Legal Responses To Religious Differences
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Author | : Peter William Edge |
Publisher | : BRILL |
Total Pages | : 530 |
Release | : 2021-10-25 |
Genre | : Law |
ISBN | : 900448082X |
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.
Author | : Andrew Koppelman |
Publisher | : Harvard University Press |
Total Pages | : 316 |
Release | : 2013-01-01 |
Genre | : Law |
ISBN | : 0674071077 |
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.
Author | : Benjamin L. Berger |
Publisher | : University of Toronto Press |
Total Pages | : 236 |
Release | : 2016-01-28 |
Genre | : Law |
ISBN | : 1442696397 |
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.
Author | : United States. Equal Employment Opportunity Commission |
Publisher | : |
Total Pages | : 368 |
Release | : 1992 |
Genre | : Affirmative action programs |
ISBN | : |
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 | : Dr Jogchum Vrielink |
Publisher | : Ashgate Publishing, Ltd. |
Total Pages | : 673 |
Release | : 2012-09-01 |
Genre | : Law |
ISBN | : 140946170X |
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.
Author | : Austin Sarat |
Publisher | : Cambridge University Press |
Total Pages | : 325 |
Release | : 2012-09-10 |
Genre | : Law |
ISBN | : 1139576976 |
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?
Author | : George B. Connell |
Publisher | : Wm. B. Eerdmans Publishing |
Total Pages | : 202 |
Release | : 2016 |
Genre | : Philosophy |
ISBN | : 0802868045 |
S ren Kierkegaard (1813-1855) famously critiqued Christendom -- especially the religious monoculture of his native Denmark. But what would he make of the dizzying diversity of religious life today? In this book George Connell uses Kierkegaard's thought to explore pressing questions that contemporary religious diversity poses. Connell unpacks an underlying tension in Kierkegaard, revealing both universalistic and particularistic tendencies in his thought. Kierkegaard's paradoxical vision of religious diversity, says Connell, allows for both respectful coexistence with people of different faiths and authentic commitment to one's own faith. Though Kierkegaard lived and wrote in a context very different from ours, this nuanced study shows that his searching reflections on religious faith remain highly relevant in our world today.
Author | : Ira C. Lupu |
Publisher | : Wm. B. Eerdmans Publishing |
Total Pages | : 279 |
Release | : 2014-08-02 |
Genre | : Political Science |
ISBN | : 0802870791 |
In this book Ira Lupu and Robert Tuttle break through the unproductive American debate over competing religious rights. They present an original theory that makes the secular character of the American government, rather than a set of individual rights, the centerpiece of religious liberty in the United States. Through a comprehensive treatment of relevant constitutional themes and through their attention to both historical concerns and contemporary controversies — including issues often in the news — Lupu and Tuttle define and defend the secular character of U.S. government.
Author | : Kevin Vallier |
Publisher | : Oxford University Press |
Total Pages | : 329 |
Release | : 2018 |
Genre | : Law |
ISBN | : 0190666188 |
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.