The Problem Of Religious Freedom

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The Religious Problem with Religious Freedom

Robert J. Joustra
The Religious Problem with Religious Freedom Book PDF

Author : Robert J. Joustra
Publisher : Routledge
Page : 239 pages
File Size : 51,8 Mb
Release : 2017-08-17
Category : Political Science
ISBN : 9781317216148

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The Religious Problem with Religious Freedom by Robert J. Joustra Pdf

Rival understandings of the meaning and practice of the religious and the secular lead to rival public perspectives about religion and religious freedom in North America. This book explores how debates over the American Office of Religious Freedom and its International Religious Freedom Act (IRFA, 1998) and very recent debates over the Canadian Office of Religious Freedom (2013) have pitted at least six basic, but very different meanings of the religious and the secular against each other in often undisclosed and usually unproductive ways. Properly naming this ‘religious problem’ is a critical first step to acknowledging and conciliating their practically polar political prescriptions. It must be considered how we are to think about religion in political offices, both the Canadian and the American experience, as an essentially contested term, and one which demands better than postmodern paralysis, what the author terms political theology. This is especially critical since both of these cases are not just about how to deal with religion at home, but how to engage with religion abroad, where real peril, and real practical policy must be undertaken to protect increasingly besieged religious minorities. Finally, a principled pluralist approach to the religious and the secular suggests a way to think outside the ‘religious problem’ and productively enlist and engage the forces of religion resurging around the globe. The book will be of great use to scholars and students in religion and foreign affairs, secularization, political theology, and political theory, as well as professionals and policy makers working in issues relating to religion, religious freedom, and foreign affairs.

Religious Freedom and the Constitution

Christopher L. Eisgruber,Lawrence G. Sager
Religious Freedom and the Constitution Book PDF

Author : Christopher L. Eisgruber,Lawrence G. Sager
Publisher : Harvard University Press
Page : 346 pages
File Size : 40,5 Mb
Release : 2010-04-10
Category : Political Science
ISBN : 9780674034457

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Religious Freedom and the Constitution by Christopher L. Eisgruber,Lawrence G. Sager Pdf

Religion has become a charged token in a politics of division. In disputes about faith-based social services, public money for religious schools, the Pledge of Allegiance, Ten Commandments monuments, the theory of evolution, and many other topics, angry contestation threatens to displace America's historic commitment to religious freedom. Part of the problem, the authors argue, is that constitutional analysis of religious freedom has been hobbled by the idea of "a wall of separation" between church and state. That metaphor has been understood to demand that religion be treated far better than other concerns in some contexts, and far worse in others. Sometimes it seems to insist on both contrary forms of treatment simultaneously. Missing has been concern for the fair and equal treatment of religion. In response, the authors offer an understanding of religious freedom called Equal Liberty. Equal Liberty is guided by two principles. First, no one within the reach of the Constitution ought to be devalued on account of the spiritual foundation of their commitments. Second, all persons should enjoy broad rights of free speech, personal autonomy, associative freedom, and private property. Together, these principles are generous and fair to a wide range of religious beliefs and practices. With Equal Liberty as their guide, the authors offer practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. Their book calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.

Politics of Religious Freedom

Winnifred Fallers Sullivan,Elizabeth Shakman Hurd,Saba Mahmood,Peter G. Danchin
Politics of Religious Freedom Book PDF

Author : Winnifred Fallers Sullivan,Elizabeth Shakman Hurd,Saba Mahmood,Peter G. Danchin
Publisher : University of Chicago Press
Page : 361 pages
File Size : 45,7 Mb
Release : 2015-07-22
Category : Law
ISBN : 9780226248509

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Politics of Religious Freedom by Winnifred Fallers Sullivan,Elizabeth Shakman Hurd,Saba Mahmood,Peter G. Danchin Pdf

Religious freedom has achieved broad consensus as a condition for peace. Faced with reports of a rise in religious violence and a host of other social ills, public, and private actors have responded with laws and policies designed to promote freedom of religion. But what precisely is being promoted? What are the assumptions underlying this response? The contributions to this volume unsettle the assumption that religious freedom is a singular achievement and that the problem lies in its incomplete accomplishment. Delineating the different conceptions of religious freedom predominant in the world today, as well as their histories and political contexts, the contributions make clear that the reasons for violence and discrimination are more complex than is widely acknowledged. The promotion of a single legal and cultural tool meant to address conflict across a wide variety of cultures can have the perverse effect of exacerbating the problems that plague the communities often cited as falling short. -- from back cover.

Beyond Religious Freedom

Elizabeth Shakman Hurd
Beyond Religious Freedom Book PDF

Author : Elizabeth Shakman Hurd
Publisher : Princeton University Press
Page : 216 pages
File Size : 51,9 Mb
Release : 2017-02-14
Category : Political Science
ISBN : 9780691176222

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Beyond Religious Freedom by Elizabeth Shakman Hurd Pdf

In recent years, North American and European nations have sought to legally remake religion in other countries through an unprecedented array of international initiatives. Policymakers have rallied around the notion that the fostering of religious freedom, interfaith dialogue, religious tolerance, and protections for religious minorities are the keys to combating persecution and discrimination. Beyond Religious Freedom persuasively argues that these initiatives create the very social tensions and divisions they are meant to overcome. Elizabeth Shakman Hurd looks at three critical channels of state-sponsored intervention: international religious freedom advocacy, development assistance and nation building, and international law. She shows how these initiatives make religious difference a matter of law, resulting in a divide that favors forms of religion authorized by those in power and excludes other ways of being and belonging. In exploring the dizzying power dynamics and blurred boundaries that characterize relations between "expert religion," "governed religion," and "lived religion," Hurd charts new territory in the study of religion in global politics. A forceful and timely critique of the politics of promoting religious freedom, Beyond Religious Freedom provides new insights into today's most pressing dilemmas of power, difference, and governance.

The Problem of Religious Freedom

John Courtney Murray
The Problem of Religious Freedom Book PDF

Author : John Courtney Murray
Publisher : Unknown
Page : 132 pages
File Size : 44,8 Mb
Release : 1965
Category : Freedom of religion
ISBN : UOM:39015024454665

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The Problem of Religious Freedom by John Courtney Murray Pdf

"Appeared originally in Theological studies, 25, 1964." Bibliographical references included in "Notes" (p. 111-112).

The Impossibility of Religious Freedom

Winnifred Fallers Sullivan
The Impossibility of Religious Freedom Book PDF

Author : Winnifred Fallers Sullivan
Publisher : Princeton University Press
Page : 330 pages
File Size : 40,7 Mb
Release : 2018-04-24
Category : Law
ISBN : 9780691180953

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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.

Religious Freedom and the Constitution

Christopher L. Eisgruber,Lawrence G. Sager
Religious Freedom and the Constitution Book PDF

Author : Christopher L. Eisgruber,Lawrence G. Sager
Publisher : Harvard University Press
Page : 346 pages
File Size : 52,9 Mb
Release : 2010-04-10
Category : Political Science
ISBN : 9780674263260

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Religious Freedom and the Constitution by Christopher L. Eisgruber,Lawrence G. Sager Pdf

Religion has become a charged token in a politics of division. In disputes about faith-based social services, public money for religious schools, the Pledge of Allegiance, Ten Commandments monuments, the theory of evolution, and many other topics, angry contestation threatens to displace America's historic commitment to religious freedom. Part of the problem, the authors argue, is that constitutional analysis of religious freedom has been hobbled by the idea of "a wall of separation" between church and state. That metaphor has been understood to demand that religion be treated far better than other concerns in some contexts, and far worse in others. Sometimes it seems to insist on both contrary forms of treatment simultaneously. Missing has been concern for the fair and equal treatment of religion. In response, the authors offer an understanding of religious freedom called Equal Liberty. Equal Liberty is guided by two principles. First, no one within the reach of the Constitution ought to be devalued on account of the spiritual foundation of their commitments. Second, all persons should enjoy broad rights of free speech, personal autonomy, associative freedom, and private property. Together, these principles are generous and fair to a wide range of religious beliefs and practices. With Equal Liberty as their guide, the authors offer practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. Their book calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.

What Has No Place, Remains

Nicholas Shrubsole
What Has No Place Remains Book PDF

Author : Nicholas Shrubsole
Publisher : University of Toronto Press
Page : 275 pages
File Size : 46,9 Mb
Release : 2019-07-04
Category : Law
ISBN : 9781487530747

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What Has No Place, Remains by Nicholas Shrubsole Pdf

The desire to erase the religions of Indigenous Peoples is an ideological fixture of the colonial project that marked the first century of Canada’s nationhood. While the ban on certain Indigenous religious practices was lifted after the Second World War, it was not until 1982 that Canada recognized Aboriginal rights, constitutionally protecting the diverse cultures of Indigenous Peoples. As former prime minister Stephen Harper stated in Canada’s apology for Indian residential schools, the desire to destroy Indigenous cultures, including religions, has no place in Canada today. And yet Indigenous religions continue to remain under threat. Framed through a postcolonial lens, What Has No Place, Remains analyses state actions, responses, and decisions on matters of Indigenous religious freedom. The book is particularly concerned with legal cases, such as Ktunaxa Nation v. British Columbia (2017), but also draws on political negotiations, such as those at Voisey’s Bay, and standoffs, such as the one at Gustafsen Lake, to generate a more comprehensive picture of the challenges for Indigenous religious freedom beyond Canada’s courts. With particular attention to cosmologically significant space, this book provides the first comprehensive assessment of the conceptual, cultural, political, social, and legal reasons why religious freedom for Indigenous Peoples is currently an impossibility in Canada.

Equality, Freedom, and Religion

Roger Trigg
Equality Freedom and Religion Book PDF

Author : Roger Trigg
Publisher : Oxford University Press
Page : 128 pages
File Size : 47,9 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.

Religion and Ethnicity in Canada

Paul Bramadat,David Seljak
Religion and Ethnicity in Canada Book PDF

Author : Paul Bramadat,David Seljak
Publisher : University of Toronto Press
Page : 265 pages
File Size : 48,7 Mb
Release : 2009-10-10
Category : Social Science
ISBN : 9781442697027

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Religion and Ethnicity in Canada by Paul Bramadat,David Seljak Pdf

As the leading book in its field, Religion and Ethnicity in Canada has been embraced by scholars, teachers, students, and policy makers as a breakthrough study of Canadian religio-ethnic diversity and its impact on multiculturalism. A team of established scholars looks at the relationships between religious and ethnic identity in Canada's six largest minority religious communities: Hindus, Buddhists, Sikhs, Jews, Muslims and practitioners of Chinese religion. The chapters also highlight the ethnic diversity extant within these traditions in order to offer a more nuanced appreciation of the variety of lived experiences of members of these communities. Together, the contributors develop consistent themes throughout the volume, among them the changing nature of religious practice and ideas, current demographics, racism, and the role of women. Chapters related to the public policy issues of healthcare, education and multiculturalism show how new ethnic and religious diversity are challenging and changing Canadian institutions and society. Comprehensive and insightful, Religion and Ethnicity in Canada makes a unique contribution to the study of world religions in Canada.

The Meaning of Religious Freedom in the Public Square

Pablo Munoz Iturrieta
The Meaning of Religious Freedom in the Public Square Book PDF

Author : Pablo Munoz Iturrieta
Publisher : Wipf and Stock Publishers
Page : 310 pages
File Size : 41,5 Mb
Release : 2020-02-27
Category : Religion
ISBN : 9781532639708

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The Meaning of Religious Freedom in the Public Square by Pablo Munoz Iturrieta Pdf

This book offers a new perspective on religious freedom. Its central theme is to elucidate the meaning of religion and freedom in discussions related to religious freedom and the place of religion in the public square. One often hears that either religion must be tamed by restricting its access to public power, or that in the name of neutrality and equality no religious reasoning may be used in the political sphere, as it may be coercive to other worldviews. There is also the idea that “religion” is a feature of human life essentially distinct from “secular” features such as politics and economics, and which has a peculiarly dangerous inclination to promote violence. Thus, the meaning of religious freedom in the twenty-first century seems uncertain. For that reason, it is necessary to clarify the meaning of religious freedom, especially in relation to the public sphere, in order to offer an answer that will guide us in discerning issues of religious freedom.

Defend the Sacred

Michael D. McNally
Defend the Sacred Book PDF

Author : Michael D. McNally
Publisher : Princeton University Press
Page : 400 pages
File Size : 46,8 Mb
Release : 2020-04-14
Category : History
ISBN : 9780691190907

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Defend the Sacred by Michael D. McNally Pdf

"In 2016, thousands of people travelled to North Dakota to camp out near the Standing Rock Sioux Reservation to protest the construction of an oil pipeline that is projected to cross underneath the Missouri River a half mile upstream from the Reservation. The Standing Rock Sioux consider the pipeline a threat to the region's clean water and to the Sioux's sacred sites (such as its ancient burial grounds). The encamped protests garnered front-page headlines and international attention, and the resolve of the protesters was made clear in a red banner that flew above the camp: "Defend the Sacred". What does it mean when Native communities and their allies make such claims? What is the history of such claim-making, and why has this rhetorical and legal strategy - based on appeals to religious freedom - failed to gain much traction in American courts? As Michael McNally recounts in this book, Native Americans have repeatedly been inspired to assert claims to sacred places, practices, objects, knowledge, and ancestral remains by appealing to the discourse of religious freedom. But such claims based on alleged violations of the First Amendment "free exercise of religion" clause of the US Constitution have met with little success in US courts, largely because Native American communal traditions have been difficult to capture by the modern Western category of "religion." In light of this poor track record Native communities have gone beyond religious freedom-based legal strategies in articulating their sacred claims: in (e.g.) the technocratic language of "cultural resource" under American environmental and historic preservation law; in terms of the limited sovereignty accorded to Native tribes under federal Indian law; and (increasingly) in the political language of "indigenous rights" according to international human rights law (especially in light of the 2007 U.N. Declaration of the Rights of Indigenous Peoples). And yet the language of religious freedom, which resonates powerfully in the US, continues to be deployed, propelling some remarkably useful legislative and administrative accommodations such as the 1990 Native American Graves Protection and Reparation Act. As McNally's book shows, native communities draw on the continued rhetorical power of religious freedom language to attain legislative and regulatory victories beyond the First Amendment"--

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 : 46,5 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.

Freedom of Religion or Belief

Paul T. Babie,Neville G. Rochow,Brett G. Scharffs
Freedom of Religion or Belief Book PDF

Author : Paul T. Babie,Neville G. Rochow,Brett G. Scharffs
Publisher : Edward Elgar Publishing
Page : 416 pages
File Size : 48,9 Mb
Release : 2020-05-29
Category : Law
ISBN : 9781788977807

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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.

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 : 42,9 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.