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Litigating Religions
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Book Synopsis Litigating Religions by : Christopher McCrudden
Download or read book Litigating Religions written by Christopher McCrudden and published by Oxford University Press. This book was released on 2018-01-19 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religions are a problem for human rights, and human rights are a problem for religions. And both are problems for courts. This book presents an interpretation of how religion and human rights interrelate in the legal context, and how this relationship might be reconceived to make this relationship somewhat less fraught. Litigating Religions, an essay adapted by Christopher McCrudden from the Alberico Gentili Lectures given at the University of Macerata, Italy, examines how the resurgent role of religion in public life gives rise to tensions with key aspects of human rights, in particular freedom of religion and anti-discrimination law, and how these tensions cannot be considered as simply transitional. The context for the discussion is the increasingly troubled area of human rights litigation involving religious arguments, such as wearing religious dress at work, conscientious objections by marriage registrars, admission of children to religious schools, prohibitions on same-sex marriage, and access to abortion. Christopher McCrudden argues that, if we wish to establish a better dialogue between the contending views, we must address a set of recurring problems identifiable in such litigation. To address these problems requires changes both in human rights theory and in religious understandings.
Book Synopsis Litigating Religions by : Christopher McCrudden
Download or read book Litigating Religions written by Christopher McCrudden and published by Oxford University Press. This book was released on 2018 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights literature has tended to exclude religious foundations from the realm of human rights. This has led to a lack of progress which confuses our understanding of the relationship between human rights and religion: this book argues that by paying close attention to developments in human rights litigation we can make theoretical progress.
Book Synopsis Trumping Religion by : Steven P. Brown
Download or read book Trumping Religion written by Steven P. Brown and published by University of Alabama Press. This book was released on 2002-09-25 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first scholarly treatment of the strategies employed by the New Christian Right in litigating cases regarding religion Trumping Religion provides a detailed analysis of the five major public-interest law firms that have litigated religion cases in the federal courts between 1980 and 2000. Allied with several highly vocal, evangelical ministries, such as those of Jerry Falwell and Pat Robinson, these legal organizations argue that religious expression is a form of protected speech and thereby gain a greater latitude of interpretation in the courts. The long-term agenda of the New Christian Right as illuminated by this study is to shape church-state jurisprudence in a way that permits free course for the Christian gospel. Steven P. Brown presents his research and conclusions from a balanced viewpoint. In filling a distinct void in the literature, this book will be of considerable interest to political scientists, legal scholars, law schools and seminaries, and anyone concerned with the intersection of religion and judicial politics.
Book Synopsis Religious Property Disputes and the Law by : Daniel P. Dalton
Download or read book Religious Property Disputes and the Law written by Daniel P. Dalton and published by . This book was released on 2022-05-02 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nationally recognized litigator, Daniel P. Dalton, shares expert insights on litigating three types of religious property disputes. This information will be valuable for religious organizations and their counsel.
Book Synopsis In Praise of Litigation by : Alexandra Lahav
Download or read book In Praise of Litigation written by Alexandra Lahav and published by Oxford University Press. This book was released on 2017-01-02 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the right to have one's day in court is a cherished feature of the American democratic system, alarms that the United States is hopelessly litigious and awash in frivolous claims have become so commonplace that they are now a fixture in the popular imagination. According to this view, litigation wastes precious resources, stifles innovation and productivity, and corrodes our social fabric and the national character. Calls for reform have sought, often successfully, to limit people's access to the court system, most often by imposing technical barriers to bringing suit. Alexandra Lahav's In Praise of Litigation provides a much needed corrective to this flawed perspective, reminding us of the irreplaceable role of litigation in a well-functioning democracy and debunking many of the myths that cloud our understanding of this role. For example, the vast majority of lawsuits in the United States are based on contract claims, the median value of lawsuits is on a downward trend, and, on a per capita basis, many fewer lawsuits are filed today than were filed in the 19th century. Exploring cases involving freedom of speech, foodborne illness, defective cars, business competition, and more, the book shows that despite its inevitable limitations, litigation empowers citizens to challenge the most powerful public and private interests and hold them accountable for their actions. Lawsuits change behavior, provide information to consumers and citizens, promote deliberation, and express society's views on equality and its most treasured values. In Praise of Litigation shows how our court system protects our liberties and enables civil society to flourish, and serves as a powerful reminder of why we need to protect people's ability to use it. The tort reform movement has had some real successes in limiting what can reach the courts, but there have been victims too. As Alexandra Lahav shows, it has become increasingly difficult for ordinary people to enforce their rights. In the grand scale of lawsuits, actually crazy or bogus lawsuits constitute a tiny minority; in fact, most anecdotes turn out to be misrepresentations of what actually happened. In In Praise of Litigation, Lahav argues that critics are blinded to the many benefits of lawsuits. The majority of lawsuits promote equality before the law, transparency, and accountability. Our ability to go to court is a sign of our strength as a society and enables us to both participate in and reinforce the rule of law. In addition, joining lawsuits gives citizens direct access to governmental officials-judges-who can hear their arguments about issues central to our democracy, including the proper extent of police power and the ability of all people to vote. It is at least arguable that lawsuits have helped spur major social changes in arenas like race relations and marriage rights, as well as made products safer and forced wrongdoers to answer for their conduct. In this defense, Lahav does not ignore the obvious drawbacks to litigiousness. It is expensive, stressful, and time consuming. Certainly, sensible reforms could make the system better. However, many of the proposals that have been adopted and are currently on the table seek only to solve problems that do not exist or to make it harder for citizens to defend their rights and to enforce the law. This is not the answer. In Praise of Litigation offers a level-headed and law-based assessment of the state of litigation in America as well as a number of practical steps that can be taken to ensure citizens have the right to defend themselves against wrongs while not odiously infringing on the rights of others.
Book Synopsis The Church and Employment Law by : John Duddington
Download or read book The Church and Employment Law written by John Duddington and published by Taylor & Francis. This book was released on 2022-12-16 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the current law on the employment status of ministers of religion together with religious workers and volunteers and suggests reforms in this area of the law to meet the need for ministers to be given a degree of employment protection. It also considers the constant theme in Christian history that the clergy should not be subject to the ordinary courts and asks whether this is justified with the growth of areas such as employment law. The work questions whether it is possible to arrive at a satisfactory definition of who is a minister of religion and, along with this, who would be the employer of the minister if there was a contract of employment. Taking a comparative perspective, it evaluates the case law on the employment status of Christian and non-Christian clergy and assesses whether this shows any coherent theme or line of development. The work also considers the issue of ministerial employment status against the background of the autonomy of churches and other religious bodies from the State, together with their ecclesiology. The book will be of interest to academics and researchers working in the areas of law and religion, employment law and religious studies, together with both legal practitioners and human resources practitioners in these areas.
Book Synopsis Post-Liberal Religious Liberty by : Joel Harrison
Download or read book Post-Liberal Religious Liberty written by Joel Harrison and published by Cambridge University Press. This book was released on 2020-07-09 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: A radically theological-political account of religious liberty, challenging secularisation narratives and liberal egalitarian arguments.
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 Reactions to the Law by Minority Religions by : Eileen Barker
Download or read book Reactions to the Law by Minority Religions written by Eileen Barker and published by Routledge. This book was released on 2020-12-30 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much has been written about the law as it affects new and minority religions, but relatively little has been written about how such religions react to the law. This book presents a wide variety of responses by minority religions to the legal environments within which they find themselves. An international panel of experts offer examples from North America, Europe and Asia demonstrating how religions with relatively little status may resort to violence or passive acceptance of the law; how they may change their beliefs or practices in order to be in compliance with the law; or how they may resort to the law itself in order to change their legal standing, sometimes by forging alliances with those with more power or authority to achieve their goals. The volume concludes by applying theoretical insights from sociological studies of law, religion and social movements to the variety of responses. The first systematic collection focussing on how minority religions respond to efforts at social control by various governmental agents, this book provides a vital reference for scholars of religion and the law, new religious movements, minority religions and the sociology of religion.
Book Synopsis Law, Religion, and Health in the United States by : Holly Fernandez Lynch
Download or read book Law, Religion, and Health in the United States written by Holly Fernandez Lynch and published by Cambridge University Press. This book was released on 2017-07-03 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the critical role of law in protecting - and protecting against - religious beliefs in American health care.
Book Synopsis Religious Freedom by : John A. Ragosta
Download or read book Religious Freedom written by John A. Ragosta and published by University of Virginia Press. This book was released on 2013-04-22 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: For over one hundred years, Thomas Jefferson and his Statute for Establishing Religious Freedom have stood at the center of our understanding of religious liberty and the First Amendment. Jefferson’s expansive vision—including his insistence that political freedom and free thought would be at risk if we did not keep government out of the church and church out of government—enjoyed a near consensus of support at the Supreme Court and among historians, until Justice William Rehnquist called reliance on Jefferson "demonstrably incorrect." Since then, Rehnquist’s call has been taken up by a bevy of jurists and academics anxious to encourage renewed government involvement with religion. In Religious Freedom: Jefferson’s Legacy, America’s Creed, the historian and lawyer John Ragosta offers a vigorous defense of Jefferson’s advocacy for a strict separation of church and state. Beginning with a close look at Jefferson’s own religious evolution, Ragosta shows that deep religious beliefs were at the heart of Jefferson’s views on religious freedom. Basing his analysis on that Jeffersonian vision, Ragosta redefines our understanding of how and why the First Amendment was adopted. He shows how the amendment’s focus on maintaining the authority of states to regulate religious freedom demonstrates that a very strict restriction on federal action was intended. Ultimately revealing that the great sage demanded a firm separation of church and state but never sought a wholly secular public square, Ragosta provides a new perspective on Jefferson, the First Amendment, and religious liberty within the United States.
Book Synopsis Law's Religion by : Benjamin L. Berger
Download or read book Law's Religion written by Benjamin L. Berger and published by University of Toronto Press. This book was released on 2016-01-28 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prevailing stories about law and religion place great faith in the capacity of legal multiculturalism, rights-based toleration, and conceptions of the secular to manage issues raised by religious difference. Yet the relationship between law and religion consistently proves more fraught than such accounts suggest. In Law’s Religion, Benjamin L. Berger knocks law from its perch above culture, arguing that liberal constitutionalism is an aspect of, not an answer to, the challenges of cultural pluralism. Berger urges an approach to the study of law and religion that focuses on the experience of law as a potent cultural force. Based on a close reading of Canadian jurisprudence, but relevant to all liberal legal orders, this book explores the nature and limits of legal tolerance and shows how constitutional law’s understanding of religion shapes religious freedom. Rather than calling for legal reform, Law’s Religion invites us to rethink the ethics, virtues, and practices of adjudication in matters of religious difference.
Book Synopsis Legal Problems of Religious and Private Schools by : Ralph D. Mawdsley
Download or read book Legal Problems of Religious and Private Schools written by Ralph D. Mawdsley and published by . This book was released on 2000 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the legal problems faced by nonpublic schools. It is intended to help teachers and administrators recognize potential legal difficulties and to assist educators in developing preventive strategies to resolve problems before the legal system becomes involved. The text is divided into six chapters: (1) "Tort Liability"; (2) "Institution, Student, and Faculty Relationships: Constitutional and Contractual Considerations"; (3) "Governing Board Responsibilities and Liability"; (4) "Governmental Regulation of Nonpublic Schools"; (5) "Federal Anti-Discrimination Legislation"; and (6) "Special Problems." Topics covered include charitable immunity; exculpatory clauses; legal requirements; defenses to tort liability; self-defense and restraint; field trips; medical needs; defamation; invasion of privacy; corporal punishment, child abuse, and school liability for sexual misconduct by employees; constitutional constraints; contractual constraints; search and seizure; communicable diseases; pregnancies; ascending liability; fiduciary relationships; standard of care; donors and gifts; areas of vicarious liability; indemnification; liability insurance; closing a school; access to tax-exempt bonds and other public funds; defining the mission of a religious school; schools with or without a religious nexus; home instruction; religious belief and practice; statutes based or not based on federal assistance; immigration; bankruptcy; and family educational rights. The book includes an index and a table of cases arranged alphabetically. (Contains over 1,300 footnotes.) (RJM)
Book Synopsis Litigating Immigration Cases in Federal Court by : Robert Pauw
Download or read book Litigating Immigration Cases in Federal Court written by Robert Pauw and published by . This book was released on 2020 with total page 998 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis God vs. the Gavel by : Marci A. Hamilton
Download or read book God vs. the Gavel written by Marci A. Hamilton and published by Cambridge University Press. This book was released on 2005-05-30 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: God vs. the Gavel challenges the pervasive assumption that all religious conduct deserves constitutional protection. While religious conduct provides many benefits to society, it is not always benign. The thesis of the book is that anyone who harms another person should be governed by the laws that govern everyone else - and truth be told, religion is capable of great harm. This may not sound like a radical proposition, but it has been under assault since the 1960s. The majority of academics and many religious organizations would construct a fortress around religious conduct that would make it extremely difficult to prosecute child abuse by clergy, medical neglect of children by faith-healers, and other socially unacceptable behaviors. This book intends to change the course of the public debate over religion by bringing to the public's attention the tactics of religious entities to avoid the law and therefore harm others.
Book Synopsis The Racial Muslim by : Sahar F. Aziz
Download or read book The Racial Muslim written by Sahar F. Aziz and published by Univ of California Press. This book was released on 2021-11-30 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why does a country with religious liberty enmeshed in its legal and social structures produce such overt prejudice and discrimination against Muslims? Sahar Aziz’s groundbreaking book demonstrates how race and religion intersect to create what she calls the Racial Muslim. Comparing discrimination against immigrant Muslims with the prejudicial treatment of Jews, Catholics, Mormons, and African American Muslims during the twentieth century, Aziz explores the gap between America’s aspiration for and fulfillment of religious freedom. With America’s demographics rapidly changing from a majority white Protestant nation to a multiracial, multireligious society, this book is an in dispensable read for understanding how our past continues to shape our present—to the detriment of our nation’s future.
Book Synopsis The New Testament and Intellectual Humility by : Grant Macaskill
Download or read book The New Testament and Intellectual Humility written by Grant Macaskill and published by Oxford University Press. This book was released on 2019-01-03 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines how the New Testament scriptures might form and foster intellectual humility within Christian communities. It is informed by recent interdisciplinary interest in intellectual humility, and concerned to appreciate the distinctive representations of the virtue offered by the New Testament writers on their own terms. It argues that the intellectual virtue is cast as a particular expression of the broader Christian virtue of humility, something which itself proceeds from the believer's union with Christ, through which personal identity is reconstituted by the operation of the Holy Spirit. This demands that we speak of 'virtue' in ways determined by the acting presence of Jesus Christ that overcomes sin and evil in human lives and in the world. The Christian account of the intellectual virtue of humility is framed by this conflict, as the minds of believers who live together within the Christian community struggle with natural arrogance and selfishness, and come to share in the mind of Christ. The new identity that emerges creates a fresh openness to truth, as the capacity of the sinful mind to distort truth is exposed and challenged. This affects not just knowledge and perception, but also volition: for these ancient writers, a humble mind makes good decisions that reflect judgements decisively shaped by the sacrificial love of Jesus Christ. By presenting 'humility of mind' as a characteristic of the One who is worshipped--Jesus Christ--the New Testament writers insist that we acknowledge the virtue not just as an admission of human deficiency or limitation, but as a positive affirmation of our rightful place within the divine economy.
