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Legal Responses to Religious Differences

Author: Peter William Edge

Publisher: BRILL

Published: 2021-10-25

Total Pages: 530

ISBN-13: 900448082X

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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.

Book Synopsis Legal Responses to Religious Differences by : Peter William Edge

Download or read book Legal Responses to Religious Differences written by Peter William Edge and published by BRILL. This book was released on 2021-10-25 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Legal Responses to Religious Practices in the United States

Author: Austin Sarat

Publisher: Cambridge University Press

Published: 2012-09-10

Total Pages: 325

ISBN-13: 1139576976

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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?

Book Synopsis Legal Responses to Religious Practices in the United States by : Austin Sarat

Download or read book Legal Responses to Religious Practices in the United States written by Austin Sarat and published by Cambridge University Press. This book was released on 2012-09-10 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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?

Defending American Religious Neutrality

Author: Andrew Koppelman

Publisher: Harvard University Press

Published: 2013-01-01

Total Pages: 316

ISBN-13: 0674071077

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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.

Book Synopsis Defending American Religious Neutrality by : Andrew Koppelman

Download or read book Defending American Religious Neutrality written by Andrew Koppelman and published by Harvard University Press. This book was released on 2013-01-01 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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.

Comparative Religious Law

Author: Norman Doe

Publisher: Cambridge University Press

Published: 2018-11-15

Total Pages: 471

ISBN-13: 1107167132

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Compares the modern legal instruments of Jewish, Christian and Muslim organisations in light of their historical religious laws.

Book Synopsis Comparative Religious Law by : Norman Doe

Download or read book Comparative Religious Law written by Norman Doe and published by Cambridge University Press. This book was released on 2018-11-15 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compares the modern legal instruments of Jewish, Christian and Muslim organisations in light of their historical religious laws.

EEOC Compliance Manual

Author: United States. Equal Employment Opportunity Commission

Publisher:

Published: 1992

Total Pages: 368

ISBN-13:

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Book Synopsis EEOC Compliance Manual by : United States. Equal Employment Opportunity Commission

Download or read book EEOC Compliance Manual written by United States. Equal Employment Opportunity Commission and published by . This book was released on 1992 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Transition of Religion to Culture in Law and Public Discourse

Author: Lori G. Beaman

Publisher: Routledge

Published: 2020-03-27

Total Pages: 229

ISBN-13: 1000050556

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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.

Book Synopsis The Transition of Religion to Culture in Law and Public Discourse by : Lori G. Beaman

Download or read book The Transition of Religion to Culture in Law and Public Discourse written by Lori G. Beaman and published by Routledge. This book was released on 2020-03-27 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Legal Responses to Religious Practices in the United States

Author: Austin Sarat

Publisher:

Published: 2012

Total Pages: 326

ISBN-13: 9781139571029

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This book questions what practices constitute a 'religious activity' such that it cannot be supported or funded by government.

Book Synopsis Legal Responses to Religious Practices in the United States by : Austin Sarat

Download or read book Legal Responses to Religious Practices in the United States written by Austin Sarat and published by . This book was released on 2012 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book questions what practices constitute a 'religious activity' such that it cannot be supported or funded by government.

Law and Religious Pluralism in Canada

Author: Richard J. Moon

Publisher: UBC Press

Published: 2009-05-01

Total Pages: 327

ISBN-13: 0774858532

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Law and Religious Pluralism in Canada seeks to elucidate the complex and often uneasy relationship between law and religion in democracies committed both to equal citizenship and religious pluralism. Leading socio-legal scholars consider the role of religious values in public decision making, government support for religious practices, and the restriction and accommodation by government of minority religious practices. They examine such current issues as the legal recognition of sharia arbitration, the re-definition of civil marriage, and the accommodation of religious practice in the public sphere.

Book Synopsis Law and Religious Pluralism in Canada by : Richard J. Moon

Download or read book Law and Religious Pluralism in Canada written by Richard J. Moon and published by UBC Press. This book was released on 2009-05-01 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Religious Pluralism in Canada seeks to elucidate the complex and often uneasy relationship between law and religion in democracies committed both to equal citizenship and religious pluralism. Leading socio-legal scholars consider the role of religious values in public decision making, government support for religious practices, and the restriction and accommodation by government of minority religious practices. They examine such current issues as the legal recognition of sharia arbitration, the re-definition of civil marriage, and the accommodation of religious practice in the public sphere.

On Religious Diversity

Author: Robert McKim

Publisher: Oxford University Press

Published: 2012-01-23

Total Pages: 184

ISBN-13: 0199913412

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In On Religious Diversity Robert McKim distinguishes and examines a number of possible responses to the knowledge of diverse religious traditions that is available to all of us today. There is no escaping the fact that the presence of competing traditions now confronts each of the traditions in a new and forceful way. And there is widespread if inchoate recognition of genuine religious sensibilities and genuine religious seriousness in others. How might, and how should, an awareness of other traditions affect a member of a particular religious tradition? What attitudes should be taken to the beliefs and salvific prospects of members of other traditions? McKim examines several proposed answers to these questions, offering the deepest analysis to date of such options as exclusivism and inclusivism. He argues that what look like well-defined and discrete positions dissolve somewhat under scrutiny, revealing significantly different possibilities. McKim suggests where best to look for the most plausible answers and makes a case for the attractiveness of inclusivistic options. He pays particular attention to the religiously ambiguous nature of our circumstances and to the implications of this ambiguity.

Book Synopsis On Religious Diversity by : Robert McKim

Download or read book On Religious Diversity written by Robert McKim and published by Oxford University Press. This book was released on 2012-01-23 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: In On Religious Diversity Robert McKim distinguishes and examines a number of possible responses to the knowledge of diverse religious traditions that is available to all of us today. There is no escaping the fact that the presence of competing traditions now confronts each of the traditions in a new and forceful way. And there is widespread if inchoate recognition of genuine religious sensibilities and genuine religious seriousness in others. How might, and how should, an awareness of other traditions affect a member of a particular religious tradition? What attitudes should be taken to the beliefs and salvific prospects of members of other traditions? McKim examines several proposed answers to these questions, offering the deepest analysis to date of such options as exclusivism and inclusivism. He argues that what look like well-defined and discrete positions dissolve somewhat under scrutiny, revealing significantly different possibilities. McKim suggests where best to look for the most plausible answers and makes a case for the attractiveness of inclusivistic options. He pays particular attention to the religiously ambiguous nature of our circumstances and to the implications of this ambiguity.