Legal Responses To Religious Difference
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Legal Responses To Religious Differences
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Author : Peter William Edge
language : en
Publisher: BRILL
Release Date : 2021-10-25
Legal Responses To Religious Differences written by Peter William Edge and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-25 with Law categories.
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.
Law And Religion
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Author : W. Cole Durham Jr.
language : en
Publisher: Aspen Publishing
Release Date : 2019-02-01
Law And Religion written by W. Cole Durham Jr. and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-01 with Law categories.
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
Legal Responses To Religious Practices In The United States
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Author : Austin Sarat
language : en
Publisher: Cambridge University Press
Release Date : 2012-09-10
Legal Responses To Religious Practices In The United States written by Austin Sarat and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-10 with Law categories.
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?
Religion And International Law
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Author : Robert Uerpmann-Wittzack
language : en
Publisher: BRILL
Release Date : 2018-08-23
Religion And International Law written by Robert Uerpmann-Wittzack and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-23 with Law categories.
Living together explores international law responses to the challenges of growing religious antagonisms. Building on historic concepts, it looks at the role of religious institutions and religious law before examining the contribution of human rights bodies and particular human rights.
Religious Symbols And The Intervention Of The Law
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Author : Sylvie Bacquet
language : en
Publisher: Routledge
Release Date : 2019-06-11
Religious Symbols And The Intervention Of The Law written by Sylvie Bacquet and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-11 with Law categories.
In contemporary pluralist states, where faith communities live together, different religious symbols and practices have to coexist. This may lead to conflicts between certain minority practices and the dominant majority, particularly around the manifestation of belief in the public domain which may be seen both by the religious and secular majorities as a threat to their cultural heritage or against the secular values of the host country. The law has to mitigate those tensions in order to protect the public from harm and preserve order but in doing so, it may where necessary have to limit citizens’ ability to freely manifest their religion. It is those limitations that have been disputed in the courts on grounds of freedom of religion and belief. Religious symbols are often at the heart of legal battles, with courts called upon to consider the lawfulness of banning or restricting certain symbols or practices. This book analyses the relationship between the state, individuals and religious symbols, considering the three main forms of religious expression, symbols that believers wear on their body, symbols in the public space such as religious edifices and rituals that believers perform as a manifestation of their faith. The book looks comparatively at legal responses in England, the U.S.A and France comparing different approaches to the issues of symbols in the public sphere and their interaction with the law. The book considers religious manifestation as a social phenomenon taking a multidisciplinary approach to the question mixing elements of the anthropology, history and sociology of religion in order to provide some context and examine how this could help inform the law.
Reactions To The Law By Minority Religions
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Author : Eileen Barker
language : en
Publisher: Routledge
Release Date : 2020-12-30
Reactions To The Law By Minority Religions written by Eileen Barker and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-30 with Religion categories.
Much has been written about the law as it affects new and minority religions, but relatively little has been written about how such religions react to the law. This book presents a wide variety of responses by minority religions to the legal environments within which they find themselves. An international panel of experts offer examples from North America, Europe and Asia demonstrating how religions with relatively little status may resort to violence or passive acceptance of the law; how they may change their beliefs or practices in order to be in compliance with the law; or how they may resort to the law itself in order to change their legal standing, sometimes by forging alliances with those with more power or authority to achieve their goals. The volume concludes by applying theoretical insights from sociological studies of law, religion and social movements to the variety of responses. The first systematic collection focussing on how minority religions respond to efforts at social control by various governmental agents, this book provides a vital reference for scholars of religion and the law, new religious movements, minority religions and the sociology of religion.
Legal Responses To Religious Practices In The United States
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Author : Austin Sarat
language : en
Publisher:
Release Date : 2012
Legal Responses To Religious Practices In The United States written by Austin Sarat and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Freedom of religion categories.
This book questions what practices constitute a 'religious activity' such that it cannot be supported or funded by government.
Religion In Legal Thought And Practice
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Author : Howard Lesnick
language : en
Publisher: Cambridge University Press
Release Date : 2010-03-29
Religion In Legal Thought And Practice written by Howard Lesnick and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-03-29 with Law categories.
This book examines moral issues in public and private life from a religious but not devotional perspective. Rather than seeking to prove that one belief system or moral stance is right, it undertakes to help readers more fully understand the effect of religious beliefs and practices on ways of conceiving and addressing moral questions, without having to accept or to reject any specific religious outlook. It shows how the similarities between religions and the differences within any one religion are more important than the reverse. The book asks • Where do moral imperatives come from, and how do the answers found in religion and law interact? • How does the fact that a moral norm is grounded in religion affect our thinking about it? • What is the significance of the differences (and similarities) between religious and secular sources of moral norms?
Law S Religion
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Author : Benjamin L. Berger
language : en
Publisher: University of Toronto Press
Release Date : 2016-01-28
Law S Religion written by Benjamin L. Berger and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-28 with Law categories.
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.
Religious Expression In The Workplace And The Contested Role Of Law
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Author : Andrew Hambler
language : en
Publisher:
Release Date : 2015
Religious Expression In The Workplace And The Contested Role Of Law written by Andrew Hambler and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with LAW categories.
The role of religion in various domains of the public sphere provokes much debate. One of the key areas where this debate is unfolding is in the secular workplace, where some employees strongly desire to express their religious beliefs in ways which may bring them into conflict with their employers. For example, a Sikh woman may wish to wear a kara bracelet contrary to an employer's uniform policy; or a Muslim may wish to take time out of required working hours for Friday prayers. Equally, some employees may feel compelled to object to particular aspects of their job role from which a crisis of conscience arises. For instance, a Christian registrar might object to registering a same-sex marriage or civil partnership; or a Muslim retail worker might object to handling alcohol. This addresses these conflicts and the role of law in resolving them. It considers what is meant by religious expression by individual employees, and the motives underlying it, and sets out the different ways it might have an impact on the workplace, in both uncontroversial and potentially controversial ways. The book identifies different principled responses to workplace religious expression within a liberal state. It then goes on to analyse to what extent the law in England and Wales reflects these differing responses, both at a legislative and policy level, and at a court and tribunal level. The book determines the extent to which freedom of religious expression for the individual enjoys legal protection in the workplace in England and Wales, and whether or not there is a case for changing the law to strengthen that protection.