Legal Responses To Religious Differences

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Legal Responses to Religious Differences

Peter William Edge
Legal Responses to Religious Differences Book PDF

Author : Peter William Edge
Publisher : BRILL
Page : 530 pages
File Size : 47,8 Mb
Release : 2021-10-25
Category : Law
ISBN : 9789004480827

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Legal Responses to Religious Differences by Peter William Edge Pdf

Until recently English law has lacked any specific, generally applicable, guarantees of religious rights. Thus, bodies of law have developed in particular areas where religious interests arise but without a common legal frame. The Human Rights Act 1998, however, has brought the guarantees of the European Convention on Human Rights, most specifically the guarantees of religious rights, non-discrimination, and education rights, more fully into English law. As well as showing how one legal system has engaged with international obligations in respect of religious rights, this text provides a valuable source for comparative study of religious interests in national jurisdictions. It explores the particular response of the English legal system when faced with religious difference, and considers the extent to which the Human Rights Act may produce significant legal change. The text is aimed specifically at both the legal and non-legal reader, and concludes with a discussion of how to use English legal sources, and an extensive bibliography.

Law's Religion

Benjamin L. Berger
Law s Religion Book PDF

Author : Benjamin L. Berger
Publisher : University of Toronto Press
Page : 240 pages
File Size : 45,5 Mb
Release : 2016-01-28
Category : Law
ISBN : 9781442696396

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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.

Legal Responses to Religious Practices in the United States

Austin Sarat
Legal Responses to Religious Practices in the United States Book PDF

Author : Austin Sarat
Publisher : Cambridge University Press
Page : 325 pages
File Size : 55,7 Mb
Release : 2012-09-10
Category : Law
ISBN : 9781139576970

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Legal Responses to Religious Practices in the United States by Austin Sarat Pdf

There is an enormous scholarly literature on law's treatment of religion. Most scholars now recognize that although the US Supreme Court has not offered a consistent interpretation of what 'non-establishment' or religious freedom means, as a general matter it can be said that the First Amendment requires that government not give preference to one religion over another or, although this is more controversial, to religion over non-belief. But these rules raise questions that will be addressed in Legal Responses to Religious Practices in the United States: namely, what practices constitute a 'religious activity' such that it cannot be supported or funded by government? And what is a religion, anyway? How should law understand matters of faith and accommodate religious practices?

A Test of Faith?

Marie-Claire Foblets,Katayoun Alidadi
A Test of Faith Book PDF

Author : Marie-Claire Foblets,Katayoun Alidadi
Publisher : Routledge
Page : 382 pages
File Size : 48,9 Mb
Release : 2016-03-16
Category : Law
ISBN : 9781317186373

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A Test of Faith? by Marie-Claire Foblets,Katayoun Alidadi Pdf

Issues of religious diversity in the workplace have become very topical and have been raised before domestic courts and the European Court of Human Rights. Examining the controversial and constantly evolving position of religion in the workplace, this collection brings together chapters by legal and social science scholars and provides a wealth of information on legal responses across Europe, Turkey and the United States to conflicts between professional and religious obligations involving employees and employers. The contributors examine how case law from the European Court of Human Rights, domestic experiences and comparative analyses can indicate trends and reveal established and innovative approaches. This multi-perspective volume will be relevant for legal practitioners, researchers, academics and policy-makers interested in human rights law, discrimination law, labour law and the intersection of law and religion.

Law and Religious Pluralism in Canada

Richard J. Moon
Law and Religious Pluralism in Canada Book PDF

Author : Richard J. Moon
Publisher : UBC Press
Page : 327 pages
File Size : 45,7 Mb
Release : 2009-05-01
Category : Religion
ISBN : 9780774858533

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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.

Current Issues in Law and Religion

Silvio Ferrari
Current Issues in Law and Religion Book PDF

Author : Silvio Ferrari
Publisher : Routledge
Page : 548 pages
File Size : 42,7 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351570282

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Current Issues in Law and Religion by Silvio Ferrari Pdf

This volume focuses on issues that have only recently come to the forefront of the discipline such as freedom from religion, ordination of homosexuals, apostasy, security and fundamentalism, issues that are linked to the common themes of secularism and globalization. Although these subjects are not new to the academic debate, they have become prominent in law and religion circles as a result of recent and rapid changes in society. The essays in this volume present multiple points of view, facilitate scholars in understanding this evolving discipline and act as a stimulus for further research.This collection gives the reader a sense of the key topics and current debates in law and religion and is of interest to law, politics, human rights, and religion scholars.

Religion and International Law

Robert Uerpmann-Wittzack,Evelyne Lagrange,Stefan Oeter
Religion and International Law Book PDF

Author : Robert Uerpmann-Wittzack,Evelyne Lagrange,Stefan Oeter
Publisher : BRILL
Page : 397 pages
File Size : 46,6 Mb
Release : 2018-08-23
Category : Law
ISBN : 9789004349155

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Religion and International Law by Robert Uerpmann-Wittzack,Evelyne Lagrange,Stefan Oeter Pdf

Living together explores international law responses to the challenges of growing religious antagonisms. Building on historic concepts, it looks at the role of religious institutions and religious law before examining the contribution of human rights bodies and particular human rights.

Law, Religious Freedoms and Education in Europe

Myriam Hunter-Henin
Law Religious Freedoms and Education in Europe Book PDF

Author : Myriam Hunter-Henin
Publisher : Routledge
Page : 410 pages
File Size : 51,5 Mb
Release : 2016-04-22
Category : Political Science
ISBN : 9781317107354

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Law, Religious Freedoms and Education in Europe by Myriam Hunter-Henin Pdf

This collection considers how contemporary cultural and religious diversity challenges and redefines national constitutional and legal frameworks and concepts, within the context of education. It offers a critical reflection on the extent and meanings given to religious freedom in education across Europe. The contributions deal primarily with Western Europe although the book also includes a study of the US vibrant debates on Creationism. This volume considers issues such as religious expression, faith schooling and worship in schools, in a multidisciplinary and comparative approach. The book first examines key concepts, before presenting national models of religion and education in Europe and analyzing case studies relating to religious symbols worn at school and to the teaching of religious education. Legal questions are examined in a wider context, in the light of the intentions of state policy and of current national and transnational debates. Controversies on the legal implications of personal and national identities are for example analyzed. From a comparative perspective, the chapters examine the possible converging power of human rights and anti-discrimination discourses and reveal the difficulties and risks involved in seeking to identify the best model for Europe. This topical study of a highly sensitive area of education presents a valuable insight for students, researchers and academics with an interest in cultural and religious diversity, human rights and education.

Defending American Religious Neutrality

Andrew Koppelman
Defending American Religious Neutrality Book PDF

Author : Andrew Koppelman
Publisher : Harvard University Press
Page : 316 pages
File Size : 48,6 Mb
Release : 2013-01-01
Category : Law
ISBN : 9780674071070

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Defending American Religious Neutrality by Andrew Koppelman Pdf

Although it is often charged with hostility toward religion, First Amendment doctrine in fact treats religion as a distinctive human good. It insists, however, that this good be understood abstractly, without the state taking sides on any theological question. Here, a leading scholar of constitutional law explains the logic of this uniquely American form of neutrality—more religion-centered than liberal theorists propose, and less overtly theistic than conservatives advocate. The First Amendment’s guarantee of freedom of religion is under threat. Growing numbers of critics, including a near-majority of the Supreme Court, seem ready to cast aside the ideal of American religious neutrality. Andrew Koppelman defends that ideal and explains why protecting religion from political manipulation is imperative in an America of growing religious diversity. Understanding American religious neutrality, Koppelman shows, can explain some familiar puzzles. How can Bible reading in public schools be impermissible while legislative sessions begin with prayers, Christmas is an official holiday, and the words “under God” appear in the Pledge of Allegiance? Are faith-based social services, public financing of religious schools, or the teaching of intelligent design constitutional? Combining legal, historical, and philosophical analysis, Koppelman shows how law coherently navigates these conundrums. He explains why laws must have a secular legislative purpose, why old, but not new, ceremonial acknowledgments of religion are permitted, and why it is fair to give religion special treatment.

Religious Freedom in the Liberal State

Rex Ahdar,Ian Leigh
Religious Freedom in the Liberal State Book PDF

Author : Rex Ahdar,Ian Leigh
Publisher : OUP Oxford
Page : 528 pages
File Size : 50,7 Mb
Release : 2013-03-21
Category : Law
ISBN : 9780191648717

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Religious Freedom in the Liberal State by Rex Ahdar,Ian Leigh Pdf

Examining the law and public policy relating to religious liberty in Western liberal democracies, this book contains a detailed analysis of the history, rationale, scope, and limits of religious freedom from (but not restricted to) an evangelical Christian perspective. Focussing on United Kingdom, the United States, Canada, New Zealand, Australia, and EU, it studies the interaction between law and religion at several different levels, looking at the key debates that have arisen. Divided into three parts, the book begins by contrasting the liberal and Christian rationales for and understandings of religious freedom. It then explores central thematic issues: the types of constitutional frameworks within which any right to religious exercise must operate; the varieties of paradigmatic relationships between organized religion and the state; the meaning of 'religion'; the limitations upon individual and institutional religious behaviour; and the domestic and international legal mechanisms that have evolved to address religious conduct. The final part explores key subject areas where current religious freedom controversies have arisen: employment; education; parental rights and childrearing; controls on pro-religious and anti-religious expression; medical treatment; and religious group (church) autonomy. This new edition is fully updated with the growing case law in the area, and features increased coverage of Islam and the flashpoint debates surrounding the accommodation of Muslim beliefs and practices in Anglophone nations.

Engaging Cultural Differences

Richard A., Shweder,Martha Minow,Hazel Rose Markus
Engaging Cultural Differences Book PDF

Author : Richard A., Shweder,Martha Minow,Hazel Rose Markus
Publisher : Russell Sage Foundation
Page : 504 pages
File Size : 44,7 Mb
Release : 2002-06-27
Category : Social Science
ISBN : 9781610445009

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Engaging Cultural Differences by Richard A., Shweder,Martha Minow,Hazel Rose Markus Pdf

Liberal democracies are based on principles of inclusion and tolerance. But how does the principle of tolerance work in practice in countries such as Germany, France, India, South Africa, and the United States, where an increasingly wide range of cultural groups holds often contradictory beliefs about appropriate social and family life practices? As these democracies expand to include peoples of vastly different cultural backgrounds, the limits of tolerance are being tested as never before. Engaging Cultural Differences explores how liberal democracies respond socially and legally to differences in the cultural and religious practices of their minority groups. Building on such examples, the contributors examine the role of tolerance in practical encounters between state officials and immigrants, and between members of longstanding majority groups and increasing numbers of minority groups. The volume also considers the theoretical implications of expanding the realm of tolerance. Some contributors are reluctant to broaden the scope of tolerance, while others insist that the notion of "tolerance" is itself potentially confining and demeaning and that modern nations should aspire to celebrate cultural differences. Coming to terms with ethnic diversity and cultural differences has become a major public policy concern in contemporary liberal democracies, as they struggle to adjust to burgeoning immigrant populations. Engaging Cultural Differences provides a compelling examination of the challenges of multiculturalism and reveals a deep understanding of the challenges democracies face as they seek to accommodate their citizens' diverse beliefs and practices.

The Right of the Child to Religious Freedom in International Law

Sylvie Langlaude
The Right of the Child to Religious Freedom in International Law Book PDF

Author : Sylvie Langlaude
Publisher : Martinus Nijhoff Publishers
Page : 322 pages
File Size : 42,9 Mb
Release : 2007
Category : Law
ISBN : 9789004162662

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The Right of the Child to Religious Freedom in International Law by Sylvie Langlaude Pdf

Religious children -- A model of the right of the child to religious freedom -- The ICCPR -- The UNCRC -- The special rapporteur -- The ECHR

Islam, Law and the Modern State

Arif A. Jamal
Islam Law and the Modern State Book PDF

Author : Arif A. Jamal
Publisher : Routledge
Page : 150 pages
File Size : 41,7 Mb
Release : 2018-03-14
Category : Law
ISBN : 9781315466798

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Islam, Law and the Modern State by Arif A. Jamal Pdf

Within the global phenomenon of the (re)emergence of religion into issues of public debate, one of the most salient issues confronting contemporary Muslim societies is how to relate the legal and political heritage that developed in pre-modern Islamic polities to the political order of the modern states in which Muslims now live. This work seeks to develop a framework for addressing this issue. The central argument is that liberal theory, and in particular justice as discourse, can be normatively useful in Muslim contexts for relating religion, law and state. Just as Muslim contexts have developed historically, and continue to develop today, the same is the case with the requisites of liberal theory, and this may allow for liberal choices to be made in a manner that is not a renunciation of Muslim heritage.

Religious Exemptions

Kevin Vallier,Michael E. Weber
Religious Exemptions Book PDF

Author : Kevin Vallier,Michael E. Weber
Publisher : Oxford University Press
Page : 329 pages
File Size : 45,6 Mb
Release : 2018
Category : Law
ISBN : 9780190666187

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Religious Exemptions by Kevin Vallier,Michael E. Weber Pdf

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.

Legal Responses to Religious Practices in the United States

Austin Sarat
Legal Responses to Religious Practices in the United States Book PDF

Author : Austin Sarat
Publisher : Unknown
Page : 326 pages
File Size : 50,6 Mb
Release : 2012
Category : Freedom of religion
ISBN : 1139579592

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Legal Responses to Religious Practices in the United States by Austin Sarat Pdf

This book questions what practices constitute a 'religious activity' such that it cannot be supported or funded by government.