Why Religious Freedom Matters For Democracy
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Why Religious Freedom Matters For Democracy
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Author : Myriam Hunter-Henin
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-06-11
Why Religious Freedom Matters For Democracy written by Myriam Hunter-Henin and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-11 with Law categories.
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
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Author : Myriam Hunter-Hénin
language : en
Publisher:
Release Date : 2020
Why Religious Freedom Matters For Democracy written by Myriam Hunter-Hénin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Electronic books categories.
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.
Equality Freedom And Religion
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Author : Roger Trigg
language : en
Publisher: Oxford University Press
Release Date : 2012-01-05
Equality Freedom And Religion written by Roger Trigg and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-05 with Religion categories.
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
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Author : James Massey
language : en
Publisher:
Release Date : 2003
Minorities And Religious Freedom In A Democracy written by James Massey and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Democracy categories.
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.
The Tragedy Of Religious Freedom
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Author : Marc O. DeGirolami
language : en
Publisher: Harvard University Press
Release Date : 2013-06-10
The Tragedy Of Religious Freedom written by Marc O. DeGirolami 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 2013-06-10 with Law categories.
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
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Author : Jean L. Cohen
language : en
Publisher: Columbia University Press
Release Date : 2015-12-22
Religion Secularism And Constitutional Democracy written by Jean L. Cohen and has been published by Columbia University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-22 with Religion categories.
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 Future Of Religious Freedom
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Author : Allen D. Hertzke
language : en
Publisher: Oxford University Press
Release Date : 2012-12-03
The Future Of Religious Freedom written by Allen D. Hertzke and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-03 with Religion categories.
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.
Constitutionalism Democracy And Religious Freedom
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Author : Hans-Martien ten Napel
language : en
Publisher: Taylor & Francis
Release Date : 2017-05-18
Constitutionalism Democracy And Religious Freedom written by Hans-Martien ten Napel and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-18 with Law categories.
In both Europe and North America it can be argued that the associational and institutional dimensions of the right to freedom of religion or belief are increasingly coming under pressure. This book demonstrates why a more classical understanding of the idea of a liberal democracy can allow for greater respect for the right to freedom of religion or belief. The book examines the major direction in which liberal democracy has developed over the last fifty years and contends that this is not the most legitimate type of liberal democracy for religiously divided societies. Drawing on theoretical developments in the field of transnational constitutionalism, Hans-Martien ten Napel argues that redirecting the concept and practice of liberal democracy toward the more classical notion of limited, constitutional government, with a considerable degree of autonomy for civil society organizations would allow greater religious pluralism. The book shows how, in a postsecular and multicultural context, modern sources of constitutionalism and democracy, supplemented by premodern, transcendental legitimation, continue to provide the best means of legitimating Western constitutional and political orders.
Religious Freedom In The Liberal State
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Author : Rex J. Ahdar
language : en
Publisher: Oxford University Press, USA
Release Date : 2005
Religious Freedom In The Liberal State written by Rex J. Ahdar and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
There is a growing recognition of the challenge that religions pose for pluralist, multicultural democracies. 'Fundamentalist' beliefs and practices test the limits of religious freedom, and seem to contradict the very basis on which liberal states protect religious liberty. Religions,moreover, are often associated with intolerance and persecution, yet insist upon religious liberty for themselves. This book inverts these stereotypes by presenting a sustained critique of how religious liberty ought to be understood in liberal legal systems and develops an alternative, Christianresponse.In Part One the prevailing liberal approach to religious freedom is compared with historic and contemporary understandings developed by Christian theorists, and an alternative principled basis for religious liberty, from a distinctively Christian position, is developed. Part Two analyses thevariety of stances the liberal state may take towards organised religions, and explains the nature of the guarantees for religious freedom in domestic and international law. The difficult question of precisely when and how far religious liberty should be limited is carefully analysed. Part Threedeals with concrete contemporary controversies involving the recognition and protection of religious beliefs and conduct, looking at issues such as family and parenting, medical treatment, education, employment, religious group autonomy, and freedom of expression and protest. Extensive reference is made throughout the analysis to UK law and the European Convention on Human Rights, also the laws of other jurisdictions such as the US, Canada, South Africa, Australia and New Zealand, making this a wide-ranging, timely, and thoughtful examination of a perplexing contemporarycontroversy.
The Changing Terrain Of Religious Freedom
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Author : Heather J. Sharkey
language : en
Publisher: University of Pennsylvania Press
Release Date : 2021-09-24
The Changing Terrain Of Religious Freedom written by Heather J. Sharkey and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-24 with Law categories.
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.