Religion Law And The Land
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| Author | : Brian E. Brown |
| Publisher | : Bloomsbury Publishing USA |
| Total Pages | : 209 |
| Release | : 1999-11-30 |
| Genre | : History |
| ISBN | : 031300336X |
Examining a series of court decisions made during the 1980s regarding the legal claims of several Native American tribes who attempted to protect ancestrally revered lands from development schemes by the federal government, this book looks at important questions raised about the religious status of land. The tribes used the First Amendment right of free exercise of religion as the basis of their claim, since governmental action threatened to alter the land which served as the primordial sacred reality without which their derivative religious practices would be meaningless. Brown argues that a constricted notion of religion on the part of the courts, combined with a pervasive cultural predisposition towards land as private property, marred the Constitutional analysis of the courts to deprive the Native American plaintiffs of religious liberty. Brown looks at four cases, which raised the issue at the federal district and appellate court levels, centered on lands in Tennessee, Utah, South Dakota, and Arizona; then it considers a fifth case regarding land in northwestern California, which ultimately went to the U.S. Supreme Court. In all cases, the author identifies serious deficiencies in the judicial evaluations. The lower courts applied a conception of religion as a set of beliefs and practices that are discrete and essentially separate from land, thus distorting and devaluing the fundamental basis of the tribal claims. It was this reductive fixation of land as property, implicit in the rulings of the first four cases, that became explicitly sanctioned and codified in the Supreme Court's decision in Lyng v. Northwest Indian Cemetery Protective Association of 1988. In reaching such a position, the Supreme Court injudiciously engaged in a policy determination to protect government land holdings, and did so through a shocking repudiation of its own long established jurisprudential procedure in cases concerning the free exercise of religion.
| Author | : Brian Brown |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 1999 |
| Genre | : Freedom of religion |
| ISBN | : |
Examining a series of court decisions made during the 1980s regarding the legal claims of several Native American tribes who attempted to protect ancestrally revered lands from development schemes by the federal government, this book looks at important questions raised about the religious status of land. The tribes used the First Amendment right of free exercise of religion as the basis of their claim, since governmental action threatened to alter the land which served as the primordial sacred reality without which their derivative religious practices would be meaningless. Brown argues that a constricted notion of religion on the part of the courts, combined with a pervasive cultural predisposition towards land as private property, marred the Constitutional analysis of the courts to deprive the Native American plaintiffs of religious liberty.
| Author | : Daniel O. Conkle |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2016 |
| Genre | : Freedom of expression |
| ISBN | : 9781634597647 |
Softbound - New, softbound print book.
| Author | : Nicolas Howe |
| Publisher | : University of Chicago Press |
| Total Pages | : 250 |
| Release | : 2016-09-05 |
| Genre | : Religion |
| ISBN | : 022637680X |
“What does it mean to see the American landscape in a secular way?” asks Nicolas Howe at the outset of this innovative, ambitious, and wide-ranging book. It’s a surprising question because of what it implies: we usually aren’t seeing American landscapes through a non-religious lens, but rather as inflected by complicated, little-examined concepts of the sacred. Fusing geography, legal scholarship, and religion in a potent analysis, Howe shows how seemingly routine questions about how to look at a sunrise or a plateau or how to assess what a mountain is both physically and ideologically, lead to complex arguments about the nature of religious experience and its implications for our lives as citizens. In American society—nominally secular but committed to permitting a diversity of religious beliefs and expressions—such questions become all the more fraught and can lead to difficult, often unsatisfying compromises regarding how to interpret and inhabit our public lands and spaces. A serious commitment to secularism, Howe shows, forces us to confront the profound challenges of true religious diversity in ways that often will have their ultimate expression in our built environment. This provocative exploration of some of the fundamental aspects of American life will help us see the land, law, and society anew.
| Author | : Lloyd Burton |
| Publisher | : Univ of Wisconsin Press |
| Total Pages | : 352 |
| Release | : 2002-12-05 |
| Genre | : Nature |
| ISBN | : 0299180832 |
Questions about land use, conservation, and preservation—already so perplexing and contentious—take on a new complexity and greater urgency when the land in question is understood as sacred. This is a view increasingly held, as adherents of mainstream religions come to recognize what indigenous peoples knew centuries ago—that the sacred inheres in nature itself. What such a trend means and how it involves the forces of culture, religion, and constitutional law (especially First Amendment clauses concerning the free exercise of religion) are considered with a remarkable breadth and depth of understanding in this important new work. Drawing on case studies of national parks and monuments, national forests, and other public lands and resources, Lloyd Burton gives a clear and comprehensive account of how the intertwining influences of culture, religion, and law have affected the management of public lands and resources in the recent past and how they may do so in the future. In a unique and unprecedented way, his book weaves together teachings on nature and the sacred among indigenous and immigrant culture groups in the United States; the relevant constitutional history of religion and government action; and analysis of contemporary conflicts over culture, religion, and public lands management. As such, Worship and Wilderness is essential reading not only for public land managers and environmental policy makers but also for anyone interested in the growing significance of religious interests in the use of resources that constitute our national commons and our common natural heritage.
| Author | : Boris I. Bittker |
| Publisher | : Cambridge University Press |
| Total Pages | : 1001 |
| Release | : 2015-10-06 |
| Genre | : Law |
| ISBN | : 1107071828 |
This book provides a comprehensive overview of religion and government in the United States, providing historical context to contemporary issues.
| Author | : Isaac Weiner |
| Publisher | : NYU Press |
| Total Pages | : 318 |
| Release | : 2019-07-02 |
| Genre | : Religion |
| ISBN | : 1479891398 |
Offers insight into the complex relationship between religion and law in contemporary America Why religion? Why law? Why now? In recent years, the United States has witnessed a number of high-profile court cases involving religion, forcing Americans to grapple with questions regarding the relationship between religion and law. This volume maps the contemporary interplay of religion and law within the study of American religions. What rights are protected by the Constitution’s free exercise clause? What are the boundaries of religion, and what is the constitutional basis for protecting some religious beliefs but not others? What characterizes a religious-studies approach to religion and law today? What is gained by approaching law from the vantage point of religious studies, and what does attention to the law offer back to scholars of religion? Religion, Law, USA considers all these questions and more. Each chapter considers a specific keyword in the study of religion and law, such as “conscience,” “establishment,” “secularity,” and “personhood.” Contributors consider specific case studies related to each term, and then expand their analyses to discuss broader implications for the practice and study of American religion. Incorporating pieces from leading voices in the field, this book is an indispensable addition to the scholarship on religion and law in America.
| Author | : Lori Beaman |
| Publisher | : Routledge |
| Total Pages | : 237 |
| Release | : 2020-03-27 |
| Genre | : Education |
| ISBN | : 1000050556 |
This book explores the recent trend toward the transformation of religious symbols and practices into culture in Western democracies. Analyses of three legal cases involving religion in the public sphere are used to illuminate this trend: a municipal council chamber; a town hall; and town board meetings. Each case involves a different national context—Canada, France and the United States—and each illustrates something interesting about the shape-shifting nature of religion, specifically its flexibility and dexterity in the face of the secular, the religious and the plural. Despite the differences in national contexts, in each instance religion is transformed into culture or heritage by the courts to justify or excuse its presence and to distance the state from the possibility that it is violating legal norms of distance from religion. The cultural practice or symbol is represented as a shared national value or activity. Transforming the ‘Other’ into ‘Us’ through reconstitution is also possible. Finally, anxiety about the ‘Other’ becomes part of the story of rendering religion as culture, resulting in the impugning of anyone who dares to question the putative shared culture. The book will be essential reading for students, academics and policy-makers working in the areas of sociology of religion, religious studies, socio-legal studies, law and public policy, constitutional law, religion and politics, and cultural studies.
| Author | : Steven T. Newcomb |
| Publisher | : Fulcrum Publishing |
| Total Pages | : 220 |
| Release | : 2008 |
| Genre | : Law |
| ISBN | : 9781555916428 |
"An analysis of how religious bias shaped U.S. federal Indian law."--
| Author | : Javier García Oliva |
| Publisher | : Routledge |
| Total Pages | : 498 |
| Release | : 2017-08-10 |
| Genre | : Law |
| ISBN | : 1317560744 |
This book examines the existing constitutional and legal system in England, Wales and Scotland, through the prism of its treatment of religion and belief. The study encompasses questions of Church/state relations, but pushes far beyond these. It asks whether the approach to religion which has spread out from establishment to permeate the whole legal framework is a cause of concern or celebration in relation to individual and collective freedoms. The primary focus of the work is the synergy between the religious dimension of the juridical system and the fundamental pillars of the Constitution (parliamentary sovereignty, the rule of law, separation of powers and human rights). Javier García Oliva and Helen Hall challenge the view that separation between public and religious authorities is the most conducive means of nurturing a free and democratic society in modern Britain. The authors explore whether, counter-intuitively for some, the religious dynamic to the legal system actually operates to safeguard liberties, and has a role in generating an inclusive and adaptable backdrop for our collective life. They suggest that the present paradigm brings benefits for citizens of all shades of religious belief and opinion (including Atheist and Humanist perspectives), as well as secondary advantages for those with profound beliefs on non-religious matters, such as pacifism and veganism. In support of their contentions, García Oliva and Hall examine how the religious dimension of the legal framework operates to further essential constitutional principles in diverse settings, ranging from criminal to family law. In a groundbreaking move, the authors also set the legal discussion alongside its social and cultural context. They consider how the theological perspectives of the larger faith traditions might influence members’ ideas around the key constitutional precepts, and they include extracts from interviews which give the personal perspective of more than 100 individuals on contemporary issues of law and religious freedom. These voices are drawn from a range of fields and positions on faith. While the authors are at pains to stress that these sections do not support or advance their legal or theological conclusions, they do provide readers with a human backdrop to the discussion, and demonstrate its crucial importance in twenty-first century Britain.
