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Author: Peter William Edge Publisher: BRILL ISBN: 900448082X Category : Law Languages : en Pages : 530
Book Description
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.
Author: Peter William Edge Publisher: BRILL ISBN: 900448082X Category : Law Languages : en Pages : 530
Book Description
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.
Author: Andrew Koppelman Publisher: Harvard University Press ISBN: 0674067568 Category : Law Languages : en Pages : 252
Book Description
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.
Author: Austin Sarat Publisher: Cambridge University Press ISBN: 1139576976 Category : Law Languages : en Pages :
Book Description
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?
Author: Marie-Claire Foblets Publisher: Routledge ISBN: 1317186370 Category : Law Languages : en Pages : 382
Book Description
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.
Author: Lori G. Beaman Publisher: Routledge ISBN: 1000050556 Category : Education Languages : en Pages : 229
Book Description
This book explores the recent trend toward the transformation of religious symbols and practices into culture in Western democracies. Analyses of three legal cases involving religion in the public sphere are used to illuminate this trend: a municipal council chamber; a town hall; and town board meetings. Each case involves a different national context—Canada, France and the United States—and each illustrates something interesting about the shape-shifting nature of religion, specifically its flexibility and dexterity in the face of the secular, the religious and the plural. Despite the differences in national contexts, in each instance religion is transformed into culture or heritage by the courts to justify or excuse its presence and to distance the state from the possibility that it is violating legal norms of distance from religion. The cultural practice or symbol is represented as a shared national value or activity. Transforming the ‘Other’ into ‘Us’ through reconstitution is also possible. Finally, anxiety about the ‘Other’ becomes part of the story of rendering religion as culture, resulting in the impugning of anyone who dares to question the putative shared culture. The book will be essential reading for students, academics and policy-makers working in the areas of sociology of religion, religious studies, socio-legal studies, law and public policy, constitutional law, religion and politics, and cultural studies.
Author: Robert Wuthnow Publisher: Princeton University Press ISBN: 1400837243 Category : Social Science Languages : en Pages : 412
Book Description
Muslims, Hindus, Buddhists, and adherents of other non-Western religions have become a significant presence in the United States in recent years. Yet many Americans continue to regard the United States as a Christian society. How are we adapting to the new diversity? Do we casually announce that we "respect" the faiths of non-Christians without understanding much about those faiths? Are we willing to do the hard work required to achieve genuine religious pluralism? Award-winning author Robert Wuthnow tackles these and other difficult questions surrounding religious diversity and does so with his characteristic rigor and style. America and the Challenges of Religious Diversity looks not only at how we have adapted to diversity in the past, but at the ways rank-and-file Americans, clergy, and other community leaders are responding today. Drawing from a new national survey and hundreds of in-depth qualitative interviews, this book is the first systematic effort to assess how well the nation is meeting the current challenges of religious and cultural diversity. The results, Wuthnow argues, are both encouraging and sobering--encouraging because most Americans do recognize the right of diverse groups to worship freely, but sobering because few Americans have bothered to learn much about religions other than their own or to engage in constructive interreligious dialogue. Wuthnow contends that responses to religious diversity are fundamentally deeper than polite discussions about civil liberties and tolerance would suggest. Rather, he writes, religious diversity strikes us at the very core of our personal and national theologies. Only by understanding this important dimension of our culture will we be able to move toward a more reflective approach to religious pluralism.
Author: Richard J. Moon Publisher: UBC Press ISBN: 0774858532 Category : Religion Languages : en Pages : 327
Book Description
Law and Religious Pluralism in Canada seeks to elucidate the complex and often uneasy relationship between law and religion in democracies committed both to equal citizenship and religious pluralism. Leading socio-legal scholars consider the role of religious values in public decision making, government support for religious practices, and the restriction and accommodation by government of minority religious practices. They examine such current issues as the legal recognition of sharia arbitration, the re-definition of civil marriage, and the accommodation of religious practice in the public sphere.
Author: Sylvie Bacquet Publisher: Routledge ISBN: 1317357310 Category : Law Languages : en Pages : 215
Book Description
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.
Author: Peter William Edge
Author: Peter William Edge
Author: Andrew Koppelman
Author: Austin Sarat
Author: Marie-Claire Foblets
Author: Lori G. Beaman
Author: United States. Equal Employment Opportunity Commission
Author: Robert Wuthnow
Author: Austin Sarat
Author: Richard J. Moon
Author: Sylvie Bacquet