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Law and Religious Pluralism in Canada by Richard J. Moon Pdf
Law and Religious Pluralism in Canada seeks to elucidate the complex and often uneasy relationship between law and religion in democracies committed both to equal citizenship and religious pluralism. Leading socio-legal scholars consider the role of religious values in public decision making, government support for religious practices, and the restriction and accommodation by government of minority religious practices. They examine such current issues as the legal recognition of sharia arbitration, the re-definition of civil marriage, and the accommodation of religious practice in the public sphere.
Religion, Liberty and the Jurisdictional Limits of Law by Iain T. Benson,Barry W. Bussey Pdf
In recent years, law and religion scholarship in Canada has grown significantly. This distinctive collection of 18 papers addresses, from a variety of angles, the jurisdiction and the limits of law ¿ an important but often overlooked aspect of settling the boundaries of church and state, religion and law. The volume draws the insights of 19 authoritative contributors of diverse background and examines changes in the role and meaning of religion in society, the dimensions of law and religion and finally, the conflicts between freedom of religion and other freedoms as looked upon as fundamental rights of a liberal society.
Religion and Diversity in Canada by Lori Gail Beaman,Peter Beyer Pdf
Canada officially prides itself on being a multicultural nation, welcoming people from all around the world, and enshrining that status in its Charter of Rights and Freedoms as well as in an array of laws and policies that aim to protect citizens from discrimination on various grounds, including race, cultural origin, sexual orientation, and religion. This volume explores the intersection of these diversities, foregrounding religion as the primary focus of analysis. Taking as their point of departure the contested meaning and implications of the term diversity, the various contributions address issues such as the power relations that diversity implies, the cultural context that limits the understanding and practical acceptance of religious diversity, and how Canada compares in these matters to other countries. Taken together the essays therefore elucidate the Canadian case while also having relevance for understanding this critical issue globally.
Religious Diversity in Canadian Public Schools by Dia Dabby Pdf
This comprehensive analysis of the legally complex relationship between religion and public schools will compel readers to reconsider the role of law in education.
Canadian Pluralism and the Charter by Derek B. M. Ross,Sarah Mix-Ross Pdf
"The role of the state in resolving social tensions rooted in competing "sets of ultimate commitments" among citizens, and the role of the law in resolving such moral conflicts between the citizen and the state. How, and why, differences ought to be accommodated in a free and democratic society. The issues explored are becoming intensely pertinent as Canada's religious diversity increases, the state expands into areas traditionally seen as private, and state actors seek to promote certain 'values'."--
Author : Benjamin L. Berger Publisher : University of Toronto Press Page : 240 pages File Size : 44,7 Mb Release : 2016-01-28 Category : Law ISBN : 9781442696396
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.
Religious Diversity in Canadian Public Schools by Dia Dabby Pdf
Canadian public schools have long been entrusted with socializing children. Yet this duty can rest uneasily alongside religious diversity questions. Grounding its analysis in three seminal Supreme Court cases, Religious Diversity in Canadian Public Schools reveals complex legal processes that compress multidimensional conversations into an oppositional format and exclude the voices of children themselves. Dia Dabby contends that schools are in fact microsystems with the power to construct their own rules and relationships. This compelling work encourages a deeper conversation about how religion is mediated through public schools, inviting a critical reassessment of the role of law in education.
Religious Pluralism and Islamic Law by Anver M. Emon Pdf
The question of tolerance and Islam is not a new one. Polemicists are certain that Islam is not a tolerant religion. As evidence they point to the rules governing the treatment of non-Muslim permanent residents in Muslim lands, namely the dhimmi rules that are at the center of this study. These rules, when read in isolation, are certainly discriminatory in nature. They legitimate discriminatory treatment on grounds of what could be said to be religious faith and religious difference. The dhimmi rules are often invoked as proof-positive of the inherent intolerance of the Islamic faith (and thereby of any believing Muslim) toward the non-Muslim. This book addresses the problem of the concept of 'tolerance' for understanding the significance of the dhimmi rules that governed and regulated non-Muslim permanent residents in Islamic lands. In doing so, it suggests that the Islamic legal treatment of non-Muslims is symptomatic of the more general challenge of governing a diverse polity. Far from being constitutive of an Islamic ethos, the dhimmi rules raise important thematic questions about Rule of Law, governance, and how the pursuit of pluralism through the institutions of law and governance is a messy business. As argued throughout this book, an inescapable, and all-too-often painful, bottom line in the pursuit of pluralism is that it requires impositions and limitations on freedoms that are considered central and fundamental to an individual's well-being, but which must be limited for some people in some circumstances for reasons extending well beyond the claims of a given individual. A comparison to recent cases from the United States, United Kingdom, and the European Court of Human Rights reveals that however different and distant premodern Islamic and modern democratic societies may be in terms of time, space, and values, legal systems face similar challenges when governing a populace in which minority and majority groups diverge on the meaning and implication of values deemed fundamental to a particular polity.
Secular States and Religious Diversity by Bruce J. Berman,Rajeev Bhargava,André Laliberté Pdf
Nation-states have seen the rise of religious pluralism within their borders, brought about by global migration and the challenge of radical religious movements. This book explores the meaning of secularism and religious freedom in these new contexts. The contributors chart the impact of globalization, the varying forms of secularism in Western states, and the different kinds of relations between states and religious institutions in the historical traditions and contemporary politics of Islamic, Indic, and Chinese societies. They also examine the limitations and dilemmas of governmental responses to unprecedented diversity, and grapple with the question of how secular states deal (and should deal) with such pluralism.
Religion and Canadian Party Politics by David Rayside,Jerald Sabin,Paul E.J. Thomas Pdf
Religion is usually thought of as inconsequential to contemporary Canadian politics. This book takes a hard look at just how much influence faith continues to have in federal, provincial, and territorial arenas. Drawing on case studies from across the country, it explores three important axes of religiously based contention – Protestant vs. Catholic, conservative vs. reformer, and, more recently, opponents vs. defenders of accommodating minority religious practices. Although the extent of partisan engagement with each of these sources of conflict has varied across time and region, the authors show that religion still matters in shaping political oppositions. These themes are illuminated by comparisons to the role faith plays in the politics of other Western industrialized societies.
Author : Solange Lefebvre,Lori G. Beaman Publisher : University of Toronto Press Page : 347 pages File Size : 40,6 Mb Release : 2014-01-01 Category : Law ISBN : 9781442626300
Religion in the Public Sphere by Solange Lefebvre,Lori G. Beaman Pdf
The place of religion in the public realm is the subject of frequent and lively debate in the media, among academics and policymakers, and within communities. With this edited collection, Solange Lefebvre and Lori G. Beaman bring together a series of case studies of religious groups and practices from all across Canada that re-examine and question the classic distinction between the public and private spheres. Religion in the Public Sphere explores the public image of religious groups, legal issues relating to reasonable accommodations, and the role of religion in public services and institutions like health care and education. Offering a wide range of contributions from religious studies, political science, theology, and law, Religion in the Public Sphere presents emerging new models to explain contemporary relations between religion, civil society, the private sector, family, and the state.
Multiculturalism and Religious Identity by Sonia Sikka,Lori G. Beaman Pdf
How, and to what extent, can religion be included within commitments to multiculturalism? Multiculturalism and Religious Identity addresses this question by examining the political recognition and management of religious identity in Canada and India. In multicultural policy, practice, and literature, religion has until recently not been included within broader discussions of multiculturalism, perhaps due to worries of potential for conflict with secularism. This collection undertakes a contemporary analysis of how the Canadian and Indian states each approach religious diversity through social and political policies, as well as how religion and secularism meet both philosophically and politically in contested public space. Although Canada and India have differing political and religious histories - leading to different articulations of multiculturalism, religious diversity, and secularism - both countries share a commitment to ensuring fair treatment for the different religious communities they include. Combining broader theoretical and normative reflections with close case studies, Multiculturalism and Religious Identity leads the way to addressing these timely issues in the Canadian and Indian contexts.
Freedom of Conscience and Religion by Richard Moon Pdf
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)
Multiculturalism and Religious Identity by Lori G. Beaman,Sonia Sikka Pdf
How, and to what extent, can religion be included within commitments to multiculturalism? Multiculturalism and Religious Identity addresses this question by examining the political recognition and management of religious identity in Canada and India. In multicultural policy, practice, and literature, religion has until recently not been included within broader discussions of multiculturalism, perhaps due to worries of potential for conflict with secularism. This collection undertakes a contemporary analysis of how the Canadian and Indian states each approach religious diversity through social and political policies, as well as how religion and secularism meet both philosophically and politically in contested public space. Although Canada and India have differing political and religious histories - leading to different articulations of multiculturalism, religious diversity, and secularism - both countries share a commitment to ensuring fair treatment for the different religious communities they include. Combining broader theoretical and normative reflections with close case studies, Multiculturalism and Religious Identity leads the way to addressing these timely issues in the Canadian and Indian contexts.
Polygamy's Rights and Wrongs by Lori Gail Beaman,Gillian Calder Pdf
Assumptions about the harmful nature of polygamy have left little room for debate, with monogamy coming to represent a hallmark of advanced societies, and polygamy the immoral alternative. Yet in this volume, eleven scholars ask whether this condemnation is justified by examining, among other perspectives, the lived experiences of polygamous families. In essays that fearlessly face difficult questions of choice, dignity, and love, the authors seek to complicate a conversation that is more often simplified. Thoughtful and persuasive, Polygamy's Rights and Wrongs is both a close consideration of polygamy and a challenging reflection on the ways in which we value family and intimacy.