Belief Law And Politics
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Author | : David Sehat |
Publisher | : Oxford University Press |
Total Pages | : 368 |
Release | : 2011-01-14 |
Genre | : Religion |
ISBN | : 0199793115 |
In the battles over religion and politics in America, both liberals and conservatives often appeal to history. Liberals claim that the Founders separated church and state. But for much of American history, David Sehat writes, Protestant Christianity was intimately intertwined with the state. Yet the past was not the Christian utopia that conservatives imagine either. Instead, a Protestant moral establishment prevailed, using government power to punish free thinkers and religious dissidents. In The Myth of American Religious Freedom, Sehat provides an eye-opening history of religion in public life, overturning our most cherished myths. Originally, the First Amendment applied only to the federal government, which had limited authority. The Protestant moral establishment ruled on the state level. Using moral laws to uphold religious power, religious partisans enforced a moral and religious orthodoxy against Catholics, Jews, Mormons, agnostics, and others. Not until 1940 did the U.S. Supreme Court extend the First Amendment to the states. As the Supreme Court began to dismantle the connections between religion and government, Sehat argues, religious conservatives mobilized to maintain their power and began the culture wars of the last fifty years. To trace the rise and fall of this Protestant establishment, Sehat focuses on a series of dissenters--abolitionist William Lloyd Garrison, suffragist Elizabeth Cady Stanton, socialist Eugene V. Debs, and many others. Shattering myths held by both the left and right, David Sehat forces us to rethink some of our most deeply held beliefs. By showing the bad history used on both sides, he denies partisans a safe refuge with the Founders.
Author | : Marie-Claire Foblets |
Publisher | : Routledge |
Total Pages | : 313 |
Release | : 2016-04-15 |
Genre | : Law |
ISBN | : 1317175336 |
This edited collection gathers together the principal findings of the three-year RELIGARE project, which dealt with the question of religious and philosophical diversity in European law. Specifically, it covers four spheres of public policy and legislation where the pressure to accommodate religious diversity has been most strongly felt in Europe: employment, family life, use of public space and state support mechanisms. Embracing a forward-looking approach, the final RELIGARE report provides recommendations to governance units at the local, national and European levels regarding issues of religious pluralism and secularism. This volume adds context and critique to those recommendations and more generally opens an intellectual discussion on the topic of religion in the European Union. The book consists of two main parts: the first includes the principal findings of the RELIGARE research project, while the second is a compilation of 28 short contributions from influential scholars, legal practitioners, policy makers and activists who respond to the report and offer their views on the sensitive issue of religious diversity and the law in Europe.
Author | : Robert A. Orsi |
Publisher | : Cambridge University Press |
Total Pages | : 443 |
Release | : 2012 |
Genre | : Religion |
ISBN | : 0521883911 |
Informative and provocative, this book introduces readers to debates in the contemporary study of religion and suggests future research possibilities.
Author | : Kevin Vallier |
Publisher | : Routledge |
Total Pages | : 298 |
Release | : 2014-06-13 |
Genre | : Philosophy |
ISBN | : 1317815750 |
In the eyes of many, liberalism requires the aggressive secularization of social institutions, especially public media and public schools. The unfortunate result is that many Americans have become alienated from the liberal tradition because they believe it threatens their most sacred forms of life. This was not always the case: in American history, the relation between liberalism and religion has often been one of mutual respect and support. In Liberal Politics and Public Faith: Beyond Separation, Kevin Vallier attempts to reestablish mutual respect by developing a liberal political theory that avoids the standard liberal hostility to religious voices in public life. He claims that the dominant form of academic liberalism, public reason liberalism, is far friendlier to religious influences in public life than either its proponents or detractors suppose. The best interpretation of public reason, convergence liberalism, rejects the much-derided "privatization" of religious belief, instead viewing religious contributions to politics as a resource for liberal political institutions. Many books reject privatization, Liberal Politics and Public Faith: Beyond Separation is unique in doing so on liberal grounds.
Author | : Heiner Bielefeldt |
Publisher | : Oxford University Press |
Total Pages | : 701 |
Release | : 2016 |
Genre | : Law |
ISBN | : 0198703988 |
This commentary on freedom of religion or belief provides a comprehensive overview of the pressing issues of freedom of religion or belief from an international law perspective.
Author | : Winnifred Fallers Sullivan |
Publisher | : University of Chicago Press |
Total Pages | : 361 |
Release | : 2015-07-22 |
Genre | : Law |
ISBN | : 022624850X |
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.
Author | : Natan Lerner |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 307 |
Release | : 2012-08-01 |
Genre | : Social Science |
ISBN | : 900423215X |
Intended for law schools, human rights scholars and activists, and international organizations, this book discusses the legal meaning of religion and belief, the UN work in this respect, religious minorities, the issues of proselytism, religion and terrorism, the use of religious symbols, international criminal law, and other relevant issues.
Author | : Jean d'Aspremont |
Publisher | : Cambridge University Press |
Total Pages | : 179 |
Release | : 2018 |
Genre | : Law |
ISBN | : 1108421873 |
Offers a new perspective on international law and international legal argumentation: to what event is international law a belief system?
Author | : Keith E. Whittington |
Publisher | : OUP Oxford |
Total Pages | : 828 |
Release | : 2010-06-11 |
Genre | : Political Science |
ISBN | : 0191616281 |
The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.
Author | : Kaushik Basu |
Publisher | : Princeton University Press |
Total Pages | : 259 |
Release | : 2020-12-08 |
Genre | : Business & Economics |
ISBN | : 0691210047 |
"[This book] argues that the traditional economic analysis of the law has significant flaws and has failed to answer certain critical questions satisfactorily. Why are good laws drafted but never implemented? When laws are unenforced, is it a failure of the law or the enforcers? And, most important, considering that laws are simply words on paper, why are they effective? Basu offers a provocative alternative to how the relationship between economics and real-world law enforcement should be understood. Basu summarizes standard, neoclassical law and economics before looking at the weaknesses underlying the discipline. Bringing modern game theory to bear, he develops a 'focal point' approach, modeling not just the self-interested actions of the citizens who must follow laws but also the functionaries of the state: the politicians, judges, and bureaucrats enforcing them. He demonstrates the connections between social norms and the law and shows how well conceived ideas can change and benefit human behavior. For example, bribe givers and takers will collude when they are treated equally under the law. And in food support programs, vouchers should be given directly to the poor to prevent shop owners from selling subsidized rations on the open market. Basu provides a new paradigm for the ways that law and economics interact: a framework applicable to both less developed countries and the developed world"--Jacket.