Law Religion And Freedom

Author : Brett G. Scharffs,Asher Maoz,Ashley Isaacson Woolley
Publisher : Routledge
Page : 230 pages
File Size : 46,6 Mb
Release : 2018-08-06
Category : Law
ISBN : 9781351369718

Get Book

Religious Freedom and the Law by Brett G. Scharffs,Asher Maoz,Ashley Isaacson Woolley Pdf

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.

Author : Lori G. Beaman
Publisher : UBC Press
Page : 201 pages
File Size : 44,9 Mb
Release : 2008-07-01
Category : Political Science
ISBN : 9780774858205

Get Book

Defining Harm by Lori G. Beaman Pdf

A powerful examination of the governance of a religious citizen and of the limits of religious freedom, this book demonstrates that the stakes in debates on religious freedom are not just about beliefs and practices but also have implications for the construction of citizenship in a diverse nation. Lori Beaman looks at the case of Jehovah’s Witness Bethany Hughes who was denied her right to refuse treatment on the basis of her religious conviction, reflecting a particular moment in the socio-legal treatment of religious freedom and reveals the specific intersection of religious, medical, legal, and other discourses in the governance of the religious citizen.

Author : Dr Cristiana Cianitto,Ms Donlu Thayer,Professor Silvio Ferrari,Professor W Cole Durham Jr.
Publisher : Ashgate Publishing, Ltd.
Page : 565 pages
File Size : 48,6 Mb
Release : 2013-09-28
Category : Law
ISBN : 9781472416155

Get Book

Law, Religion, Constitution by Dr Cristiana Cianitto,Ms Donlu Thayer,Professor Silvio Ferrari,Professor W Cole Durham Jr. Pdf

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.

Author : Winnifred Fallers Sullivan
Publisher : Princeton University Press
Page : 330 pages
File Size : 55,6 Mb
Release : 2018-04-24
Category : Law
ISBN : 9780691180953

Get Book

The Impossibility of Religious Freedom by Winnifred Fallers Sullivan Pdf

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.

Author : W. Cole Durham, Jr.,Javier Martínez-Torrón,Donlu D Thayer
Publisher : Routledge
Page : 221 pages
File Size : 43,6 Mb
Release : 2021-02-22
Category : Law
ISBN : 9781351369626

Get Book

Law, Religion, and Freedom by W. Cole Durham, Jr.,Javier Martínez-Torrón,Donlu D Thayer Pdf

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.

Author : Paul T. Babie,Neville G. Rochow,Brett G. Scharffs
Publisher : Edward Elgar Publishing
Page : 416 pages
File Size : 55,7 Mb
Release : 2020-05-29
Category : Law
ISBN : 9781788977807

Get Book

Freedom of Religion or Belief by Paul T. Babie,Neville G. Rochow,Brett G. Scharffs Pdf

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.

Author : Benjamin L. Berger
Publisher : University of Toronto Press
Page : 240 pages
File Size : 45,8 Mb
Release : 2016-01-28
Category : Law
ISBN : 9781442696396

Get Book

Law's Religion by Benjamin L. Berger Pdf

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.

Author : Silvio Ferrari,Mark Hill QC,Arif A Jamal,Rossella Bottoni
Publisher : Routledge
Page : 467 pages
File Size : 47,9 Mb
Release : 2020-11-29
Category : Law
ISBN : 9781351401951

Get Book

Routledge Handbook of Freedom of Religion or Belief by Silvio Ferrari,Mark Hill QC,Arif A Jamal,Rossella Bottoni Pdf

Freedom of religion is an issue of universal interest and scope. However, in the last two centuries at least, the philosophical, religious and legal terms of the question have been largely defined in the West. In an increasingly global world, widening our knowledge of this right’s roots in different cultural and legal systems becomes a priority. This Handbook seeks to attain this goal through a better understanding of the historical roots and expressions of the right to freedom of religion on the one hand and, on the other, of its theological background in different religious traditions. History and theology provide the setting for the analysis of the politics of freedom of religion, that is, how this right is used in the context of the dialogue/confrontation between countries placed in different cultural regions of the world, and of the legal strategies and tools that have been developed and are employed to protect and foster the right to freedom of religion. Behind these legal and political strategies, there is an ongoing debate about the nature of this right, whose main features are explored in the final section. Global, historical and interdisciplinary in approach, this book studies the new relevance of freedom of religion worldwide and develops suitable categories to analyze and understand the role that freedom of religion can play in managing religious and cultural diversity in our societies. Authored by experts, through the contributions collected in these chapters, scholars and students will be able to broaden and deepen their knowledge of the right to freedom of religion and to develop the ability to go beyond the borders of the different cultural environments in which this right took shape and developed.

Author : Marc O. DeGirolami
Publisher : Harvard University Press
Page : 362 pages
File Size : 49,7 Mb
Release : 2013-06-10
Category : Law
ISBN : 9780674074156

Get Book

The Tragedy of Religious Freedom by Marc O. DeGirolami Pdf

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.

Author : Anat Scolnicov
Publisher : Routledge
Page : 280 pages
File Size : 42,9 Mb
Release : 2010-10-18
Category : Law
ISBN : 9781136907050

Get Book

The Right to Religious Freedom in International Law by Anat Scolnicov Pdf

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.

Author : Jeroen Temperman
Publisher : BRILL
Page : 440 pages
File Size : 45,9 Mb
Release : 2010-05-17
Category : Law
ISBN : 9789004181496

Get Book

State–Religion Relationships and Human Rights Law by Jeroen Temperman Pdf

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 surround and 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.

Author : Richard Moon
Publisher : Essentials of Canadian Law
Page : 215 pages
File Size : 54,9 Mb
Release : 2014
Category : Law
ISBN : 1552213641

Get Book

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)

Author : Dwight Newman
Publisher : Unknown
Page : 128 pages
File Size : 41,7 Mb
Release : 2016-09
Category : Electronic
ISBN : 0433490543

Get Book

Religious Freedom and Communities by Dwight Newman Pdf

Author : Heiner Bielefeldt,Nazila Ghanea-Hercock,Michael Wiener
Publisher : Oxford University Press
Page : 701 pages
File Size : 55,5 Mb
Release : 2016
Category : Law
ISBN : 9780198703983

Get Book

Freedom of Religion Or Belief by Heiner Bielefeldt,Nazila Ghanea-Hercock,Michael Wiener Pdf

"Freedom of Religious or Belief: An International Law Commentary is the first commentary to look comprehensively at the international provisions for the protection of freedom of religion or belief, considering how they are interpreted by various United Nations Special Procedures and Treaty Bodies." -- Back cover.

Author : Anthony Bradney
Publisher : Burns & Oates
Page : 226 pages
File Size : 52,6 Mb
Release : 1993
Category : Law
ISBN : UOM:39015029888792

Get Book

Religions, Rights and Laws by Anthony Bradney Pdf

The central concern of this book is the interaction between the idea of religious freedom and the regulation of a modern state by laws. Hence it primarily addresses the structure of and reasons for the legal order rather than describing legal rules. It is a book about law rather than a mere law book. The author begins by examining the nature of religion, the differences between religious and secular philosophies and existing notions of rights. In Part 2 he illustrates the relationship between legal rules and religion by means of case studies: the laws applying the conscientious objection to trade union membership, religious education in schools, Sunday trading, religious slaughter, charities and blasphemy. Part 3 ponders the links between freedom of belief and freedom of practice, discusses the idea of legislation against religious discrimination and concludes with a discussion of the prospects for religious freedom under the law. Although practising and academic lawyers will obviously find this book useful, it will also be valued by students and teachers of religious studies, sociologists and philosophers.