by University of Toronto Press. This book was released on 2019-07-04 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: The desire to erase the religions of Indigenous Peoples is an ideological fixture of the colonial project that marked the first century of Canada’s nationhood. While the ban on certain Indigenous religious practices was lifted after the Second World War, it was not until 1982 that Canada recognized Aboriginal rights, constitutionally protecting the diverse cultures of Indigenous Peoples. As former prime minister Stephen Harper stated in Canada’s apology for Indian residential schools, the desire to destroy Indigenous cultures, including religions, has no place in Canada today. And yet Indigenous religions continue to remain under threat. Framed through a postcolonial lens, What Has No Place, Remains analyses state actions, responses, and decisions on matters of Indigenous religious freedom. The book is particularly concerned with legal cases, such as Ktunaxa Nation v. British Columbia (2017), but also draws on political negotiations, such as those at Voisey’s Bay, and standoffs, such as the one at Gustafsen Lake, to generate a more comprehensive picture of the challenges for Indigenous religious freedom beyond Canada’s courts. With particular attention to cosmologically significant space, this book provides the first comprehensive assessment of the conceptual, cultural, political, social, and legal reasons why religious freedom for Indigenous Peoples is currently an impossibility in Canada.
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 Prison Religion by : Winnifred Fallers Sullivan
Download or read book Prison Religion written by Winnifred Fallers Sullivan and published by Princeton University Press. This book was released on 2011-09-06 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than the citizens of most countries, Americans are either religious or in jail--or both. But what does it mean when imprisonment and evangelization actually go hand in hand, or at least appear to? What do "faith-based" prison programs mean for the constitutional separation of church and state, particularly when prisoners who participate get special privileges? In Prison Religion, law and religion scholar Winnifred Fallers Sullivan takes up these and other important questions through a close examination of a 2005 lawsuit challenging the constitutionality of a faith-based residential rehabilitation program in an Iowa state prison. Americans United for the Separation of Church and State v. Prison Fellowship Ministries, a trial in which Sullivan served as an expert witness, centered on the constitutionality of allowing religious organizations to operate programs in state-run facilities. Using the trial as a case study, Sullivan argues that separation of church and state is no longer possible. Religious authority has shifted from institutions to individuals, making it difficult to define religion, let alone disentangle it from the state. Prison Religion casts new light on church-state law, the debate over government-funded faith-based programs, and the predicament of prisoners who have precious little choice about what kind of rehabilitation they receive, if they are offered any at all.
Book Synopsis Beyond Religious Freedom by : Elizabeth Shakman Hurd
Download or read book Beyond Religious Freedom written by Elizabeth Shakman Hurd and published by Princeton University Press. This book was released on 2017-02-14 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, North American and European nations have sought to legally remake religion in other countries through an unprecedented array of international initiatives. Policymakers have rallied around the notion that the fostering of religious freedom, interfaith dialogue, religious tolerance, and protections for religious minorities are the keys to combating persecution and discrimination. Beyond Religious Freedom persuasively argues that these initiatives create the very social tensions and divisions they are meant to overcome. Elizabeth Shakman Hurd looks at three critical channels of state-sponsored intervention: international religious freedom advocacy, development assistance and nation building, and international law. She shows how these initiatives make religious difference a matter of law, resulting in a divide that favors forms of religion authorized by those in power and excludes other ways of being and belonging. In exploring the dizzying power dynamics and blurred boundaries that characterize relations between "expert religion," "governed religion," and "lived religion," Hurd charts new territory in the study of religion in global politics. A forceful and timely critique of the politics of promoting religious freedom, Beyond Religious Freedom provides new insights into today's most pressing dilemmas of power, difference, and governance.
Book Synopsis Defend the Sacred by : Michael D. McNally
Download or read book Defend the Sacred written by Michael D. McNally and published by Princeton University Press. This book was released on 2020-04-14 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In 2016, thousands of people travelled to North Dakota to camp out near the Standing Rock Sioux Reservation to protest the construction of an oil pipeline that is projected to cross underneath the Missouri River a half mile upstream from the Reservation. The Standing Rock Sioux consider the pipeline a threat to the region's clean water and to the Sioux's sacred sites (such as its ancient burial grounds). The encamped protests garnered front-page headlines and international attention, and the resolve of the protesters was made clear in a red banner that flew above the camp: "Defend the Sacred". What does it mean when Native communities and their allies make such claims? What is the history of such claim-making, and why has this rhetorical and legal strategy - based on appeals to religious freedom - failed to gain much traction in American courts? As Michael McNally recounts in this book, Native Americans have repeatedly been inspired to assert claims to sacred places, practices, objects, knowledge, and ancestral remains by appealing to the discourse of religious freedom. But such claims based on alleged violations of the First Amendment "free exercise of religion" clause of the US Constitution have met with little success in US courts, largely because Native American communal traditions have been difficult to capture by the modern Western category of "religion." In light of this poor track record Native communities have gone beyond religious freedom-based legal strategies in articulating their sacred claims: in (e.g.) the technocratic language of "cultural resource" under American environmental and historic preservation law; in terms of the limited sovereignty accorded to Native tribes under federal Indian law; and (increasingly) in the political language of "indigenous rights" according to international human rights law (especially in light of the 2007 U.N. Declaration of the Rights of Indigenous Peoples). And yet the language of religious freedom, which resonates powerfully in the US, continues to be deployed, propelling some remarkably useful legislative and administrative accommodations such as the 1990 Native American Graves Protection and Reparation Act. As McNally's book shows, native communities draw on the continued rhetorical power of religious freedom language to attain legislative and regulatory victories beyond the First Amendment"--
Book Synopsis The Rise and Decline of American Religious Freedom by : Steven D. Smith
Download or read book The Rise and Decline of American Religious Freedom written by Steven D. Smith and published by Harvard University Press. This book was released on 2014-02-18 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Familiar accounts of religious freedom in the United States often tell a story of visionary founders who broke from centuries-old patterns of Christendom to establish a political arrangement committed to secular and religiously neutral government. These novel commitments were supposedly embodied in the religion clauses of the First Amendment. But this story is largely a fairytale, Steven Smith says in this incisive examination of a much-mythologized subject. The American achievement was not a rejection of Christian commitments but a retrieval of classic Christian ideals of freedom of the church and of conscience. Smith maintains that the First Amendment was intended merely to preserve the political status quo in matters of religion. America's distinctive contribution was, rather, a commitment to open contestation between secularist and providentialist understandings of the nation which evolved over the nineteenth century. In the twentieth century, far from vindicating constitutional principles, as conventional wisdom suggests, the Supreme Court imposed secular neutrality, which effectively repudiated this commitment to open contestation. Instead of upholding what was distinctively American and constitutional, these decisions subverted it. The negative consequences are visible today in the incoherence of religion clause jurisprudence and the intense culture wars in American politics.
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 Constitutional Faith by : Sanford Levinson
Download or read book Constitutional Faith written by Sanford Levinson and published by Princeton University Press. This book was released on 2011-09-11 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The book is intended to make clearer the ambiguities of "constitutional faith," i.e. wholehearted attachment to the Constitution as the center of one's (and ultimately the nation's) political life."--The introduction.
Book Synopsis The Meaning of Religious Freedom in the Public Square by : Pablo Munoz Iturrieta
Download or read book The Meaning of Religious Freedom in the Public Square written by Pablo Munoz Iturrieta and published by Wipf and Stock Publishers. This book was released on 2020-02-27 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a new perspective on religious freedom. Its central theme is to elucidate the meaning of religion and freedom in discussions related to religious freedom and the place of religion in the public square. One often hears that either religion must be tamed by restricting its access to public power, or that in the name of neutrality and equality no religious reasoning may be used in the political sphere, as it may be coercive to other worldviews. There is also the idea that “religion” is a feature of human life essentially distinct from “secular” features such as politics and economics, and which has a peculiarly dangerous inclination to promote violence. Thus, the meaning of religious freedom in the twenty-first century seems uncertain. For that reason, it is necessary to clarify the meaning of religious freedom, especially in relation to the public sphere, in order to offer an answer that will guide us in discerning issues of religious freedom.
