Religious Freedom And The Neutrality Of The State

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Liberal Neutrality and State Support for Religion

Leni Franken
Liberal Neutrality and State Support for Religion Book PDF

Author : Leni Franken
Publisher : Springer
Page : 211 pages
File Size : 40,8 Mb
Release : 2016-05-18
Category : Philosophy
ISBN : 9783319289441

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Liberal Neutrality and State Support for Religion by Leni Franken Pdf

This book focuses on the financing of religions, examining some European church-state models, using a philosophical methodology. The work defends autonomy-based liberalism and elaborates how this liberalism can meet the requirements of liberal neutrality. The chapters also explore religious education and the financing of institutionalized religion. This volume collates the work of top scholars in the field. Starting from the idea that autonomy-based liberalism is an adequate framework for the requirement of liberal neutrality, the author elaborates why a liberal state can support religions and how she should do this, without violating the principle of neutrality. Taking into account the principle of religious freedom and the separation of church and state, this work explores which criteria the state should take into account when she actively supports religions, faith-based schools and religious education. A number of concrete church-state models, including hands-off, religious accommodation and the state church are evaluated, and the book gives some recommendations in order to optimize those church-state models, where needed. Practitioners and scholars of politics, law, philosophy and education, especially religious education, will find this work of particular interest as it has useful guidelines on policies and practices, as well as studies of church-state models.

Religious Freedom and the Neutrality of the State

W. A. R. Shadid,P. Sj. van Koningsveld
Religious Freedom and the Neutrality of the State Book PDF

Author : W. A. R. Shadid,P. Sj. van Koningsveld
Publisher : Peeters Publishers
Page : 232 pages
File Size : 41,9 Mb
Release : 2002
Category : Freedom of religion
ISBN : 9042910895

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Religious Freedom and the Neutrality of the State by W. A. R. Shadid,P. Sj. van Koningsveld Pdf

The permanent presence of Islam and Muslims is a comparatively recent phenomenon in most countries of the European Union. Over the last few decades many initiatives have been launched by Muslim communities in the European Union to create infrastructural provisions for their religious life, within the existing legal and social frameworks. In fact, all countries of the European Union share the principles of religious freedom and non-discrimination in their respective Constitutions. However, the precise way in which these principles are interpreted and applied to Islam depends largely on the historical traditions concerning the relation between State and Religion, which differ from one country to another. These differences are reflected in recent developments in the communication between the States and their Muslim communities, both at national, regional and municipal levels. They are also reflected in recent developments in legislation and jurisprudence concerning the most essential Islamic core-values, such as dietary laws, the precepts on modest dress, Islamic burial practices and the possibilities to found Islamic cemeteries, as well as the observance of Friday prayers and annual holidays. Looking at the legal position of Islam in the countries of the European Union, the authors of this volume discuss the challenges posed by the presence of Islam to the Western European system of relationships between law and religion. They argue, that these challenges necessitate reforms within the relevant European legislation, but differ as to their precise nature. They also discuss the difficulties of this task, as these adjustments will alter a longstanding balance of rights and privileges recognised by different religious denominations. Legal reforms, however, are not sufficient. The creation of a truly multicultural Europe also necessitates fighting against the negative image of Islam and Muslims (anti-Muslimism or Islamophobia) prevailing in most of its member states.

Freedom of Religion Or Belief

Danny Schäfer,Corinna Schwarzer
Freedom of Religion Or Belief Book PDF

Author : Danny Schäfer,Corinna Schwarzer
Publisher : LIT Verlag Münster
Page : 219 pages
File Size : 53,7 Mb
Release : 2012
Category : Political Science
ISBN : 9783643998644

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Freedom of Religion Or Belief by Danny Schäfer,Corinna Schwarzer Pdf

The European Federation of Centers of Research and Information on Sectarianism (FECRIS) unites 25 European organizations to fight against minorities of religion or beliefs that they label as sects. This book focuses on the FECRIS member associations in five European countries: France, the cradle of laicite; Austria and Germany, where public powers and dominant churches lead a common struggle against sects; and Serbia and Russia, two Orthodox countries in which FECRIS member associations include Orthodox missionary departments. Can their activities be reconciled with the public funding granted to FECRIS and its affiliates, as well as the international standards to guarantee freedom of religion and belief? This is the question addressed in this volume. (Series: Religion - State - Society / Religion - Staat - Gesellschaft. Journal for the Study of Beliefs and Worldviews)

State–Religion Relationships and Human Rights Law

Jeroen Temperman
State Religion Relationships and Human Rights Law Book PDF

Author : Jeroen Temperman
Publisher : BRILL
Page : 440 pages
File Size : 49,9 Mb
Release : 2010-05-17
Category : Law
ISBN : 9789004181496

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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.

Defending American Religious Neutrality

Andrew Koppelman
Defending American Religious Neutrality Book PDF

Author : Andrew Koppelman
Publisher : Harvard University Press
Page : 316 pages
File Size : 42,6 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.

State Neutrality

Kerry O'Halloran
State Neutrality Book PDF

Author : Kerry O'Halloran
Publisher : Cambridge University Press
Page : 529 pages
File Size : 51,8 Mb
Release : 2021-01-21
Category : Law
ISBN : 9781108481595

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State Neutrality by Kerry O'Halloran Pdf

O'Halloran provides a comparative evaluation of contemporary law as it relates to religion in six developed nations.

Religious Freedom in the Liberal State

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

Author : Rex Ahdar,Ian Leigh
Publisher : Oxford University Press
Page : 528 pages
File Size : 45,8 Mb
Release : 2013-03-21
Category : Law
ISBN : 9780199606474

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

Rex Ahdar and Ian Leigh present a critique of how religious freedom should be understood in liberal legal systems, based on historical and contemporary controversies.

Religious Freedom in Secular States

Md. Jahid Hossain Bhuiyan,Ann Black
Religious Freedom in Secular States Book PDF

Author : Md. Jahid Hossain Bhuiyan,Ann Black
Publisher : BRILL
Page : 310 pages
File Size : 50,8 Mb
Release : 2022-08-29
Category : Law
ISBN : 9789004449961

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Religious Freedom in Secular States by Md. Jahid Hossain Bhuiyan,Ann Black Pdf

What constitutes the core values, tenets, cultural, historic, and ideological parameters of secularism in international contexts? In twelve chapters, this edited work examines current tensions in liberal secular states where myriad rights and freedoms compete regarding education, healthcare, end-of-life choices, clothing, sexual orientation, reproduction, and minority interests.

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 : 43,7 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.

Church, State, and Freedom

Leo Pfeffer
Church State and Freedom Book PDF

Author : Leo Pfeffer
Publisher : Wipf and Stock Publishers
Page : 848 pages
File Size : 53,9 Mb
Release : 2018-05-02
Category : History
ISBN : 9781532644528

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Church, State, and Freedom by Leo Pfeffer Pdf

“I believe that complete separation of church and state is one of those miraculous things which can be best for religion and best for the state, and the best for those who are religious and those who are not religious.” – Leo Pfeffer Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof. These sixteen words epitomize a radical experiment unique in human history . . . It is the purpose of this book to examine how this experiment came to be made, what are the implications and consequences of its application to democratic living in America today, and what are the forces seeking to frustrate and defeat that experiment. (From the Foreword)

Religion-State Relations in the United States and Germany

Claudia E. Haupt
Religion State Relations in the United States and Germany Book PDF

Author : Claudia E. Haupt
Publisher : Cambridge University Press
Page : 221 pages
File Size : 51,5 Mb
Release : 2011-12-08
Category : Law
ISBN : 9781139505406

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Religion-State Relations in the United States and Germany by Claudia E. Haupt Pdf

This comparative analysis of the constitutional law of religion-state relations in the United States and Germany focuses on the principle of state neutrality. A strong emphasis on state neutrality, a notoriously ambiguous concept, is a shared feature in the constitutional jurisprudence of the US Supreme Court and the German Federal Constitutional Court, but neutrality does not have the same meaning in both systems. In Germany neutrality tends to indicate more distance between church and state, whereas the opposite is the case in the United States. Neutrality also has other meanings in both systems, making straightforward comparison more difficult than it might seem. Although the underlying trajectory of neutrality is different in both countries, the discussion of neutrality breaks down into largely parallel themes. By examining those themes in a comparative perspective, the meaning of state neutrality in religion-state relations can be delineated.

Religion and the Exercise of Public Authority

Benjamin L Berger,Richard Moon
Religion and the Exercise of Public Authority Book PDF

Author : Benjamin L Berger,Richard Moon
Publisher : Bloomsbury Publishing
Page : 302 pages
File Size : 43,5 Mb
Release : 2016-06-16
Category : Law
ISBN : 9781509906475

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Religion and the Exercise of Public Authority by Benjamin L Berger,Richard Moon Pdf

In the burgeoning literature on law and religion, scholarly attention has tended to focus on broad questions concerning the scope of religious freedom, the nature of toleration and the meaning of secularism. An under-examined issue is how religion figures in the decisions, actions and experiences of those charged with performing public duties. This point of contact between religion and public authority has generated a range of legal and political controversies around issues such as the wearing of religious symbols by public officials, prayer at municipal government meetings, religious education and conscientious objection by public servants. Authored by scholars from a variety of disciplines, the chapters in this volume provide insight into these and other issues. Yet the volume also provides an entry point into a deeper examination of the concepts that are often used to organise and manage religious diversity, notably state neutrality. By examining the exercise of public authority by individuals who are religiously committed – or who, in the discharge of their public responsibilities, must account for those who are – this volume exposes the assumptions about legal and political life that underlie the concept of state neutrality and reveals its limits as a governing ideal.

Toward Benevolent Neutrality

Robert Thomas Miller,Ronald Bruce Flowers
Toward Benevolent Neutrality Book PDF

Author : Robert Thomas Miller,Ronald Bruce Flowers
Publisher : Baylor University Press
Page : 550 pages
File Size : 44,7 Mb
Release : 1996
Category : Church and state
ISBN : STANFORD:36105060590341

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Toward Benevolent Neutrality by Robert Thomas Miller,Ronald Bruce Flowers Pdf

Also included are essays interpreting the historical background and legal issues involved in each case, beginning with the principal events leading to the adoption of the First Amendment.

Freedom of Conscience and Religion

Richard Moon
Freedom of Conscience and Religion Book PDF

Author : Richard Moon
Publisher : Essentials of Canadian Law
Page : 215 pages
File Size : 53,5 Mb
Release : 2014
Category : Law
ISBN : 1552213641

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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)

The Rise and Decline of American Religious Freedom

Steven D. Smith
The Rise and Decline of American Religious Freedom Book PDF

Author : Steven D. Smith
Publisher : Harvard University Press
Page : 240 pages
File Size : 53,8 Mb
Release : 2014-02-18
Category : Law
ISBN : 9780674730137

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The Rise and Decline of American Religious Freedom by Steven D. Smith Pdf

Familiar accounts of religious freedom in the United States often tell a story of visionary founders who broke from centuries-old patterns of Christendom to establish a political arrangement committed to secular and religiously neutral government. These novel commitments were supposedly embodied in the religion clauses of the First Amendment. But this story is largely a fairytale, Steven Smith says in this incisive examination of a much-mythologized subject. The American achievement was not a rejection of Christian commitments but a retrieval of classic Christian ideals of freedom of the church and of conscience. Smith maintains that the First Amendment was intended merely to preserve the political status quo in matters of religion. America's distinctive contribution was, rather, a commitment to open contestation between secularist and providentialist understandings of the nation which evolved over the nineteenth century. In the twentieth century, far from vindicating constitutional principles, as conventional wisdom suggests, the Supreme Court imposed secular neutrality, which effectively repudiated this commitment to open contestation. Instead of upholding what was distinctively American and constitutional, these decisions subverted it. The negative consequences are visible today in the incoherence of religion clause jurisprudence and the intense culture wars in American politics.