Current Conflicts in Law and Religion

Current Conflicts in Law and Religion

Author: Vaughn E. James

Publisher:

Published: 2015-05-15

Total Pages: 436

ISBN-13: 9781600422492

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The core of Current Conflicts in Law and Religion takes the reader through eleven hot-topic issues in law and religion in twenty-first century society: The role of religious voices in the political debate; Religious voices in the abortion rights debate; The legalization of same-sex marriage in the United States; The ordination of LGBT clergy; Prayer and religious exercises in the public schools; The place of the phrase "Under God" in the Pledge of Allegiance; Evolution versus Creationism; The place of Intelligent Design in the public school curriculum; The patient's right to refuse medical treatment based on religious belief; The Affordable Care Act, RFRA and the Free Exercise Clause; and International issues in law and religion. One could well view that last hot-topic as containing several hot-topics. But, even with counting it as one hot-topic, Professor James has presented in this one book a review of at least eleven hot-topics in law and religion in contemporary society. Yet, the cases the book covers span a vast expanse of time. They are as old as Reynolds v. United States (1879), and as new as Burwell v. Hobby Lobby Stores, Inc. (2014). Two things set this book apart from others that discuss these two clauses of the Constitution. First, the book devotes a lengthy first chapter to discussing the basic tenets of some world religions. Some of these religions are well-known and often talked about; their tenets are well-known, even to non-adherents. Others are not-so-well-known, are even obscure; their tenets are hardly known or talked about. Second, the book begins each chapter with a true story (with names and places changed or otherwise disguised) that depicts one or more of the current conflicts in law and religion. Those who pick it up should prepare to embark upon a journey through world religions, and a journey through the conflicts mankind has created out of something that should unite and foster love. Professor Vaughn E. James is the Robert H. Bean Professor and Director of the LL.M. Program in United States Legal Studies at Texas Tech University School of Law in Lubbock, Texas. An ordained Minister of Religion, Professor James is a graduate of both the Seventh-day Adventist Theological Seminary and Newburgh Theological Seminary. A graduate of Syracuse University College of Law, he is licensed to practice in New York and Texas, in the federal Northern District of Texas, and before the United States Tax Court. He is also an IRS Registered Tax Return Preparer."


Book Synopsis Current Conflicts in Law and Religion by : Vaughn E. James

Download or read book Current Conflicts in Law and Religion written by Vaughn E. James and published by . This book was released on 2015-05-15 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: The core of Current Conflicts in Law and Religion takes the reader through eleven hot-topic issues in law and religion in twenty-first century society: The role of religious voices in the political debate; Religious voices in the abortion rights debate; The legalization of same-sex marriage in the United States; The ordination of LGBT clergy; Prayer and religious exercises in the public schools; The place of the phrase "Under God" in the Pledge of Allegiance; Evolution versus Creationism; The place of Intelligent Design in the public school curriculum; The patient's right to refuse medical treatment based on religious belief; The Affordable Care Act, RFRA and the Free Exercise Clause; and International issues in law and religion. One could well view that last hot-topic as containing several hot-topics. But, even with counting it as one hot-topic, Professor James has presented in this one book a review of at least eleven hot-topics in law and religion in contemporary society. Yet, the cases the book covers span a vast expanse of time. They are as old as Reynolds v. United States (1879), and as new as Burwell v. Hobby Lobby Stores, Inc. (2014). Two things set this book apart from others that discuss these two clauses of the Constitution. First, the book devotes a lengthy first chapter to discussing the basic tenets of some world religions. Some of these religions are well-known and often talked about; their tenets are well-known, even to non-adherents. Others are not-so-well-known, are even obscure; their tenets are hardly known or talked about. Second, the book begins each chapter with a true story (with names and places changed or otherwise disguised) that depicts one or more of the current conflicts in law and religion. Those who pick it up should prepare to embark upon a journey through world religions, and a journey through the conflicts mankind has created out of something that should unite and foster love. Professor Vaughn E. James is the Robert H. Bean Professor and Director of the LL.M. Program in United States Legal Studies at Texas Tech University School of Law in Lubbock, Texas. An ordained Minister of Religion, Professor James is a graduate of both the Seventh-day Adventist Theological Seminary and Newburgh Theological Seminary. A graduate of Syracuse University College of Law, he is licensed to practice in New York and Texas, in the federal Northern District of Texas, and before the United States Tax Court. He is also an IRS Registered Tax Return Preparer."


When Free Exercise and Nonestablishment Conflict

When Free Exercise and Nonestablishment Conflict

Author: Kent Greenawalt

Publisher: Harvard University Press

Published: 2017-06-19

Total Pages: 304

ISBN-13: 0674978005

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“Congress shall make no law reflecting an establishment of religion or prohibiting the free exercise thereof.” The First Amendment aims to separate church and state, but Kent Greenawalt examines many situations in which its two clauses—the Nonestablishment Clause and the Free Exercise Clause—point in opposite directions. How should courts decide?


Book Synopsis When Free Exercise and Nonestablishment Conflict by : Kent Greenawalt

Download or read book When Free Exercise and Nonestablishment Conflict written by Kent Greenawalt and published by Harvard University Press. This book was released on 2017-06-19 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Congress shall make no law reflecting an establishment of religion or prohibiting the free exercise thereof.” The First Amendment aims to separate church and state, but Kent Greenawalt examines many situations in which its two clauses—the Nonestablishment Clause and the Free Exercise Clause—point in opposite directions. How should courts decide?


Law and Religion in Indonesia

Law and Religion in Indonesia

Author: Melissa Crouch

Publisher: Routledge

Published: 2013-11-12

Total Pages: 282

ISBN-13: 1134508360

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Understanding and managing inter-religious relations, particularly between Muslims and Christians, presents a challenge for states around the world. This book investigates legal disputes between religious communities in the world’s largest majority-Muslim, democratic country, Indonesia. It considers how the interaction between state and religion has influenced relations between religious communities in the transition to democracy. The book presents original case studies based on empirical field research of court disputes in West Java, a majority-Muslim province with a history of radical Islam. These include criminal court cases, as well as cases of judicial review, relating to disputes concerning religious education, permits for religious buildings and the crime of blasphemy. The book argues that the democratic law reform process has been influenced by radical Islamists because of the politicization of religion under democracy and the persistence of fears of Christianization. It finds that disputes have been localized through the decentralization of power and exacerbated by the central government’s ambivalent attitude towards radical Islamists who disregard the rule of law. Examining the challenge facing governments to accommodate minorities and manage religious pluralism, the book furthers understanding of state-religion relations in the Muslim world. This accessible and engaging book is of interest to students and scholars of law and society in Southeast Asia, was well as Islam and the state, and the legal regulation of religious diversity.


Book Synopsis Law and Religion in Indonesia by : Melissa Crouch

Download or read book Law and Religion in Indonesia written by Melissa Crouch and published by Routledge. This book was released on 2013-11-12 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding and managing inter-religious relations, particularly between Muslims and Christians, presents a challenge for states around the world. This book investigates legal disputes between religious communities in the world’s largest majority-Muslim, democratic country, Indonesia. It considers how the interaction between state and religion has influenced relations between religious communities in the transition to democracy. The book presents original case studies based on empirical field research of court disputes in West Java, a majority-Muslim province with a history of radical Islam. These include criminal court cases, as well as cases of judicial review, relating to disputes concerning religious education, permits for religious buildings and the crime of blasphemy. The book argues that the democratic law reform process has been influenced by radical Islamists because of the politicization of religion under democracy and the persistence of fears of Christianization. It finds that disputes have been localized through the decentralization of power and exacerbated by the central government’s ambivalent attitude towards radical Islamists who disregard the rule of law. Examining the challenge facing governments to accommodate minorities and manage religious pluralism, the book furthers understanding of state-religion relations in the Muslim world. This accessible and engaging book is of interest to students and scholars of law and society in Southeast Asia, was well as Islam and the state, and the legal regulation of religious diversity.


Law's Religion

Law's Religion

Author: Benjamin L. Berger

Publisher: University of Toronto Press

Published: 2016-01-28

Total Pages: 240

ISBN-13: 1442696397

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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.


Book Synopsis Law's Religion by : Benjamin L. Berger

Download or read book Law's Religion written by Benjamin L. Berger and published by University of Toronto Press. This book was released on 2016-01-28 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


For God's Sake

For God's Sake

Author: Antony Loewenstein

Publisher: Macmillan Publishers Aus.

Published: 2013-07-01

Total Pages: 320

ISBN-13: 1743289138

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Four Australian thinkers come together to ask and answer the big questions, such as: What is the nature of the universe? Doesn't religion cause most of the conflict in the world? and Where do we find hope? We are introduced to the detail of different belief systems - Judaism, Christianity, Islam - and to the argument that atheism, like organised religion, has its own compelling logic. And we gain insight into the life events that led each author to their current position. Jane Caro flirted briefly with spiritual belief, inspired by 19th century literary heroines such as Elizabeth Gaskell and the Brontë sisters. Antony Lowenstein is proudly culturally, yet unconventionally, Jewish. Simon Smart is firmly and resolutely a Christian, but one who has had some of his most profound spiritual moments while surfing. Rachel Woodlock grew up in the alternative embrace of Baha'i belief but became entranced by its older parent religion, Islam. Provocative, informative and passionately argued, For God's Sake encourages us to accept religious differences but to also challenge more vigorously the beliefs that create discord.


Book Synopsis For God's Sake by : Antony Loewenstein

Download or read book For God's Sake written by Antony Loewenstein and published by Macmillan Publishers Aus.. This book was released on 2013-07-01 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Four Australian thinkers come together to ask and answer the big questions, such as: What is the nature of the universe? Doesn't religion cause most of the conflict in the world? and Where do we find hope? We are introduced to the detail of different belief systems - Judaism, Christianity, Islam - and to the argument that atheism, like organised religion, has its own compelling logic. And we gain insight into the life events that led each author to their current position. Jane Caro flirted briefly with spiritual belief, inspired by 19th century literary heroines such as Elizabeth Gaskell and the Brontë sisters. Antony Lowenstein is proudly culturally, yet unconventionally, Jewish. Simon Smart is firmly and resolutely a Christian, but one who has had some of his most profound spiritual moments while surfing. Rachel Woodlock grew up in the alternative embrace of Baha'i belief but became entranced by its older parent religion, Islam. Provocative, informative and passionately argued, For God's Sake encourages us to accept religious differences but to also challenge more vigorously the beliefs that create discord.


Current Issues in Law and Religion

Current Issues in Law and Religion

Author: Silvio Ferrari

Publisher: Routledge

Published: 2017-07-05

Total Pages: 583

ISBN-13: 1351570277

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This volume focuses on issues that have only recently come to the forefront of the discipline such as freedom from religion, ordination of homosexuals, apostasy, security and fundamentalism, issues that are linked to the common themes of secularism and globalization. Although these subjects are not new to the academic debate, they have become prominent in law and religion circles as a result of recent and rapid changes in society. The essays in this volume present multiple points of view, facilitate scholars in understanding this evolving discipline and act as a stimulus for further research.This collection gives the reader a sense of the key topics and current debates in law and religion and is of interest to law, politics, human rights, and religion scholars.


Book Synopsis Current Issues in Law and Religion by : Silvio Ferrari

Download or read book Current Issues in Law and Religion written by Silvio Ferrari and published by Routledge. This book was released on 2017-07-05 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume focuses on issues that have only recently come to the forefront of the discipline such as freedom from religion, ordination of homosexuals, apostasy, security and fundamentalism, issues that are linked to the common themes of secularism and globalization. Although these subjects are not new to the academic debate, they have become prominent in law and religion circles as a result of recent and rapid changes in society. The essays in this volume present multiple points of view, facilitate scholars in understanding this evolving discipline and act as a stimulus for further research.This collection gives the reader a sense of the key topics and current debates in law and religion and is of interest to law, politics, human rights, and religion scholars.


Religion and Equality

Religion and Equality

Author: W. Cole Durham, Jr.

Publisher: Routledge

Published: 2016-05-26

Total Pages: 214

ISBN-13: 1317068084

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This volume presents an analysis of controversial events and issues shaping a rapidly changing international legal, political, and social landscape. Leading scholars and experts in law, religious studies and international relations, thoughtfully consider issues and tensions arising in contemporary debates over religion and equality in many parts of the world. The book is in two parts. The first section focuses on the anti-discrimination dimension of religious freedom norms, examining the developing law on equality and human rights and how it operates at international and national levels. The second section provides a series of case studies exploring the contemporary issue of same-sex marriage and how it affects religious groups and believers. This collection will be of interest to academics and scholars of law, religious studies, political science, and sociology, as well as policymakers and legal practitioners.


Book Synopsis Religion and Equality by : W. Cole Durham, Jr.

Download or read book Religion and Equality written by W. Cole Durham, Jr. and published by Routledge. This book was released on 2016-05-26 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents an analysis of controversial events and issues shaping a rapidly changing international legal, political, and social landscape. Leading scholars and experts in law, religious studies and international relations, thoughtfully consider issues and tensions arising in contemporary debates over religion and equality in many parts of the world. The book is in two parts. The first section focuses on the anti-discrimination dimension of religious freedom norms, examining the developing law on equality and human rights and how it operates at international and national levels. The second section provides a series of case studies exploring the contemporary issue of same-sex marriage and how it affects religious groups and believers. This collection will be of interest to academics and scholars of law, religious studies, political science, and sociology, as well as policymakers and legal practitioners.


Gender, Religion, and Family Law

Gender, Religion, and Family Law

Author: Lisa Fishbayn Joffe

Publisher: UPNE

Published: 2013

Total Pages: 346

ISBN-13: 1611683270

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Groundbreaking theoretical and legal approaches to resolving conflicts between gender equality and cultural practices


Book Synopsis Gender, Religion, and Family Law by : Lisa Fishbayn Joffe

Download or read book Gender, Religion, and Family Law written by Lisa Fishbayn Joffe and published by UPNE. This book was released on 2013 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Groundbreaking theoretical and legal approaches to resolving conflicts between gender equality and cultural practices


International Law and Religion

International Law and Religion

Author: Martti Koskenniemi

Publisher: Oxford University Press

Published: 2017

Total Pages: 481

ISBN-13: 019880587X

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This books maps out the territory of international law and religion challenging receiving traditions in fundamental aspects. On the one hand, the connection of international law and religion has been little explored. On the other, most of current research on international legal thought presents international law as the very victory of secularization. By questioning that narrative of secularization this book approaches these traditions from a new perspective. From the Middle Ages' early conceptualizations of rights and law to contemporary political theory, the chapters bring to life debates concerning the interaction of the meaning of the legal and the sacred. The contributors approach their chapters from an array of different backgrounds and perspectives but with the common objective of investigating the mutually shaping relationship of religion and law. The collaborative endeavour that this volume offers makes available substantial knowledge on the question of international law and religion --Front flap.


Book Synopsis International Law and Religion by : Martti Koskenniemi

Download or read book International Law and Religion written by Martti Koskenniemi and published by Oxford University Press. This book was released on 2017 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: This books maps out the territory of international law and religion challenging receiving traditions in fundamental aspects. On the one hand, the connection of international law and religion has been little explored. On the other, most of current research on international legal thought presents international law as the very victory of secularization. By questioning that narrative of secularization this book approaches these traditions from a new perspective. From the Middle Ages' early conceptualizations of rights and law to contemporary political theory, the chapters bring to life debates concerning the interaction of the meaning of the legal and the sacred. The contributors approach their chapters from an array of different backgrounds and perspectives but with the common objective of investigating the mutually shaping relationship of religion and law. The collaborative endeavour that this volume offers makes available substantial knowledge on the question of international law and religion --Front flap.


Law and Religion

Law and Religion

Author: W. Cole Durham Jr.

Publisher: Aspen Publishing

Published: 2019-02-01

Total Pages: 1015

ISBN-13: 1543807038

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Offering extensive international and comparative law materials, as well as discussion of key United States First Amendment cases, international experts Durham and Scharffs bring vision and scope to the study of Law and Religion. The text and its continually updated online Supplement support courses on Law and Religion, Church and State, International Human Rights, Comparative Constitutional Law, and First Amendment. New to the Second Edition: ¿ National: Recent U.S. court cases and legislative moves dealing with religion in conflict with anti- discrimination norms, including immigration; same-sex marriage; and conscientious objection by religious organizations, government officials, pharmacies, businesses (including “wedding vendors”) to providing products, services, and insurance benefits in violation of religious beliefs ¿ International: Landmark religion cases in Canada, Europe, and Asia involving such issues as women’s rights, law school accreditation, display of religious symbols and wearing of face coverings in public (including schools); persecution of religious minorities, including prosecution for blasphemy; discussion of new levels of and responses to religious extremism ¿ Comparative: Discussions across multiple jurisdictions of such issues as education, tax, government regulation of religion, and women’s issues, such as genital cutting (worldwide, including U.S.) and divorce (“triple talaq” in India, Shari’a arbitration in Canada, and Shari’a councils in the U.K.) Professors and students will benefit from: ¿ Traditional law and religion course coverage of U.S. materials, including the major Free Exercise and Establishment Clause cases ¿ Comparative law cases and materials reflecting more than fifty countries and regions, and which include corporal punishment; compelled patriotic observances; state funding of religions; autonomy of religious organizations to choose personnel and provide services; conscientious objection in the military and in personal, employment, and educational settings; parameters of speech regulation, including hate speech and speech that offends religious sensibilities; anti- conversion laws; the rights of women in tension with religious claims of exclusion and divorce practices; and much more ¿ International law materials, including: o Key international and regional human rights instruments; 87 cases from the European Court of Human Rights; and key decisions of the Court of Justice of the European Union and the United Nations Human Rights Committee o Cases covering issues such as the right to register religious associations; headscarves and face coverings; religious slaughter for kosher and halal foods; exemptions from church taxes; conscientious objection; proselytizing; religious oaths; church autonomy; religious education; and conflicts arising between religious freedom and other human rights (e.g., women's rights, rights of indigenous peoples, sexual minorities, and children's rights) o Responses from inside and outside the Muslim world to the rise of violent Islamist extremism ¿ Islamic, Christian, Jewish, Hindu, Buddhist, and other perspectives on freedom of religion, touching on defamation of religion; the new constitution of Iraq; religious political parties in Turkey; the definition of being Jewish for rights of citizenship in Israel; the right of Muslim and Hindu women to enter sacred space in India; death sentences and extra-judicial lynching for perceived violation of blasphemy laws in Pakistan; and reactions of governments, including the government of Russia, to perceived religious extremism


Book Synopsis Law and Religion by : W. Cole Durham Jr.

Download or read book Law and Religion written by W. Cole Durham Jr. and published by Aspen Publishing. This book was released on 2019-02-01 with total page 1015 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering extensive international and comparative law materials, as well as discussion of key United States First Amendment cases, international experts Durham and Scharffs bring vision and scope to the study of Law and Religion. The text and its continually updated online Supplement support courses on Law and Religion, Church and State, International Human Rights, Comparative Constitutional Law, and First Amendment. New to the Second Edition: ¿ National: Recent U.S. court cases and legislative moves dealing with religion in conflict with anti- discrimination norms, including immigration; same-sex marriage; and conscientious objection by religious organizations, government officials, pharmacies, businesses (including “wedding vendors”) to providing products, services, and insurance benefits in violation of religious beliefs ¿ International: Landmark religion cases in Canada, Europe, and Asia involving such issues as women’s rights, law school accreditation, display of religious symbols and wearing of face coverings in public (including schools); persecution of religious minorities, including prosecution for blasphemy; discussion of new levels of and responses to religious extremism ¿ Comparative: Discussions across multiple jurisdictions of such issues as education, tax, government regulation of religion, and women’s issues, such as genital cutting (worldwide, including U.S.) and divorce (“triple talaq” in India, Shari’a arbitration in Canada, and Shari’a councils in the U.K.) Professors and students will benefit from: ¿ Traditional law and religion course coverage of U.S. materials, including the major Free Exercise and Establishment Clause cases ¿ Comparative law cases and materials reflecting more than fifty countries and regions, and which include corporal punishment; compelled patriotic observances; state funding of religions; autonomy of religious organizations to choose personnel and provide services; conscientious objection in the military and in personal, employment, and educational settings; parameters of speech regulation, including hate speech and speech that offends religious sensibilities; anti- conversion laws; the rights of women in tension with religious claims of exclusion and divorce practices; and much more ¿ International law materials, including: o Key international and regional human rights instruments; 87 cases from the European Court of Human Rights; and key decisions of the Court of Justice of the European Union and the United Nations Human Rights Committee o Cases covering issues such as the right to register religious associations; headscarves and face coverings; religious slaughter for kosher and halal foods; exemptions from church taxes; conscientious objection; proselytizing; religious oaths; church autonomy; religious education; and conflicts arising between religious freedom and other human rights (e.g., women's rights, rights of indigenous peoples, sexual minorities, and children's rights) o Responses from inside and outside the Muslim world to the rise of violent Islamist extremism ¿ Islamic, Christian, Jewish, Hindu, Buddhist, and other perspectives on freedom of religion, touching on defamation of religion; the new constitution of Iraq; religious political parties in Turkey; the definition of being Jewish for rights of citizenship in Israel; the right of Muslim and Hindu women to enter sacred space in India; death sentences and extra-judicial lynching for perceived violation of blasphemy laws in Pakistan; and reactions of governments, including the government of Russia, to perceived religious extremism