Religion Law And Democracy

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Religion, Law, and Democracy

Ernst-Wolfgang Böckenförde
Religion Law and Democracy Book PDF

Author : Ernst-Wolfgang Böckenförde
Publisher : Oxford University Press
Page : 480 pages
File Size : 48,8 Mb
Release : 2020-11-19
Category : Law
ISBN : 9780192550613

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Religion, Law, and Democracy by Ernst-Wolfgang Böckenförde Pdf

Ernst-Wolfgang Böckenförde (1930-2019) was one of Europe's foremost legal scholars and political thinkers. As a scholar of constitutional law and a judge on Germany's Federal Constitutional Court (1983-1996), Böckenförde was a major contributor to contemporary debates in legal and political theory, to the conceptual framework of the modern state and its presuppositions, and to contested political issues such as the constitutional status of the state of emergency, citizenship rights, bioethical politics, and the challenges of European integration. His writings have shaped not only academic but also wider public debates from the 1950s to the present, to an extent that few European scholars can match. As a federal constitutional judge and holder of a trusted public office, Böckenförde has influenced the way academics and citizens think about law and politics. During his tenure on the Court, several path-breaking decisions for the Federal Republic of Germany were handed down, including decisions on the deployment of missiles, the law on political parties, the regulation of abortion, and the process of European integration. This second volume in the first representative edition in English of Böckenförde's writings brings together his essays on religion, law, and democracy. The volume is organized in five sections: I. the Catholic Church and Political Order; II. State and Secularity; III. the Theology of Law and its Relation to Political Theory; IV. Norms and the Principle of Human Dignity; and V. Excerpts from a biographical interview. Sections I, II, III, and IV are preceded by an editors' introduction to the articles as well as running editorial commentary to the work.

Religion, Secularism, and Constitutional Democracy

Jean L. Cohen,Cécile Laborde
Religion Secularism and Constitutional Democracy Book PDF

Author : Jean L. Cohen,Cécile Laborde
Publisher : Columbia University Press
Page : 465 pages
File Size : 48,5 Mb
Release : 2015-12-22
Category : Religion
ISBN : 9780231540735

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Religion, Secularism, and Constitutional Democracy by Jean L. Cohen,Cécile Laborde Pdf

Polarization between political religionists and militant secularists on both sides of the Atlantic is on the rise. Critically engaging with traditional secularism and religious accommodationism, this collection introduces a constitutional secularism that robustly meets contemporary challenges. It identifies which connections between religion and the state are compatible with the liberal, republican, and democratic principles of constitutional democracy and assesses the success of their implementation in the birthplace of political secularism: the United States and Western Europe. Approaching this issue from philosophical, legal, historical, political, and sociological perspectives, the contributors wage a thorough defense of their project's theoretical and institutional legitimacy. Their work brings fresh insight to debates over the balance of human rights and religious freedom, the proper definition of a nonestablishment norm, and the relationship between sovereignty and legal pluralism. They discuss the genealogy of and tensions involving international legal rights to religious freedom, religious symbols in public spaces, religious arguments in public debates, the jurisdiction of religious authorities in personal law, and the dilemmas of religious accommodation in national constitutions and public policy when it violates international human rights agreements or liberal-democratic principles. If we profoundly rethink the concepts of religion and secularism, these thinkers argue, a principled adjudication of competing claims becomes possible.

Reconsidering Religion, Law, and Democracy

Anna-Sara Lind,Mia Lövheim,Ulf Zackariasson
Reconsidering Religion Law and Democracy Book PDF

Author : Anna-Sara Lind,Mia Lövheim,Ulf Zackariasson
Publisher : Nordic Academic Press
Page : 270 pages
File Size : 47,7 Mb
Release : 2016-01-05
Category : Religion
ISBN : 9789188168306

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Reconsidering Religion, Law, and Democracy by Anna-Sara Lind,Mia Lövheim,Ulf Zackariasson Pdf

How are Western, mostly secular, societies handling religion in its increasingly pluralistic and complex forms? What different forms of interactions between and negotiations of religion and religious beliefs can we see in contemporary society? What are the primary contenders in these interactions and negotiations? The authors of Religion, Law and Democracy give ample examples of a variety of interaction processes between different expressions of religion and different spheres of society, such as the media, the judicial systems and state administration and policy. The authors primarily approach these questions from a North European but also to some extent a global perspective. A common denominator is a dynamic perspective on the relation between religious organizations, society and the individual actors - in other words how all of these levels are interconnected and transformed in these processes.

Why Religious Freedom Matters for Democracy

Myriam Hunter-Henin
Why Religious Freedom Matters for Democracy Book PDF

Author : Myriam Hunter-Henin
Publisher : Bloomsbury Publishing
Page : 160 pages
File Size : 46,9 Mb
Release : 2020-06-11
Category : Law
ISBN : 9781509904761

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Why Religious Freedom Matters for Democracy by Myriam Hunter-Henin Pdf

Should an employee be allowed to wear a religious symbol at work? Should a religious employer be allowed to impose constraints on employees' private lives for the sake of enforcing a religious work ethos? Should an employee or service provider be allowed, on religious grounds, to refuse to work with customers of the opposite sex or of a same-sex sexual orientation? This book explores how judges decide these issues and defends a democratic approach, which is conducive to a more democratic understanding of our vivre ensemble. The normative democratic approach proposed in this book is grounded on a sociological and historical analysis of two national stories of the relationships between law, religion, diversity and the State, the British (mainly English) and the French stories. The book then puts the democratic paradigm to the test, by looking at cases involving clashes between religious freedoms and competing rights in the workplace. Contrary to the current alternative between the “accommodationist view”, which defers to religious requests, and the “analogous” view, which undermines the importance of religious freedom for pluralism, this book offers a third way. It fills a gap in the literature on the relationships between law and religious freedoms and provides guidelines for judges confronted with difficult cases.

Constitution Writing, Religion and Democracy

Aslı Ü. Bâli,Hanna Lerner
Constitution Writing Religion and Democracy Book PDF

Author : Aslı Ü. Bâli,Hanna Lerner
Publisher : Cambridge University Press
Page : 0 pages
File Size : 41,8 Mb
Release : 2018-06-21
Category : Law
ISBN : 110769454X

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Constitution Writing, Religion and Democracy by Aslı Ü. Bâli,Hanna Lerner Pdf

What role do and should constitutions play in mitigating intense disagreements over the religious character of a state? And what kind of constitutional solutions might reconcile democracy with the type of religious demands raised in contemporary democratising or democratic states? Tensions over religion-state relations are gaining increasing salience in constitution writing and rewriting around the world. This book explores the challenge of crafting a democratic constitution under conditions of deep disagreement over a state's religious or secular identity. It draws on a broad range of relevant case studies of past and current constitutional debates in Europe, Asia, Africa and the Middle East, and offers valuable lessons for societies soon to embark on constitution drafting or amendment processes where religion is an issue of contention.

Democracy, Law and Religious Pluralism in Europe

Ferran Requejo,Camil Ungureanu
Democracy Law and Religious Pluralism in Europe Book PDF

Author : Ferran Requejo,Camil Ungureanu
Publisher : Routledge
Page : 252 pages
File Size : 42,5 Mb
Release : 2014-09-15
Category : Political Science
ISBN : 9781317637271

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Democracy, Law and Religious Pluralism in Europe by Ferran Requejo,Camil Ungureanu Pdf

In contrast with the progressive dilution of religions predicted by traditional liberal and Marxist approaches, religions remain important for many people, even in Europe, the most secularised continent. In the context of increasingly culturally diverse societies, this calls for a reinterpretation of the secular legacy of the Enlightenment and also for an updating of democratic institutions. This book focuses on a central question: are the classical secularist arrangements well equipped to tackle the challenge of fast-growing religious pluralism? Or should we move to new post-secular arrangements when dealing with pluralism in Europe? Offering an interdisciplinary approach that combines political theory and legal analysis, the authors tackle two interrelated facets of this controversial question. They begin by exploring the theoretical perspective, asking what post-secularism is and looking at its relation to secularism. The practical consequences of this debate are then examined, focusing on case-law through four empirical case studies. This book will be of interest to students and scholars of political theory, philosophy, religion and politics, European law, human rights, legal theory and socio-legal studies.

Religion, Politics, and Law

Peter Lodberg
Religion Politics and Law Book PDF

Author : Peter Lodberg
Publisher : Unknown
Page : 196 pages
File Size : 40,5 Mb
Release : 2009
Category : History
ISBN : STANFORD:36105124106779

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Religion, Politics, and Law by Peter Lodberg Pdf

The relationship between religion, politics, and law represents, one of the most important issues in contemporary discussions on the worlds future. While global changes and political conflicts in many parts of the world demand serious reflection about the role of religion in politics and in public discourse, the study of religion in post-secular societies calls for reflections about the normative role of religion in politics and law. Through the contributions of scholars in the disciplines of theology, the science of religion, and political science, this volume presents an absorbing analysis of democracy, politics, and law, drawing upon the works of John Rawls, Jfirgen Haberman, Max Horkheimer, Michel Foucault and Theodor W Adorno. Such topics as Islam and democracy are addressed, in addition to the report by the European Council on Fatwa and Research and specific issues in which churches have been involved in political conflicts. Case studies on communism, nazism, and apartheid, for example, are also presented, and finally the question is addressed of how inter-religious dialogue can function in secular societies in relation to the Danish cartoon crisis.

Constitutionalism, Democracy and Religious Freedom

Hans-Martien ten Napel
Constitutionalism Democracy and Religious Freedom Book PDF

Author : Hans-Martien ten Napel
Publisher : Taylor & Francis
Page : 170 pages
File Size : 42,6 Mb
Release : 2017-05-18
Category : Law
ISBN : 9781317236917

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Constitutionalism, Democracy and Religious Freedom by Hans-Martien ten Napel Pdf

In both Europe and North America it can be argued that the associational and institutional dimensions of the right to freedom of religion or belief are increasingly coming under pressure. This book demonstrates why a more classical understanding of the idea of a liberal democracy can allow for greater respect for the right to freedom of religion or belief. The book examines the major direction in which liberal democracy has developed over the last fifty years and contends that this is not the most legitimate type of liberal democracy for religiously divided societies. Drawing on theoretical developments in the field of transnational constitutionalism, Hans-Martien ten Napel argues that redirecting the concept and practice of liberal democracy toward the more classical notion of limited, constitutional government, with a considerable degree of autonomy for civil society organizations would allow greater religious pluralism. The book shows how, in a postsecular and multicultural context, modern sources of constitutionalism and democracy, supplemented by premodern, transcendental legitimation, continue to provide the best means of legitimating Western constitutional and political orders.

Equality, Freedom, and Religion

Roger Trigg
Equality Freedom and Religion Book PDF

Author : Roger Trigg
Publisher : Oxford University Press
Page : 128 pages
File Size : 47,8 Mb
Release : 2012-01-05
Category : Religion
ISBN : 9780191613371

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Equality, Freedom, and Religion by Roger Trigg Pdf

Is religious freedom being curtailed in pursuit of equality, and the outlawing of discrimination? Is enough effort made to accommodate those motivated by a religious conscience? All rights matter but at times the right to put religious beliefs into practice increasingly takes second place in the law of different countries to the pursuit of other social priorities. The right to freedom of belief and to manifest belief is written into all human rights charters. In the United States religious freedom is sometimes seen as 'the first freedom'. Yet increasingly in many jurisdictions in Europe and North America, religious freedom can all too easily be 'trumped' by other rights. Roger Trigg looks at the assumptions that lie behind the subordination of religious liberty to other social concerns, especially the pursuit of equality. He gives examples from different Western countries of a steady erosion of freedom of religion. The protection of freedom of worship is often seen as sufficient, and religious practices are separated from the beliefs which inspire them. So far from religion in general, and Christianity in particular, providing a foundation for our beliefs in human dignity and human rights, religion is all too often seen as threat and a source of conflict, to be controlled at all costs. The challenge is whether any freedom can preserved for long, if the basic human right to freedom of religious belief and practice is dismissed as of little account, with no attempt to provide any reasonable accommodation. Given the central role of religion in human life, unnecessary limitations on its expression are attacks on human freedom itself.

Israel's Higher Law

Steven V. Mazie
Israel s Higher Law Book PDF

Author : Steven V. Mazie
Publisher : Lexington Books
Page : 333 pages
File Size : 47,6 Mb
Release : 2006-04-07
Category : Political Science
ISBN : 9780739156643

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Israel's Higher Law by Steven V. Mazie Pdf

In Israel's Higher Law, Steven V. Mazie sheds new light on the relationship between liberalism and religion through a detailed assessment of the Jewish state. Drawing on in-depth interviews with Israeli citizens, this compelling work scrutinizes the ways in which Israelis conceptualize and debate their polity's religion-state arrangement.

Constitutionalism and Religion

Francois Venter
Constitutionalism and Religion Book PDF

Author : Francois Venter
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 41,9 Mb
Release : 2015-10-30
Category : Law
ISBN : 9781785361623

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Constitutionalism and Religion by Francois Venter Pdf

This topical book examines how the goals of constitutionalism – good and fair government – are addressed at a time when the multi-religious composition of countries’ populations has never before been so pronounced. How should governments, courts and officials deal with this diversity? The widely accepted principle of treating others as you wish them to treat you and the universal recognition of human dignity speak against preferential treatment of any religion. Faced with severe challenges, this leads many authorities to seek refuge in secular neutrality. Set against the backdrop of globalized constitutionalism in a post-secular era, Francois Venter proposes engaged objectivity as an alternative to unachievable neutrality. Bringing together the history of church and state, the emergence of contemporary constitutionalism, constitutional comparison and the realities of globalization, this book offers a fresh perspective on the direction in which solutions to difficulties brought about by religious pluralism might be sought. Its wide-ranging comparative analyses and perspectives based on materials published in various languages provide a clear exposition of the range of religious issues with which the contemporary state is increasingly being confronted. Providing a compact but thorough historical and theoretical exposition, this book is an invaluable resource for students, constitutional scholars, judges and legal practitioners.

Democracy

Eugene Cotran,Adel Omar Sherif
Democracy Book PDF

Author : Eugene Cotran,Adel Omar Sherif
Publisher : BRILL
Page : 620 pages
File Size : 41,7 Mb
Release : 1999-01-01
Category : Religion
ISBN : 9041111859

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Democracy by Eugene Cotran,Adel Omar Sherif Pdf

This important collection of articles, contributed by eminent scholars, judges & legal practitioners, addresses the fundamental issues of human rights, democracy, the rule of law & Islam. It covers a broad & diverse range of topics & discusses key issues & questions such as: . What lessons should emerging democracies learn from mature democracies in the promotion of human rights & respect for the rule of law? . Are democratic processes & human rights standards in the developed world really models that should be adopted by developing countries? . How are human rights protected in Islam & the Middle East? . What is Islamic constitutionalism & how does Islamic law provide for a democratic system of government? The book argues that the development of the rule of law, democracy & respect for human rights should be a process of interaction & integration on a global scale. In addition, it stresses that the integration of previously closed societies into the process of globalisation must take into account the indigenous traditions already existing in such societies, & the extent to which they will contribute to, & benefit from, the process as a whole.

Religion, Law and the Politics of Ethical Diversity

Claude Proeschel,David Koussens,Francesco Piraino
Religion Law and the Politics of Ethical Diversity Book PDF

Author : Claude Proeschel,David Koussens,Francesco Piraino
Publisher : Routledge
Page : 138 pages
File Size : 48,8 Mb
Release : 2021-03-31
Category : Political Science
ISBN : 9781000372557

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Religion, Law and the Politics of Ethical Diversity by Claude Proeschel,David Koussens,Francesco Piraino Pdf

This book provides a multidisciplinary and comparative look at the contemporary phenomenon of conscientious objection or contestation in the name of religion and examines the key issues that emerge in terms of citizenship and democracy. These are analysed by looking at the different ways of challenging or contesting a legal obligation on the grounds of religious beliefs and convictions. The authors focus on the meaning of conscientious objection which asserts the legitimacy of convictions — in particular religious convictions — in determining the personal or collective relevance of the law and of public action. The book begins by examining the main theoretical issues underlying conscientious objection, exploring the implications of the protection of freedom of conscience, the place of religion in the secular public sphere, and the recognition and respect of ethical pluralism in society. It then focuses on the question of exemptions and contestations of civil norms, using a multidisciplinary approach to highlight the multiple and diverse issues surrounding them, as well as the motives behind them. This book will be of great interest to scholars, specialists, and graduate and advanced undergraduate students who are interested in issues of religious diversity. Researchers and policymakers in think-tanks, NGOs and government units will find the volume useful in helping to identify key issues in understanding the phenomenon of conscientious objection and its implications in managing ethical diversity in contemporary societies.

Religious Ideas in Liberal Democratic States

Jasper Doomen,Mirjam van Schaik
Religious Ideas in Liberal Democratic States Book PDF

Author : Jasper Doomen,Mirjam van Schaik
Publisher : Rowman & Littlefield
Page : 207 pages
File Size : 55,9 Mb
Release : 2021-07-29
Category : Religion
ISBN : 9781793618399

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Religious Ideas in Liberal Democratic States by Jasper Doomen,Mirjam van Schaik Pdf

Religious Ideas in Liberal Democratic States adds new context to the ongoing debate over the scope of religious freedom, drawing from a variety of perspectives to discuss the meaning of religion itself within a democratic state. This book argues that categorizing religion as a solely private affair is too narrow an interpretation and questions whether ideas like freedom, human dignity, and equality can be truly actualized in a neutral and secular state. Contributors explore the impact of religion, acknowledged or not, on legislation, human rights, and group rights through legal, historical, and sociological lenses. Scholars of constitutional law, jurisprudence, international law, and political science will find this book particularly useful.

World Religions and Democracy

Larry Diamond,Marc F. Plattner,Philip J. Costopoulos
World Religions and Democracy Book PDF

Author : Larry Diamond,Marc F. Plattner,Philip J. Costopoulos
Publisher : JHU Press
Page : 296 pages
File Size : 52,9 Mb
Release : 2005-03-02
Category : Political Science
ISBN : 0801880807

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World Religions and Democracy by Larry Diamond,Marc F. Plattner,Philip J. Costopoulos Pdf

Can religion be compatible with liberal democracy? World Religions and Democracy brings together insights from renowned scholars and world leaders in a provocative and timely discussion of religions' role in the success or failure of democracy. An essay by Alfred Stepan outlines the concept of "twin tolerations" and differentiation, and creates a template that can be applied to all of the religion-democracy relationships observed and analyzed throughout the volume. "Twin tolerations" means that there is a clear distinction and a mutual respect between political authorities and religious leaders and bodies. When true differentiation is accomplished, the religious sector enjoys freedom of activity and the ability to peacefully influence its members but does not wield direct political power. A country's ability to implement the principle of differentiation directly affects the successful development of democracy. Part two focuses on eastern religions—Confucianism, Hinduism, and Buddhism—and includes contributions from Nobel Prize winner Aung San Suu Kyi and His Holiness the Dalai Lama. The third part addresses democracy in relationship to Judaism and the three branches of Christianity—Catholicism, Protestantism, and Eastern Orthodoxy. Sociologist Peter Berger offers a global perspective of Christianity and democracy. The volume's final section discusses what is perhaps the most challenging example of the struggling relationship between religion and democracy today: Islam and the governments of the Muslim nations. Abdou Filali-Ansary, Bernard Lewis, and others present a comprehensive exploration of Muslim thought and faith in an increasingly secular, modern world. It is in this volatile political and religious climate that solutions are most urgently needed but also most elusive. Contributors: Alfred Stepan, Hahm Chaibong, Francis Fukuyama, Pratap Mehta, His Holiness the Dalai Lama, Aung San Suu Kyi, Hillel Fradkin, Daniel Philpott, Tim Shah, Robert Woodberry, Elizabeth Prodromou, Peter Berger, Abdou Filali-Ansary, Bernard Lewis, Robin Wright, Abdelwahab El-Affendi, Radwan A. Masmoudi, Laith Kubba, Ladan Boroumand, Roya Boroumand.