Models Of Religious Freedom
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Author | : Marcel Stüssi |
Publisher | : LIT Verlag Münster |
Total Pages | : 536 |
Release | : 2012 |
Genre | : Law |
ISBN | : 3643801181 |
In this thesis, the US, Swiss, and Syrian models of religious freedom are illustrated in legal settings. The Analytical Representation comprises more than statements of positive law or mechanical comparison. Each chapter is introduced by thought-forms predominant in the respective legal culture. The objective of the Methodological Representation is to investigate the logic and legitimate pattern by which the US and Swiss judiciary come to the conclusion that an alleged interference is covered under the right to religious freedom. The last dimension, which is the Eclectic Representation, pursues a dual aim. Firstly, the idea is to develop an actual guideline of religious freedom rules, and secondly, to evaluate how much religious freedom is internalized in the US, Swiss, and Syrian legal systems. Dissertation. (Series: ReligionsRecht im Dialog - Vol. 12)
Author | : Jeroen Temperman |
Publisher | : BRILL |
Total Pages | : 440 |
Release | : 2010-05-17 |
Genre | : Law |
ISBN | : 9004181490 |
This book examines the question of how the mode of state–religion identification affects the state’s scope for compliance with human rights law. It 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. A close assessment of norms of human rights law substantiates that, although human rights law on the face of it is seemingly neutral to the issue of state–religion identification, legal principles can be extrapolated that have a profound bearing on the question of legitimacy of the possible diverse relationships that may exist between the state and religion. A range of thematic case studies on, among other issues, Establishment of Religion & the ‘Equal Religious Rights of Others’, Religion & Freedom of Expression, Religion & Political Rights, Religion & Educational Rights, Religion & Freedom of Association and Religion & Equal Employment Opportunities, demonstrates that existing regimes of positive state identification with religion are not devoid of forms of institutionalised discrimination and de facto practices of discrimination on grounds of religion or belief (or lack thereof). At the same time, it is observed by the author that in some secular or separationist states the ideals of state secularism and separationism have come to be considered ends in themselves. This has given rise to situations where the principles of secularism and separationism are construed so as to impose illegitimate limits on the activities of religions or illegitimate limits on the individual manifestation of certain beliefs. 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.
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 | : Pasquale Annicchino |
Publisher | : ICLARS Series on Law and Religion |
Total Pages | : 116 |
Release | : 2019-12-12 |
Genre | : |
ISBN | : 9780367886097 |
This book analyzes the promotion and protection of freedom of religion in the international arena with a particular focus on the role and influence of the US International Religious Freedom Act, 1998. It also investigates the impact of the IRFA on the legislation and policies of third countries and the EU. The book develops the story of the protection of religious freedom through foreign policy by showing how religious laws affect and shape a more communitarian dimension of the notion of freedom of religion which stands in contrast with a traditionally Western individualistic understanding of the right. It is argued that it is still possible to defend the unstable category of freedom of religion or belief especially when major violations are at stake. The book presents a balanced contribution to the academic debate on the promotion and protection of religious freedom. The comparative approach and interdisciplinary methodology make it a valuable resource for academics, students and policy-makers in Law, International Relations and Strategic Studies.
Author | : Robert J. Joustra |
Publisher | : Routledge |
Total Pages | : 239 |
Release | : 2017-08-17 |
Genre | : Political Science |
ISBN | : 1317216148 |
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.
Author | : Lori G. Beaman |
Publisher | : Routledge |
Total Pages | : 244 |
Release | : 2016-02-17 |
Genre | : Religion |
ISBN | : 1317002539 |
Advocacy for religious freedom has become a global project while religion, and the management of religion, has become of increasing interest to scholars across a wider range of disciplines. Rather than adopting the common assumption that religious freedom is simply incompletely realized, the authors in this book suggest that the starting point for understanding religion in public life today should be religious establishment. In the hyper-globalized world of the politics of religious freedom today, a focus on establishments brings into view the cultural assumptions, cosmologies, anthropologies, and institutions which structure religion and religious diversity. Leading international scholars from a diverse range of disciplines explore how countries today live with religious difference and consider how considering establishments reveals the limitations of universal, multicultural, and interfaith models of religious freedom. Examining the various forms religion takes in Tunisia, Canada, Taiwan, South Africa, and the USA, amongst others, this book argues that legal protections for religious freedom can only be understood in a context of socially and culturally specific constraints.
Author | : Daniel J. Trippie |
Publisher | : Wipf and Stock Publishers |
Total Pages | : 202 |
Release | : 2022-11-14 |
Genre | : Religion |
ISBN | : 1666745383 |
Religious liberty is America's first freedom. But in recent years, challenges to religious liberty have abounded. For example, some claim that religious freedom promotes intolerance and bigotry, while others contend religious freedom condemns people to hell. And others weaponize religious liberty for culture warring. Nevertheless, evangelicals believe that religious liberty is fundamentally a matter of human dignity; thus, religious liberty is a right we must preserve for all people. This book will explore how evangelical anthropology, cosmology, and eschatology offer the most stable basis for religious freedom. Secular and Roman Catholic theories may positively contribute to religious liberty, but the evangelical model is superior because it answers fundamental questions left unanswered in other models.
Author | : Elizabeth Shakman Hurd |
Publisher | : Princeton University Press |
Total Pages | : 216 |
Release | : 2017-02-14 |
Genre | : Political Science |
ISBN | : 0691176221 |
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.
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.
Author | : Noel B. Reynolds |
Publisher | : Wm. B. Eerdmans Publishing |
Total Pages | : 320 |
Release | : 2003 |
Genre | : Religion |
ISBN | : 9780802848536 |
This is a print on demand book and is therefore non- returnable. In this volume, several leading scholars harvest the best of Western thinking on religious liberty. An opening chapter shows how religious liberty emerged slowly in the West through centuries of cruel experience and growing enlightenment. Separate chapters thereafter take up the unique role of such titans as Marsilius, Luther, Calvin, Hobbes, Locke, Rousseau, Burke, Tocqueville, and the American framers in the Western drama of religious liberty. From widely divergent experiences, these titans discovered the cardinal principles of religious liberty -- religious pluralism and toleration, religious equality and non- discrimination, liberty of conscience and association, freedom of expression and exercise. From widely discordant convictions, they distilled the most enduring models of church and state and of religion and law in the West -- from the organic models of earlier centuries to the dualistic models of more recent times. Contributors: Brian Tierney Steven Ozment John Witte Jr. Joshua Mitchell W. Cole Durham Jr. Michael W. McConnell Ellis Sandoz Thomas L. Pangle