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Author: Md Jahid Hossain Bhuiyan Publisher: Bloomsbury Publishing ISBN: 1509926348 Category : Law Languages : en Pages : 390
Book Description
The relationship between law and religion is evident throughout history. They have never been completely independent from each other. There is no doubt that religion has played an important role in providing the underlying values of modern laws, in setting the terms of the relationship between the individual and the state, and in demanding a space for the variety of intermediate institutions which stand between individuals and the state. However, the relationships between law and religion, and the state and religious institutions differ significantly from one modern state to another. There is not one liberalism but many. This work brings together reflections upon the relationship between religion and the law from the perspectives of different sub-traditions within the broader liberal project and in light of some contemporary problems in the accommodation of religious and secular authority.
Author: Md Jahid Hossain Bhuiyan Publisher: Bloomsbury Publishing ISBN: 1509926348 Category : Law Languages : en Pages : 390
Book Description
The relationship between law and religion is evident throughout history. They have never been completely independent from each other. There is no doubt that religion has played an important role in providing the underlying values of modern laws, in setting the terms of the relationship between the individual and the state, and in demanding a space for the variety of intermediate institutions which stand between individuals and the state. However, the relationships between law and religion, and the state and religious institutions differ significantly from one modern state to another. There is not one liberalism but many. This work brings together reflections upon the relationship between religion and the law from the perspectives of different sub-traditions within the broader liberal project and in light of some contemporary problems in the accommodation of religious and secular authority.
Author: Rex Ahdar Publisher: Oxford University Press ISBN: 0199606471 Category : Law Languages : en Pages : 528
Book Description
Rex Ahdar and Ian Leigh present a critique of how religious freedom should be understood in liberal legal systems, based on historical and contemporary controversies.
Author: Steven V. Mazie Publisher: Lexington Books ISBN: 0739156640 Category : Political Science Languages : en Pages : 333
Book Description
In Israel's Higher Law, Steven V. Mazie sheds new light on the relationship between liberalism and religion through a detailed assessment of the Jewish state. Drawing on in-depth interviews with Israeli citizens, this compelling work scrutinizes the ways in which Israelis conceptualize and debate their polity's religion-state arrangement.
Author: Cécile Laborde Publisher: Harvard University Press ISBN: 0674976266 Category : Philosophy Languages : en Pages : 345
Book Description
Cécile Laborde argues that religion is more than a statement of belief or a moral code. It refers to comprehensive ways of life, theories of justice, modes of association, and vulnerable collective identities. By disaggregating these dimensions, she addresses questions about whether Western secularism and religion can be applied more universally.
Author: Leonard V. Kaplan Publisher: Rowman & Littlefield ISBN: 9780739126189 Category : Liberalism Languages : en Pages : 412
Book Description
Rising calls in both the United States and abroad for theologizing national agendas have renewed examinations about whether liberal states can accommodate such programs without either endangering citizens' rights or trivializing religious concerns. Conventional wisdom suggests that theology is necessarily unfriendly to the liberal state, but neither philosophical analysis nor empirical argument has convincingly established that conclusion. Examining the problem from a variety of perspectives including law, philosophy, history, political theory, and religious studies, the essays in Theology and the Soul of the Liberal State suggest the possibilities for and limits on what theological reflection might contribute to liberal polities across the globe. Theology and the Soul of the Liberal State develops these issues under five headings. Part One explores 'The Nature of Religious Argument' as it can inflect discussions of public policy, political theory, jurisprudence, and education. Part Two, 'Theologies of the Marketplace,' notes that theology can by turns be highly critical, neutral, or even inordinately supportive of market operations. Part Three, 'European Perspectives,' reviews and develops arguments from Abraham Kuyper, Karl Barth, and French post-modernists concerning how one might integrate theological discourse into the public sphere. Part Four offers Israel, Pakistan and Tibet as 'Asian Perspectives' on how theology may comport with liberalism in recently created states (or, in the last case, a diasporic government-in-exile) where powerful religious constituencies make 'secular' civil action extremely problematic. Finally, Part V, 'Religion and Terror,' probes the vexed relationship between conceptions of divine and human justice, where the imperatives of theology and state confront each other most nakedly. Collectively, Theology and the Soul of the Liberal State suggests that the liberal state cannot keep theology out of public discourse and may even benefit from its intervention, but that their intersection, if potentially beneficial, is always fraught.
Author: Tamir Moustafa Publisher: Cambridge University Press ISBN: 1108334075 Category : Law Languages : en Pages :
Book Description
Most Muslim-majority countries have legal systems that enshrine both Islam and liberal rights. While not necessarily at odds, these dual commitments nonetheless provide legal and symbolic resources for activists to advance contending visions for their states and societies. Using the case study of Malaysia, Constituting Religion examines how these legal arrangements enable litigation and feed the construction of a 'rights-versus-rites binary' in law, politics, and the popular imagination. By drawing on extensive primary source material and tracing controversial cases from the court of law to the court of public opinion, this study theorizes the 'judicialization of religion' and the radiating effects of courts on popular legal and religious consciousness. The book documents how legal institutions catalyze ideological struggles, which stand to redefine the nation and its politics. Probing the links between legal pluralism, social movements, secularism, and political Islamism, Constituting Religion sheds new light on the confluence of law, religion, politics, and society. This title is also available as Open Access.
Author: Gavin D'Costa Publisher: Cambridge University Press ISBN: 1107435749 Category : Social Science Languages : en Pages : 258
Book Description
As religion has become more visible in public life, with closer relations of co-operation with government as well as a force in some political campaigns, its place in public life has become more contested. Fudged compromises of the past are giving way to a desire for clear lines and moral principles. This book brings the disciplines of law, sociology, politics and theology into conversation with one anther to shed light on the questions thrown up by 'religion in a liberal state'. It discusses practical problems in a British context, such as the accommodation of religious dress, discrimination against sexual minorities and state support for historic religions; considers legal frameworks of equality and human rights; and elucidates leading ideas of neutrality, pluralism, secularism and public reason. Fundamentally, it asks what it means to be liberal in a world in which religious diversity is becoming more present and more problematic.
Author: Jasper Doomen Publisher: Rowman & Littlefield ISBN: 1793618399 Category : Religion Languages : en Pages : 207
Book Description
Religious Ideas in Liberal Democratic States adds new context to the ongoing debate over the scope of religious freedom, drawing from a variety of perspectives to discuss the meaning of religion itself within a democratic state. This book argues that categorizing religion as a solely private affair is too narrow an interpretation and questions whether ideas like freedom, human dignity, and equality can be truly actualized in a neutral and secular state. Contributors explore the impact of religion, acknowledged or not, on legislation, human rights, and group rights through legal, historical, and sociological lenses. Scholars of constitutional law, jurisprudence, international law, and political science will find this book particularly useful.
Author: Philip HAMBURGER Publisher: Harvard University Press ISBN: 0674038185 Category : Law Languages : en Pages : 529
Book Description
In a powerful challenge to conventional wisdom, Philip Hamburger argues that the separation of church and state has no historical foundation in the First Amendment. The detailed evidence assembled here shows that eighteenth-century Americans almost never invoked this principle. Although Thomas Jefferson and others retrospectively claimed that the First Amendment separated church and state, separation became part of American constitutional law only much later. Hamburger shows that separation became a constitutional freedom largely through fear and prejudice. Jefferson supported separation out of hostility to the Federalist clergy of New England. Nativist Protestants (ranging from nineteenth-century Know Nothings to twentieth-century members of the K.K.K.) adopted the principle of separation to restrict the role of Catholics in public life. Gradually, these Protestants were joined by theologically liberal, anti-Christian secularists, who hoped that separation would limit Christianity and all other distinct religions. Eventually, a wide range of men and women called for separation. Almost all of these Americans feared ecclesiastical authority, particularly that of the Catholic Church, and, in response to their fears, they increasingly perceived religious liberty to require a separation of church from state. American religious liberty was thus redefined and even transformed. In the process, the First Amendment was often used as an instrument of intolerance and discrimination.
Author: Md Jahid Hossain Bhuiyan
Author: Md Jahid Hossain Bhuiyan
Author: Gavin D'Costa
Author: Rex Ahdar
Author: Steven V. Mazie
Author: Cécile Laborde
Author: Leonard V. Kaplan
Author: Tamir Moustafa
Author: Gavin D'Costa
Author: Jasper Doomen
Author: Philip HAMBURGER