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Why Religious Freedom Matters For Democracy

Author : Myriam Hunter-Hénin
ISBN : 1509904778
Genre : Electronic books
File Size : 74. 59 MB
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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.

Why Religious Freedom Matters For Democracy

Author : Myriam Hunter-Henin
ISBN : 9781509904761
Genre : Law
File Size : 24. 4 MB
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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.

Why Religious Freedom Matters For Democracy

Author : Myriam Hunter-Henin
ISBN : 9781509904754
Genre : Law
File Size : 66. 77 MB
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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.

Equality Freedom And Religion

Author : Roger Trigg
ISBN : 9780191613371
Genre : Religion
File Size : 80. 24 MB
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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.

Minorities And Religious Freedom In A Democracy

Author : James Massey
ISBN : UOM:39015061554153
Genre : Democracy
File Size : 32. 78 MB
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This Book Deals With Christians As A Minority And Controverts The Myth That They Are The Most Forward Community. It Details The General Constitutional Rights As Well As Special Rights Of The Minorities In India And Focuses Attention On The Relationship Between Human Rights Of Minorities. An Essential Reading For Sociologists, Political Scientists, Human Rights Activists And All Others Interested In The Issues Involved And The Future Of Indian Polity.

Religious Freedom At Risk

Author : Melanie Adrian
ISBN : 3319214454
Genre : Religion
File Size : 86. 58 MB
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This book examines matters of religious freedom in Europe, considers the work of the European Court of Human Rights in this area, explores issues of multiculturalism and secularism in France, of women in Islam, and of Muslims in the West. The work presents legal analysis and ethnographic fieldwork, focusing on concepts such as laïcité, submission, equality and the role of the state in public education, amongst others. Through this book, the reader can visit inside a French public school located in a low-income neighborhood just south of Paris and learn about the complex dynamics that led up to the passing of the 2004 law banning Muslim headscarves. The chapters bring to light the actors and cultures within the school that set the stage for the passing of the law and the political philosophy that supports it. School culture and philosophy are compared and contrasted to the thoughts and opinions of the teachers, administrators and students to gage how religious freedom and identity are understood. The book goes on to explore the issue of religious freedom at the European Court of Human Rights. The author argues that the right to religious freedom has been too narrowly understood and is being fenced in by static visions of Islam. This jeopardizes the idea of religious freedom more broadly. By becoming entangled with regional and domestic politics, the Court is neglecting important nuances and is jeopardizing secularism, pluralism and democracy. This is a highly readable and accessible book that will appeal to students and scholars of law, anthropology, religious studies and philosophy of religion.

Religious Freedom As A Human Right

Author :
ISBN : 9781428967021
Genre :
File Size : 32. 37 MB
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The Future Of Religious Freedom

Author : Allen D. Hertzke
ISBN : 9780199986910
Genre : Religion
File Size : 54. 82 MB
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What is the status of religious freedom in the world today? What barriers does it face? What are the realistic prospects for improvement, and why does this matter? The Future of Religious Freedom addresses these critical questions by assembling in one volume some of the best forward-thinking and empirical research on religious liberty, international legal trends, and societal dynamics. Top scholars from law, political science, diplomacy, sociology, and religion explore the status, value, and challenges of religious liberty around the world - with illustrations from a wide range of historical situations, contemporary contexts, and constitutional regimes. With a thematic focus on the nature of religious markets and statecraft, the book surveys conditions in different regions, from the Muslim arc to Asia to Eastern Europe. It probes dynamics in both established and emerging democracies. It features up-to-date treatments of such pivotal nations as China, Russia, and Turkey, as well as illuminating new threats to conscience and religious autonomy in the United States and in kin countries of the English speaking world. Finally, it demonstrates the vital contribution of religious freedom to inter-religious harmony, thriving societies, and global security, and applies these findings to the momentous issue of advancing freedom and democracy in Islamic cultures.

The Changing Terrain Of Religious Freedom

Author : Heather J. Sharkey
ISBN : 9780812253375
Genre : Law
File Size : 31. 60 MB
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This volume offers theoretical, historical, and legal perspectives on religious freedom, as an experience, value, and right. Drawing on examples from around the world, its essays show how the terrain of religious freedom has never been smooth and how in recent years the landscape of religious freedom has shifted.

The International Religious Freedom Report

Author :
ISBN : OCLC:52391273
Genre : Freedom of religion
File Size : 71. 82 MB
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"The international religious freedom report for 2002 is submitted to the Congress by the Department of State in compliance with Section 102(b) of the International Religious Freedom Act (IRFA) of 1998. The law provides that the Secretary of State shall transmit to Congress by September 1 of each year, or the first day thereafter on which the appropriate House of Congress is in session, 'an Annual report on international religious freedom supplementing the most recent Human rights reports by providing additional detailed information with respect to matters involving international religious freedom.' This Annual report includes 192 country chapters on the status of religious freedom worldwide"--2002 report home page.

Constitutions And Religious Freedom

Author : Frank B. Cross
ISBN : 9781316240045
Genre : Law
File Size : 43. 61 MB
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Many of us take for granted the idea that the right to religious freedom should be protected in a free, democratic polity. This book challenges whether the protection and privilege of religious belief and identity should be prioritized over any other right. By studying the effects of constitutional promises of religious freedom and establishment clauses, Frank B. Cross sets the stage for a set of empirical questions that examine the consequences of such protections. Although the case for broader protection is often made as a theoretical matter, constitutions generally protect freedom of religion. Allowing people full choice in religious beliefs or freedom of conscience is central to their autonomy. Freedom of religion is thus potentially a very valuable aspect of society, at least so long as it respects the freedom of individuals to be irreligious. This book tests these associations and finds that constitutions provide national religious protection, especially when the legal system is more sophisticated.

Religion Law And Democracy

Author : Ernst-Wolfgang Böckenförde
ISBN : 9780192550613
Genre : Law
File Size : 49. 29 MB
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Ernst-Wolfgang Böckenförde (1930-2019) was one of Europe's foremost legal scholars and political thinkers. As a scholar of constitutional law and a judge on Germany's Federal Constitutional Court (1983-1996), Böckenförde was a major contributor to contemporary debates in legal and political theory, to the conceptual framework of the modern state and its presuppositions, and to contested political issues such as the constitutional status of the state of emergency, citizenship rights, bioethical politics, and the challenges of European integration. His writings have shaped not only academic but also wider public debates from the 1950s to the present, to an extent that few European scholars can match. As a federal constitutional judge and holder of a trusted public office, Böckenförde has influenced the way academics and citizens think about law and politics. During his tenure on the Court, several path-breaking decisions for the Federal Republic of Germany were handed down, including decisions on the deployment of missiles, the law on political parties, the regulation of abortion, and the process of European integration. This second volume in the first representative edition in English of Böckenförde's writings brings together his essays on religion, law, and democracy. The volume is organized in five sections: I. the Catholic Church and Political Order; II. State and Secularity; III. the Theology of Law and its Relation to Political Theory; IV. Norms and the Principle of Human Dignity; and V. Excerpts from a biographical interview. Sections I, II, III, and IV are preceded by an editors' introduction to the articles as well as running editorial commentary to the work.

Limitations Of Religious Freedom By Privileged State Religions Ecclesiae Particularly In Authoritarian States But Also In Democracies

Author : Gerhard Besier
ISBN : 9783643997296
Genre :
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The volume deals with the topic of Religious Freedom in Europe and North America, although not exclusively.The contributions argue that a clear separation of State and Church prevents privileged religions, as well as evangelical movements supported by state interests, from becoming power-political factors that seek to mould a society according to their own values and to their benefit. All too often, politicians are happy to accept ideological support on behalf of a religious community or a religious grouping, and then seek to further the interests and to promote these groups. Even though the two countries demonstrate differences such constellations may be identified in both the USA and in Russia.

Constitutionalism And Religion

Author : Francois Venter
ISBN : 9781785361623
Genre : Law
File Size : 66. 17 MB
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This topical book examines how the goals of constitutionalism – good and fair government – are addressed at a time when the multi-religious composition of countries’ populations has never before been so pronounced. How should governments, courts and officials deal with this diversity? The widely accepted principle of treating others as you wish them to treat you and the universal recognition of human dignity speak against preferential treatment of any religion. Faced with severe challenges, this leads many authorities to seek refuge in secular neutrality. Set against the backdrop of globalized constitutionalism in a post-secular era, Francois Venter proposes engaged objectivity as an alternative to unachievable neutrality. Bringing together the history of church and state, the emergence of contemporary constitutionalism, constitutional comparison and the realities of globalization, this book offers a fresh perspective on the direction in which solutions to difficulties brought about by religious pluralism might be sought. Its wide-ranging comparative analyses and perspectives based on materials published in various languages provide a clear exposition of the range of religious issues with which the contemporary state is increasingly being confronted. Providing a compact but thorough historical and theoretical exposition, this book is an invaluable resource for students, constitutional scholars, judges and legal practitioners.

The Clash Of Orthodoxies

Author : Robert P. George
ISBN : 9781497651432
Genre : Political Science
File Size : 36. 69 MB
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It is a common supposition among many of our cultural elites that a constitutional “wall of separation” between church and state precludes religious believers from bringing their beliefs to bear on public matters. This is because secular liberals typically assume that their own positions on morally charged issues of public policy are the fruit of pure reason, while those of their morally conservative opponents reflect an irrational religious faith. In The Clash of Orthodoxies Robert George shows that this supposition is wrong on both counts. Challenging liberalism’s claim to represent the triumph of reason, George argues that on controversial issues like abortion, stem-cell research, euthanasia, homosexuality, and same-sex marriage, traditional Judeo-Christian beliefs are actually rationally superior to secular liberal alternatives. Drawing on the natural law philosophical tradition, George demolishes various secularist pretenses, such as the notion that the very young and very old among us are somehow subpersonal and not worthy of full legal protection. He reveals the dubious person/body dualism implicit in secularist arguments, and he demonstrates the flawed reasoning behind the idea that the state ought to be neutral regarding competing understandings of the nature and value of marriage. George also revisits the controversy surrounding his participation in the First Things “End of Democracy?” symposium, in which he considered the relevance of Catholic teachings regarding the legitimacy of political regimes to the contemporary American situation. George argues that because natural law and natural rights doctrine lie at the foundation of the American republic, the judicial reading of the Constitution that has undermined democracy in order to enshrine the secularist agenda is deeply flawed. In advancing his thesis, George argues for a return to old-fashioned liberalism, a worldview that he claims is best exemplified by Pope John Paul II, whose teachings laud democracy, religious liberty, and economic freedom while also recognizing the demands of civil rights, social and economic justice, and the principle of subsidiarity. These demands restrain Catholics—and indeed all people of faith—from making personal freedom an absolute, and George takes to task those political leaders who, though believers, have denied or ignored the political responsibility this entails. The Clash of Orthodoxies is a profoundly important contribution to our contemporary national conversation about the proper role of religion in politics. The lucid and persuasive prose of Robert George, one of America’s most prominent public intellectuals, will shock secular liberals out of an unwarranted complacency and provide powerful ammunition for embattled defenders of traditional morality.

Religious Freedom Democracy Human Rights In Asia

Author : United States. Congress. House. Committee on Foreign Affairs
ISBN : UCSD:31822037831070
Genre : China
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Law Religion Constitution

Author : W. Cole Durham
ISBN : 9781317107385
Genre : Law
File Size : 37. 72 MB
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What is the place assigned to religion in the constitutions of contemporary States? What role is religion expected to perform in the fields that are the object of constitutional regulation? Is separation of religion and politics a necessary precondition for democracy and the rule of law? These questions are addressed in this book through an analysis of the constitutional texts that are in force in different parts of the world. Constitutions are at the centre of almost all contemporary legal systems and provide the principles and values that inspire the action of the national law-makers. After a discussion of some topics that are central to the constitutional regulation of religion, the book considers a number of national systems covering countries with a variety of religious and cultural backgrounds. The final section of the book is devoted to the discussion of the constitutional regulation of some particularly controversial issues, such as religious education, the relation between freedom of speech and freedom of religion, abortion, and freedom of conscience.

Religious Freedom In The Liberal State

Author : Rex Ahdar
ISBN : 9780191648724
Genre : Law
File Size : 30. 20 MB
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Examining the law and public policy relating to religious liberty in Western liberal democracies, this book contains a detailed analysis of the history, rationale, scope, and limits of religious freedom from (but not restricted to) an evangelical Christian perspective. Focussing on United Kingdom, the United States, Canada, New Zealand, Australia, and EU, it studies the interaction between law and religion at several different levels, looking at the key debates that have arisen. Divided into three parts, the book begins by contrasting the liberal and Christian rationales for and understandings of religious freedom. It then explores central thematic issues: the types of constitutional frameworks within which any right to religious exercise must operate; the varieties of paradigmatic relationships between organized religion and the state; the meaning of 'religion'; the limitations upon individual and institutional religious behaviour; and the domestic and international legal mechanisms that have evolved to address religious conduct. The final part explores key subject areas where current religious freedom controversies have arisen: employment; education; parental rights and childrearing; controls on pro-religious and anti-religious expression; medical treatment; and religious group (church) autonomy. This new edition is fully updated with the growing case law in the area, and features increased coverage of Islam and the flashpoint debates surrounding the accommodation of Muslim beliefs and practices in Anglophone nations.

Religious Freedom

Author : J. Russell Chandran
ISBN : UOM:39015024454624
Genre : Church and state
File Size : 26. 42 MB
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Religious Freedom In Islam

Author : Daniel Philpott
ISBN : 9780190908195
Genre : Religion
File Size : 83. 94 MB
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Since at least the attacks of September 11, 2001, one of the most pressing political questions of the age has been whether Islam is hostile to religious freedom. Daniel Philpott examines conditions on the ground in forty-seven Muslim-majority countries today and offers an honest, clear-eyed answer to this urgent question. It is not, however, a simple answer. From a satellite view, the Muslim world looks unfree. But, Philpott shows, the truth is much more complex. Some one-fourth of Muslim-majority countries are in fact religiously free. Of the other countries, about forty percent are governed not by Islamists but by a hostile secularism imported from the West, while the other sixty percent are Islamist. The picture that emerges is both honest and hopeful. Yes, most Muslim-majority countries are lacking in religious freedom. But, Philpott argues, the Islamic tradition carries within it "seeds of freedom," and he offers guidance for how to cultivate those seeds in order to expand religious freedom in the Muslim world and the world at large. It is an urgent project. Religious freedom promotes goods like democracy and the advancement of women that are lacking in the Muslim-majority world and reduces ills like civil war, terrorism, and violence. Further, religious freedom is simply a matter of justice--not an exclusively Western value, but rather a universal right rooted in human nature. Its realization is critical to the aspirations of religious minorities and dissenters in Muslim countries, to Muslims living in non-Muslim countries or under secular dictatorships, and to relations between the West and the Muslim world. In this thoughtful book, Philpott seeks to establish a constructive middle ground in a fiery and long-lasting debate over Islam.

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