Cooperation, Religious Freedom, and the Liberal State

Cooperation, Religious Freedom, and the Liberal State
Author: Brian Jeffrey Hutler
Publisher:
Total Pages: 148
Release: 2018
Genre:
ISBN:

Religious freedom is often listed among the core freedoms that characterize the liberal state--along with freedom of speech, freedom of association, and freedom of the person. But it may seem that what is valuable about religion, from a liberal point of view, would be sufficiently protected by these other core freedoms. Does religious freedom have a special role to play in a liberal state? Traditionally, liberal theorists have thought that religious freedom required maintaining separation between the state and religion. But problems arise when separation is applied strictly to every type of religion-state interaction, without attention to the underlying values at stake. This dissertation defends a conception of religious freedom that makes room for cooperation and compromise, with the aim of creating mutually beneficial relationships between religion and the state. Separation is an important component of this picture, but not its guiding principle. This dissertation discusses two areas in which strict adherence to religion-state separation may lead to problematic outcomes. First, strict adherence to separation lends support to an all-or- nothing approach to religious accommodation. But compromise can often be more valuable for both religious persons and the state, especially when the meaning or purpose of the religious activity is consistent with the purpose of the conflicting law. In such cases, compromise may generate creative solutions to conflicts and may promote mutual understanding and respect between religious persons and their fellow citizens. This compromise-based approach to accommodation is limited, however, by the principle that accommodation should not be used as a form of political protest. Second, strict adherence to separation supports protecting the autonomy of religious institutions to oversee their internal own affairs. But the state must also protect the rights and interests of the members of religious institutions. As such, the state must ensure that religious institutions are voluntarily associations, whose members have both a right and a genuine opportunity to exit the association. As one example, the state should generally not enforce religious arbitration agreements against members of religious institutions, even when they have voluntarily agreed to them.

Religious Freedom in the Liberal State

Religious Freedom in the Liberal State
Author: Rex Ahdar
Publisher: Oxford University Press
Total Pages: 528
Release: 2013-03-21
Genre: Law
ISBN: 0199606471

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.

Liberal Neutrality and State Support for Religion

Liberal Neutrality and State Support for Religion
Author: Leni Franken
Publisher: Springer
Total Pages: 213
Release: 2016-05-18
Genre: Philosophy
ISBN: 3319289446

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 Ideas in Liberal Democratic States

Religious Ideas in Liberal Democratic States
Author: Jasper Doomen
Publisher: Rowman & Littlefield
Total Pages: 207
Release: 2021-07-29
Genre: Religion
ISBN: 1793618399

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.

Religious Beliefs and Conscientious Exemptions in a Liberal State

Religious Beliefs and Conscientious Exemptions in a Liberal State
Author: John Adenitire
Publisher: Bloomsbury Publishing
Total Pages: 500
Release: 2019-06-13
Genre: Law
ISBN: 1509920943

The central focus of this edited collection is on the ever-growing practice, in liberal states, to claim exemption from legal duties on the basis of a conscientious objection. Traditional claims have included objections to compulsory military draft and to the provision of abortions. Contemporary claims include objections to anti-discrimination law by providers of public services, such as bakers and B&B hoteliers, who do not want to serve same-sex couples. The book investigates the practice, both traditional and contemporary, from three distinct perspectives: theoretical, doctrinal (with special emphasis on UK, Canadian and US law) and comparative. Cumulatively, the contributors provide a comprehensive set of reflections on how the practice is to be viewed and carried out in the context of a liberal state.

Religion in a Liberal State

Religion in a Liberal State
Author: Gavin D'Costa
Publisher: Cambridge University Press
Total Pages: 0
Release: 2013-08-29
Genre: Social Science
ISBN: 9781107650077

As religion has become more visible in public life, with closer relations of co-operation with government as well as a force in some political campaigns, its place in public life has become more contested. Fudged compromises of the past are giving way to a desire for clear lines and moral principles. This book brings the disciplines of law, sociology, politics and theology into conversation with one anther to shed light on the questions thrown up by 'religion in a liberal state'. It discusses practical problems in a British context, such as the accommodation of religious dress, discrimination against sexual minorities and state support for historic religions; considers legal frameworks of equality and human rights; and elucidates leading ideas of neutrality, pluralism, secularism and public reason. Fundamentally, it asks what it means to be liberal in a world in which religious diversity is becoming more present and more problematic.

Liberalism’s Religion

Liberalism’s Religion
Author: Cécile Laborde
Publisher: Harvard University Press
Total Pages: 345
Release: 2017-09-25
Genre: Philosophy
ISBN: 0674976266

Cécile Laborde argues that religion is more than a statement of belief or a moral code. It refers to comprehensive ways of life, theories of justice, modes of association, and vulnerable collective identities. By disaggregating these dimensions, she addresses questions about whether Western secularism and religion can be applied more universally.

Religious Freedom in the Liberal State

Religious Freedom in the Liberal State
Author: Rex Ahdar
Publisher: OUP Oxford
Total Pages: 528
Release: 2013-03-21
Genre: Law
ISBN: 0191648728

Examining the law and public policy relating to religious liberty in Western liberal democracies, this book contains a detailed analysis of the history, rationale, scope, and limits of religious freedom from (but not restricted to) an evangelical Christian perspective. Focussing on United Kingdom, the United States, Canada, New Zealand, Australia, and EU, it studies the interaction between law and religion at several different levels, looking at the key debates that have arisen. Divided into three parts, the book begins by contrasting the liberal and Christian rationales for and understandings of religious freedom. It then explores central thematic issues: the types of constitutional frameworks within which any right to religious exercise must operate; the varieties of paradigmatic relationships between organized religion and the state; the meaning of 'religion'; the limitations upon individual and institutional religious behaviour; and the domestic and international legal mechanisms that have evolved to address religious conduct. The final part explores key subject areas where current religious freedom controversies have arisen: employment; education; parental rights and childrearing; controls on pro-religious and anti-religious expression; medical treatment; and religious group (church) autonomy. This new edition is fully updated with the growing case law in the area, and features increased coverage of Islam and the flashpoint debates surrounding the accommodation of Muslim beliefs and practices in Anglophone nations.

A Liberalism Safe for Catholicism?

A Liberalism Safe for Catholicism?
Author: Daniel Philpott
Publisher: University of Notre Dame Pess
Total Pages: 556
Release: 2017-06-30
Genre: Political Science
ISBN: 0268101736

This volume is the third in the “Perspectives from The Review of Politics” series, following The Crisis of Modern Times, edited by A. James McAdams (2007), and War, Peace, and International Political Realism, edited by Keir Lieber (2009). In A Liberalism Safe for Catholicism?, editors Daniel Philpott and Ryan Anderson chronicle the relationship between the Catholic Church and American liberalism as told through twenty-seven essays selected from the history of the Review of Politics, dating back to the journal’s founding in 1939. The primary subject addressed in these essays is the development of a Catholic political liberalism in response to the democratic environment of nineteenth- and twentieth-century America. Works by Jacques Maritain, Heinrich Rommen, and Yves R. Simon forge the case for the compatibility of Catholicism and American liberal institutions, including the civic right of religious freedom. The conversation continues through recent decades, when a number of Catholic philosophers called into question the partnership between Christianity and American liberalism and were debated by others who rejoined with a strenuous defense of the partnership. The book also covers a wide range of other topics, including democracy, free market economics, the common good, human rights, international politics, and the thought of John Henry Newman, John Courtney Murray, and Alasdair MacIntyre, as well as some of the most prominent Catholic thinkers of the last century, among them John Finnis, Michael Novak, and William T. Cavanaugh. This book will be of special interest to students and scholars of political science, journalists and policymakers, church leaders, and everyday Catholics trying to make sense of Christianity in modern society. Contributors: Daniel Philpott, Ryan T. Anderson, Jacques Maritain, Alvan S. Ryan, Heinrich Rommen, Josef Pieper, Yves R. Simon, Ernest L. Fortin, John Finnis, Paul E. Sigmund, David C. Leege, Thomas R. Rourke, Michael Novak, Michael J. Baxter, David L. Schindler , Joseph A. Komonchak, John Courtney Murray, Samuel Cardinal Stritch, Francis J. Connell, Carson Holloway, James V. Schall, Gary D. Glenn, John Stack, Glenn Tinder, Clarke E. Cochran, William A. Barbieri, Jr., Thomas S. Hibbs, Paul S. Rowe, and William T. Cavanaugh.

Separation of Church and State

Separation of Church and State
Author: Philip HAMBURGER
Publisher: Harvard University Press
Total Pages: 529
Release: 2009-06-30
Genre: Law
ISBN: 0674038185

In a powerful challenge to conventional wisdom, Philip Hamburger argues that the separation of church and state has no historical foundation in the First Amendment. The detailed evidence assembled here shows that eighteenth-century Americans almost never invoked this principle. Although Thomas Jefferson and others retrospectively claimed that the First Amendment separated church and state, separation became part of American constitutional law only much later. Hamburger shows that separation became a constitutional freedom largely through fear and prejudice. Jefferson supported separation out of hostility to the Federalist clergy of New England. Nativist Protestants (ranging from nineteenth-century Know Nothings to twentieth-century members of the K.K.K.) adopted the principle of separation to restrict the role of Catholics in public life. Gradually, these Protestants were joined by theologically liberal, anti-Christian secularists, who hoped that separation would limit Christianity and all other distinct religions. Eventually, a wide range of men and women called for separation. Almost all of these Americans feared ecclesiastical authority, particularly that of the Catholic Church, and, in response to their fears, they increasingly perceived religious liberty to require a separation of church from state. American religious liberty was thus redefined and even transformed. In the process, the First Amendment was often used as an instrument of intolerance and discrimination.