Why Religious Freedom Matters for Democracy

Why Religious Freedom Matters for Democracy

Author: Myriam Hunter-Henin

Publisher: Bloomsbury Publishing

Published: 2020-06-11

Total Pages: 160

ISBN-13: 150990476X

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Should an employee be allowed to wear a religious symbol at work? Should a religious employer be allowed to impose constraints on employees' private lives for the sake of enforcing a religious work ethos? Should an employee or service provider be allowed, on religious grounds, to refuse to work with customers of the opposite sex or of a same-sex sexual orientation? This book explores how judges decide these issues and defends a democratic approach, which is conducive to a more democratic understanding of our vivre ensemble. The normative democratic approach proposed in this book is grounded on a sociological and historical analysis of two national stories of the relationships between law, religion, diversity and the State, the British (mainly English) and the French stories. The book then puts the democratic paradigm to the test, by looking at cases involving clashes between religious freedoms and competing rights in the workplace. Contrary to the current alternative between the “accommodationist view”, which defers to religious requests, and the “analogous” view, which undermines the importance of religious freedom for pluralism, this book offers a third way. It fills a gap in the literature on the relationships between law and religious freedoms and provides guidelines for judges confronted with difficult cases.


Book Synopsis Why Religious Freedom Matters for Democracy by : Myriam Hunter-Henin

Download or read book Why Religious Freedom Matters for Democracy written by Myriam Hunter-Henin and published by Bloomsbury Publishing. This book was released on 2020-06-11 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should an employee be allowed to wear a religious symbol at work? Should a religious employer be allowed to impose constraints on employees' private lives for the sake of enforcing a religious work ethos? Should an employee or service provider be allowed, on religious grounds, to refuse to work with customers of the opposite sex or of a same-sex sexual orientation? This book explores how judges decide these issues and defends a democratic approach, which is conducive to a more democratic understanding of our vivre ensemble. The normative democratic approach proposed in this book is grounded on a sociological and historical analysis of two national stories of the relationships between law, religion, diversity and the State, the British (mainly English) and the French stories. The book then puts the democratic paradigm to the test, by looking at cases involving clashes between religious freedoms and competing rights in the workplace. Contrary to the current alternative between the “accommodationist view”, which defers to religious requests, and the “analogous” view, which undermines the importance of religious freedom for pluralism, this book offers a third way. It fills a gap in the literature on the relationships between law and religious freedoms and provides guidelines for judges confronted with difficult cases.


Why Religious Freedom Matters for Democracy

Why Religious Freedom Matters for Democracy

Author: Myriam Hunter-Hénin

Publisher:

Published: 2020

Total Pages: 160

ISBN-13: 9781509904778

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Introduction -- Contextual Analyses : Laïcité and the Democratic Vivre Ensemble -- Contextual Analyses : The English Experience of Vivre Ensemble -- Conceptual Framework : The Liberal Democratic Vivre Ensemble -- Lessons from Achbita -- Beyond Achbita : Possible Ways Forward -- Conclusion.


Book Synopsis Why Religious Freedom Matters for Democracy by : Myriam Hunter-Hénin

Download or read book Why Religious Freedom Matters for Democracy written by Myriam Hunter-Hénin and published by . This book was released on 2020 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- Contextual Analyses : Laïcité and the Democratic Vivre Ensemble -- Contextual Analyses : The English Experience of Vivre Ensemble -- Conceptual Framework : The Liberal Democratic Vivre Ensemble -- Lessons from Achbita -- Beyond Achbita : Possible Ways Forward -- Conclusion.


The Tragedy of Religious Freedom

The Tragedy of Religious Freedom

Author: Marc O. DeGirolami

Publisher: Harvard University Press

Published: 2013-06-10

Total Pages: 362

ISBN-13: 0674074157

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When it comes to questions of religion, legal scholars face a predicament. They often expect to resolve dilemmas according to general principles of equality, neutrality, or the separation of church and state. But such abstractions fail to do justice to the untidy welter of values at stake. Offering new views of how to understand and protect religious freedom in a democracy, The Tragedy of Religious Freedom challenges the idea that matters of law and religion should be referred to far-flung theories about the First Amendment. Examining a broad array of contemporary and more established Supreme Court rulings, Marc DeGirolami explains why conflicts implicating religious liberty are so emotionally fraught and deeply contested. Twenty-first-century realities of pluralism have outrun how scholars think about religious freedom, DeGirolami asserts. Scholars have not been candid enough about the tragic nature of the conflicts over religious liberty—the clash of opposing interests and aspirations they entail, and the limits of human reason to resolve intractable differences. The Tragedy of Religious Freedom seeks to turn our attention from abstracted, absolute values to concrete, historical realities. Social history, characterized by the struggles of lawyers engaged in the details of irreducible conflicts, represents the most promising avenue to negotiate legal conflicts over religion. In this volume, DeGirolami offers an approach to understanding religious liberty that is neither rigidly systematic nor ad hoc, but a middle path grounded in a pluralistic and historically informed perspective.


Book Synopsis The Tragedy of Religious Freedom by : Marc O. DeGirolami

Download or read book The Tragedy of Religious Freedom written by Marc O. DeGirolami and published by Harvard University Press. This book was released on 2013-06-10 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: When it comes to questions of religion, legal scholars face a predicament. They often expect to resolve dilemmas according to general principles of equality, neutrality, or the separation of church and state. But such abstractions fail to do justice to the untidy welter of values at stake. Offering new views of how to understand and protect religious freedom in a democracy, The Tragedy of Religious Freedom challenges the idea that matters of law and religion should be referred to far-flung theories about the First Amendment. Examining a broad array of contemporary and more established Supreme Court rulings, Marc DeGirolami explains why conflicts implicating religious liberty are so emotionally fraught and deeply contested. Twenty-first-century realities of pluralism have outrun how scholars think about religious freedom, DeGirolami asserts. Scholars have not been candid enough about the tragic nature of the conflicts over religious liberty—the clash of opposing interests and aspirations they entail, and the limits of human reason to resolve intractable differences. The Tragedy of Religious Freedom seeks to turn our attention from abstracted, absolute values to concrete, historical realities. Social history, characterized by the struggles of lawyers engaged in the details of irreducible conflicts, represents the most promising avenue to negotiate legal conflicts over religion. In this volume, DeGirolami offers an approach to understanding religious liberty that is neither rigidly systematic nor ad hoc, but a middle path grounded in a pluralistic and historically informed perspective.


Religion, Secularism, and Constitutional Democracy

Religion, Secularism, and Constitutional Democracy

Author: Jean L. Cohen

Publisher: Columbia University Press

Published: 2015-12-22

Total Pages: 465

ISBN-13: 0231540736

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Polarization between political religionists and militant secularists on both sides of the Atlantic is on the rise. Critically engaging with traditional secularism and religious accommodationism, this collection introduces a constitutional secularism that robustly meets contemporary challenges. It identifies which connections between religion and the state are compatible with the liberal, republican, and democratic principles of constitutional democracy and assesses the success of their implementation in the birthplace of political secularism: the United States and Western Europe. Approaching this issue from philosophical, legal, historical, political, and sociological perspectives, the contributors wage a thorough defense of their project's theoretical and institutional legitimacy. Their work brings fresh insight to debates over the balance of human rights and religious freedom, the proper definition of a nonestablishment norm, and the relationship between sovereignty and legal pluralism. They discuss the genealogy of and tensions involving international legal rights to religious freedom, religious symbols in public spaces, religious arguments in public debates, the jurisdiction of religious authorities in personal law, and the dilemmas of religious accommodation in national constitutions and public policy when it violates international human rights agreements or liberal-democratic principles. If we profoundly rethink the concepts of religion and secularism, these thinkers argue, a principled adjudication of competing claims becomes possible.


Book Synopsis Religion, Secularism, and Constitutional Democracy by : Jean L. Cohen

Download or read book Religion, Secularism, and Constitutional Democracy written by Jean L. Cohen and published by Columbia University Press. This book was released on 2015-12-22 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Polarization between political religionists and militant secularists on both sides of the Atlantic is on the rise. Critically engaging with traditional secularism and religious accommodationism, this collection introduces a constitutional secularism that robustly meets contemporary challenges. It identifies which connections between religion and the state are compatible with the liberal, republican, and democratic principles of constitutional democracy and assesses the success of their implementation in the birthplace of political secularism: the United States and Western Europe. Approaching this issue from philosophical, legal, historical, political, and sociological perspectives, the contributors wage a thorough defense of their project's theoretical and institutional legitimacy. Their work brings fresh insight to debates over the balance of human rights and religious freedom, the proper definition of a nonestablishment norm, and the relationship between sovereignty and legal pluralism. They discuss the genealogy of and tensions involving international legal rights to religious freedom, religious symbols in public spaces, religious arguments in public debates, the jurisdiction of religious authorities in personal law, and the dilemmas of religious accommodation in national constitutions and public policy when it violates international human rights agreements or liberal-democratic principles. If we profoundly rethink the concepts of religion and secularism, these thinkers argue, a principled adjudication of competing claims becomes possible.


The Freedom to Read

The Freedom to Read

Author: American Library Association

Publisher:

Published: 1953

Total Pages: 16

ISBN-13:

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Book Synopsis The Freedom to Read by : American Library Association

Download or read book The Freedom to Read written by American Library Association and published by . This book was released on 1953 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:


Freedom of Religion and the Secular State

Freedom of Religion and the Secular State

Author: Russell Blackford

Publisher: John Wiley & Sons

Published: 2012-02-07

Total Pages: 219

ISBN-13: 0470674032

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Exploring the relationship between religion and the state Focusing on the intersection of religion, law, and politics in contemporary liberal democracies, Blackford considers the concept of the secular state, revising and updating enlightenment views for the present day. Freedom of Religion and the Secular State offers a comprehensive analysis, with a global focus, of the subject of religious freedom from a legal as well as historical and philosophical viewpoint. It makes an original contribution to current debates about freedom of religion, and addresses a whole range of hot-button issues that involve the relationship between religion and the state, including the teaching of evolution in schools, what to do about the burqa, and so on.


Book Synopsis Freedom of Religion and the Secular State by : Russell Blackford

Download or read book Freedom of Religion and the Secular State written by Russell Blackford and published by John Wiley & Sons. This book was released on 2012-02-07 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the relationship between religion and the state Focusing on the intersection of religion, law, and politics in contemporary liberal democracies, Blackford considers the concept of the secular state, revising and updating enlightenment views for the present day. Freedom of Religion and the Secular State offers a comprehensive analysis, with a global focus, of the subject of religious freedom from a legal as well as historical and philosophical viewpoint. It makes an original contribution to current debates about freedom of religion, and addresses a whole range of hot-button issues that involve the relationship between religion and the state, including the teaching of evolution in schools, what to do about the burqa, and so on.


Equality, Freedom, and Religion

Equality, Freedom, and Religion

Author: Roger Trigg

Publisher: Oxford University Press

Published: 2012-01-05

Total Pages:

ISBN-13: 0191613371

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Is religious freedom being curtailed in pursuit of equality, and the outlawing of discrimination? Is enough effort made to accommodate those motivated by a religious conscience? All rights matter but at times the right to put religious beliefs into practice increasingly takes second place in the law of different countries to the pursuit of other social priorities. The right to freedom of belief and to manifest belief is written into all human rights charters. In the United States religious freedom is sometimes seen as 'the first freedom'. Yet increasingly in many jurisdictions in Europe and North America, religious freedom can all too easily be 'trumped' by other rights. Roger Trigg looks at the assumptions that lie behind the subordination of religious liberty to other social concerns, especially the pursuit of equality. He gives examples from different Western countries of a steady erosion of freedom of religion. The protection of freedom of worship is often seen as sufficient, and religious practices are separated from the beliefs which inspire them. So far from religion in general, and Christianity in particular, providing a foundation for our beliefs in human dignity and human rights, religion is all too often seen as threat and a source of conflict, to be controlled at all costs. The challenge is whether any freedom can preserved for long, if the basic human right to freedom of religious belief and practice is dismissed as of little account, with no attempt to provide any reasonable accommodation. Given the central role of religion in human life, unnecessary limitations on its expression are attacks on human freedom itself.


Book Synopsis Equality, Freedom, and Religion by : Roger Trigg

Download or read book Equality, Freedom, and Religion written by Roger Trigg and published by Oxford University Press. This book was released on 2012-01-05 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Is religious freedom being curtailed in pursuit of equality, and the outlawing of discrimination? Is enough effort made to accommodate those motivated by a religious conscience? All rights matter but at times the right to put religious beliefs into practice increasingly takes second place in the law of different countries to the pursuit of other social priorities. The right to freedom of belief and to manifest belief is written into all human rights charters. In the United States religious freedom is sometimes seen as 'the first freedom'. Yet increasingly in many jurisdictions in Europe and North America, religious freedom can all too easily be 'trumped' by other rights. Roger Trigg looks at the assumptions that lie behind the subordination of religious liberty to other social concerns, especially the pursuit of equality. He gives examples from different Western countries of a steady erosion of freedom of religion. The protection of freedom of worship is often seen as sufficient, and religious practices are separated from the beliefs which inspire them. So far from religion in general, and Christianity in particular, providing a foundation for our beliefs in human dignity and human rights, religion is all too often seen as threat and a source of conflict, to be controlled at all costs. The challenge is whether any freedom can preserved for long, if the basic human right to freedom of religious belief and practice is dismissed as of little account, with no attempt to provide any reasonable accommodation. Given the central role of religion in human life, unnecessary limitations on its expression are attacks on human freedom itself.


Imagining Judeo-Christian America

Imagining Judeo-Christian America

Author: K. Healan Gaston

Publisher: University of Chicago Press

Published: 2019-11-15

Total Pages: 361

ISBN-13: 022666399X

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“Judeo-Christian” is a remarkably easy term to look right through. Judaism and Christianity obviously share tenets, texts, and beliefs that have strongly influenced American democracy. In this ambitious book, however, K. Healan Gaston challenges the myth of a monolithic Judeo-Christian America. She demonstrates that the idea is not only a recent and deliberate construct, but also a potentially dangerous one. From the time of its widespread adoption in the 1930s, the ostensible inclusiveness of Judeo-Christian terminology concealed efforts to promote particular conceptions of religion, secularism, and politics. Gaston also shows that this new language, originally rooted in arguments over the nature of democracy that intensified in the early Cold War years, later became a marker in the culture wars that continue today. She argues that the debate on what constituted Judeo-Christian—and American—identity has shaped the country’s religious and political culture much more extensively than previously recognized.


Book Synopsis Imagining Judeo-Christian America by : K. Healan Gaston

Download or read book Imagining Judeo-Christian America written by K. Healan Gaston and published by University of Chicago Press. This book was released on 2019-11-15 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Judeo-Christian” is a remarkably easy term to look right through. Judaism and Christianity obviously share tenets, texts, and beliefs that have strongly influenced American democracy. In this ambitious book, however, K. Healan Gaston challenges the myth of a monolithic Judeo-Christian America. She demonstrates that the idea is not only a recent and deliberate construct, but also a potentially dangerous one. From the time of its widespread adoption in the 1930s, the ostensible inclusiveness of Judeo-Christian terminology concealed efforts to promote particular conceptions of religion, secularism, and politics. Gaston also shows that this new language, originally rooted in arguments over the nature of democracy that intensified in the early Cold War years, later became a marker in the culture wars that continue today. She argues that the debate on what constituted Judeo-Christian—and American—identity has shaped the country’s religious and political culture much more extensively than previously recognized.


Endowed by Our Creator

Endowed by Our Creator

Author: Michael I. Meyerson

Publisher: Yale University Press

Published: 2012-06-05

Total Pages: 477

ISBN-13: 0300183496

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The debate over the framers' concept of freedom of religion has become heated and divisive. This scrupulously researched book sets aside the half-truths, omissions, and partisan arguments, and instead focuses on the actual writings and actions of Washington, Adams, Jefferson, Madison, and others. Legal scholar Michael I. Meyerson investigates how the framers of the Constitution envisioned religious freedom and how they intended it to operate in the new republic. Endowed by Our Creator shows that the framers understood that the American government should not acknowledge religion in a way that favors any particular creed or denomination. Nevertheless, the framers believed that religion could instill virtue and help to unify a diverse nation. They created a spiritual public vocabulary, one that could communicate to all—including agnostics and atheists—that they were valued members of the political community. Through their writings and their decisions, the framers affirmed that respect for religious differences is a fundamental American value, Meyerson concludes. Now it is for us to determine whether religion will be used to alienate and divide or to inspire and unify our religiously diverse nation.


Book Synopsis Endowed by Our Creator by : Michael I. Meyerson

Download or read book Endowed by Our Creator written by Michael I. Meyerson and published by Yale University Press. This book was released on 2012-06-05 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: The debate over the framers' concept of freedom of religion has become heated and divisive. This scrupulously researched book sets aside the half-truths, omissions, and partisan arguments, and instead focuses on the actual writings and actions of Washington, Adams, Jefferson, Madison, and others. Legal scholar Michael I. Meyerson investigates how the framers of the Constitution envisioned religious freedom and how they intended it to operate in the new republic. Endowed by Our Creator shows that the framers understood that the American government should not acknowledge religion in a way that favors any particular creed or denomination. Nevertheless, the framers believed that religion could instill virtue and help to unify a diverse nation. They created a spiritual public vocabulary, one that could communicate to all—including agnostics and atheists—that they were valued members of the political community. Through their writings and their decisions, the framers affirmed that respect for religious differences is a fundamental American value, Meyerson concludes. Now it is for us to determine whether religion will be used to alienate and divide or to inspire and unify our religiously diverse nation.


Religious Freedom

Religious Freedom

Author: Tisa Wenger

Publisher: UNC Press Books

Published: 2017-08-31

Total Pages: 313

ISBN-13: 1469634635

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Religious freedom is so often presented as a timeless American ideal and an inalienable right, appearing fully formed at the founding of the United States. That is simply not so, Tisa Wenger contends in this sweeping and brilliantly argued book. Instead, American ideas about religious freedom were continually reinvented through a vibrant national discourse--Wenger calls it "religious freedom talk--that cannot possibly be separated from the evolving politics of race and empire. More often than not, Wenger demonstrates, religious freedom talk worked to privilege the dominant white Christian population. At the same time, a diverse array of minority groups at home and colonized people abroad invoked and reinterpreted this ideal to defend themselves and their ways of life. In so doing they posed sharp challenges to the racial and religious exclusions of American life. People of almost every religious stripe have argued, debated, negotiated, and brought into being an ideal called American religious freedom, subtly transforming their own identities and traditions in the process. In a post-9/11 world, Wenger reflects, public attention to religious freedom and its implications is as consequential as it has ever been.


Book Synopsis Religious Freedom by : Tisa Wenger

Download or read book Religious Freedom written by Tisa Wenger and published by UNC Press Books. This book was released on 2017-08-31 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religious freedom is so often presented as a timeless American ideal and an inalienable right, appearing fully formed at the founding of the United States. That is simply not so, Tisa Wenger contends in this sweeping and brilliantly argued book. Instead, American ideas about religious freedom were continually reinvented through a vibrant national discourse--Wenger calls it "religious freedom talk--that cannot possibly be separated from the evolving politics of race and empire. More often than not, Wenger demonstrates, religious freedom talk worked to privilege the dominant white Christian population. At the same time, a diverse array of minority groups at home and colonized people abroad invoked and reinterpreted this ideal to defend themselves and their ways of life. In so doing they posed sharp challenges to the racial and religious exclusions of American life. People of almost every religious stripe have argued, debated, negotiated, and brought into being an ideal called American religious freedom, subtly transforming their own identities and traditions in the process. In a post-9/11 world, Wenger reflects, public attention to religious freedom and its implications is as consequential as it has ever been.