Legal Responses To Religious Differences
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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
A Test Of Faith
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Author : Marie-Claire Foblets
language : en
Publisher: Routledge
Release Date : 2016-03-16
A Test Of Faith written by Marie-Claire Foblets and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-16 with Law categories.
Issues of religious diversity in the workplace have become very topical and have been raised before domestic courts and the European Court of Human Rights. Examining the controversial and constantly evolving position of religion in the workplace, this collection brings together chapters by legal and social science scholars and provides a wealth of information on legal responses across Europe, Turkey and the United States to conflicts between professional and religious obligations involving employees and employers. The contributors examine how case law from the European Court of Human Rights, domestic experiences and comparative analyses can indicate trends and reveal established and innovative approaches. This multi-perspective volume will be relevant for legal practitioners, researchers, academics and policy-makers interested in human rights law, discrimination law, labour law and the intersection of law and religion.
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.
Defending American Religious Neutrality
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Author : Andrew Koppelman
language : en
Publisher: Harvard University Press
Release Date : 2013-01-01
Defending American Religious Neutrality written by Andrew Koppelman and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-01 with Law categories.
While First Amendment doctrine treats religion as a human good, the state must not take sides on theological questions. Koppelman explains the logic of this uniquely American form of neutrality: why it is fair to give religion special treatment, why old (but not new) religious ceremonies are permitted, and why laws must have a secular purpose.
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?
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.
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.
This book questions what practices constitute a "religious activity" such that it cannot be supported or funded by government. It examines the history of accommodating laws when there is tension between respecting religious freedom and maintaining First Amendment requirements that government be neutral.
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.