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Author: Isaac Weiner Publisher: NYU Press ISBN: 1479891398 Category : Religion Languages : en Pages : 318
Book Description
Offers insight into the complex relationship between religion and law in contemporary America Why religion? Why law? Why now? In recent years, the United States has witnessed a number of high-profile court cases involving religion, forcing Americans to grapple with questions regarding the relationship between religion and law. This volume maps the contemporary interplay of religion and law within the study of American religions. What rights are protected by the Constitution’s free exercise clause? What are the boundaries of religion, and what is the constitutional basis for protecting some religious beliefs but not others? What characterizes a religious-studies approach to religion and law today? What is gained by approaching law from the vantage point of religious studies, and what does attention to the law offer back to scholars of religion? Religion, Law, USA considers all these questions and more. Each chapter considers a specific keyword in the study of religion and law, such as “conscience,” “establishment,” “secularity,” and “personhood.” Contributors consider specific case studies related to each term, and then expand their analyses to discuss broader implications for the practice and study of American religion. Incorporating pieces from leading voices in the field, this book is an indispensable addition to the scholarship on religion and law in America.
Author: Isaac Weiner Publisher: NYU Press ISBN: 1479891398 Category : Religion Languages : en Pages : 318
Book Description
Offers insight into the complex relationship between religion and law in contemporary America Why religion? Why law? Why now? In recent years, the United States has witnessed a number of high-profile court cases involving religion, forcing Americans to grapple with questions regarding the relationship between religion and law. This volume maps the contemporary interplay of religion and law within the study of American religions. What rights are protected by the Constitution’s free exercise clause? What are the boundaries of religion, and what is the constitutional basis for protecting some religious beliefs but not others? What characterizes a religious-studies approach to religion and law today? What is gained by approaching law from the vantage point of religious studies, and what does attention to the law offer back to scholars of religion? Religion, Law, USA considers all these questions and more. Each chapter considers a specific keyword in the study of religion and law, such as “conscience,” “establishment,” “secularity,” and “personhood.” Contributors consider specific case studies related to each term, and then expand their analyses to discuss broader implications for the practice and study of American religion. Incorporating pieces from leading voices in the field, this book is an indispensable addition to the scholarship on religion and law in America.
Author: Benjamin L. Berger Publisher: University of Toronto Press ISBN: 1442696397 Category : Law Languages : en Pages : 240
Book Description
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.
Author: Scott A. Merriman Publisher: Bloomsbury Publishing USA ISBN: 185109864X Category : Religion Languages : en Pages : 679
Book Description
This work is a comprehensive survey of one of the oldest—and hottest—debates in American history: the role of religion in the public discourse. The relationship between church and state was contentious long before the framers of the Constitution undertook the bold experiment of separating the two, sparking a debate that would rage for centuries: What is the role of religion in government—and vice versa? Religion and the Law in America explores the many facets of this question, from prayer in public schools to the addition of the phrase "under God" to the Pledge of Allegiance, from government investigation of religious fringe groups to federal grants for faith-based providers of social services. In more than 250 A–Z entries, along with a series of broad, thematic essays, it examines the groups, laws, and court cases that have framed this ongoing debate. Through its careful, balanced exploration of the interaction between government and religion throughout the history of the United States, the work provides all Americans—students, scholars, and lay readers alike—with a deep understanding of one of the central, enduring issues in our history.
Author: Paul Finkelman Publisher: Routledge ISBN: 1136919635 Category : Law Languages : en Pages : 12
Book Description
The First Encyclopedia available On The Subject Of Religion And American Law The interplay of religion and law has long been a major political and social issue in the United States. From the Salem Witch Trials to the current debate over school vouchers, court rulings have had a profound effect on people's lives. Now, a new encyclopedia provides detailed entries on all of the major Supreme Court decisions dealing with church and state, topical and theoretical essays relating to the issue, and cogent biographies of those Justices whose decisions have achieved landmark status in the debate. Comprehensive In Coverage And Scope Encompassing cases from the colonial period to the Supreme Court's important decisions in 1997, this pioneering volume is written in a clear, concise style that will be useful to professionals and specialists and accessible by students. With contributions by leading scholars in the field, this encyclopedia will benefit all reference libraries, students of law and religion, and anyone working in the field of church and state.
Author: Isaac Weiner Publisher: NYU Press ISBN: 1479812889 Category : Religion Languages : en Pages :
Book Description
Offers insight into the complex relationship between religion and law in contemporary America Why religion? Why law? Why now? In recent years, the United States has witnessed a number of high-profile court cases involving religion, forcing Americans to grapple with questions regarding the relationship between religion and law. This volume maps the contemporary interplay of religion and law within the study of American religions. What rights are protected by the Constitution’s free exercise clause? What are the boundaries of religion, and what is the constitutional basis for protecting some religious beliefs but not others? What characterizes a religious-studies approach to religion and law today? What is gained by approaching law from the vantage point of religious studies, and what does attention to the law offer back to scholars of religion? Religion, Law, USA considers all these questions and more. Each chapter considers a specific keyword in the study of religion and law, such as “conscience,” “establishment,” “secularity,” and “personhood.” Contributors consider specific case studies related to each term, and then expand their analyses to discuss broader implications for the practice and study of American religion. Incorporating pieces from leading voices in the field, this book is an indispensable addition to the scholarship on religion and law in America.
Author: Marci A. Hamilton Publisher: Cambridge University Press ISBN: 1139445030 Category : Law Languages : en Pages : 430
Book Description
God vs. the Gavel challenges the pervasive assumption that all religious conduct deserves constitutional protection. While religious conduct provides many benefits to society, it is not always benign. The thesis of the book is that anyone who harms another person should be governed by the laws that govern everyone else - and truth be told, religion is capable of great harm. This may not sound like a radical proposition, but it has been under assault since the 1960s. The majority of academics and many religious organizations would construct a fortress around religious conduct that would make it extremely difficult to prosecute child abuse by clergy, medical neglect of children by faith-healers, and other socially unacceptable behaviors. This book intends to change the course of the public debate over religion by bringing to the public's attention the tactics of religious entities to avoid the law and therefore harm others.
Author: Daniel P. Dalton Publisher: ISBN: 9781641059640 Category : Business & Economics Languages : en Pages : 244
Book Description
Nationally recognized litigator, Daniel P. Dalton, shares expert insights on litigating three types of religious property disputes. This information will be valuable for religious organizations and their counsel.
Author: Jeroen Temperman Publisher: BRILL ISBN: 9004181482 Category : Law Languages : en Pages : 441
Book Description
This book presents a human rights-based assessment of the various modes of state religion identification and of the various forms of state practice that characterize these different state religion models. This book makes a case for the recognition of a state duty to remain impartial with respect to religion or belief in all regards so as to comply with people s fundamental right to be governed, at all times, in a religiously neutral manner. As this book demonstrates through the various case studies there is increasing interest and concern at the manner in which questions concerning the enjoyment of the right to the freedom of religion or belief bear upon key questions concerning the governance of democratic society. Issues raised involve matters concerning employment, education, expression, association and, more generally, the interface between religion and political life. The existing literature often traces these concerns back to the need to consider the place of religion in contemporary society but leaves matters there. Another body of academic literature explores the theoretical dimensions of that relationship but fails to connect it to the practice of states in order to test out the propositions which are the product of these reflections. The great virtue of this work is that is seeks to unite these various enterprises and engages head on with the challenges which this produces The aim is to demonstrate and illustrate the key contention: that there is an emergent right to religiously neutral governance, and that this is incompatible with the continuation of systems which offer preference to particular forms of belief system religious or otherwise. A chief virtue of this book is that it works through the consequences of this claim in a fearless fashion, posing challenges for those states which continue to use their legal frameworks to offer support (directly or indirectly) for historical, dominant or favoured forms of religion or belief. It challenges received assumptions and, by driving the logic of contemporary human rights thinking to the foundations of state-religion relationships performs a valuable service for those engaging with this most difficult and timely of questions. Malcolm D. Evans, Professor of Public International Law, University of Bristol
Author: Russell Sandberg Publisher: Cambridge University Press ISBN: 1139501186 Category : Law Languages : en Pages : 235
Book Description
The worlds of law and religion increasingly collide in Parliament and the courtroom. Religious courts, the wearing of religious symbols and faith schools have given rise to increased legislation and litigation. This is the first student textbook to set out the fundamental principles and issues of law and religion in England and Wales. Offering a succinct exposition and critical analysis of the field, it explores how English law regulates the practice of religion. The textbook surveys law and religion from various perspectives, such as human rights and discrimination law, as well as considering the legal status of both religion and religious groups. Controversial and provocative questions are explored, promoting full engagement with the key debates. The book's explanatory approach and detailed references ensure understanding and encourage independent study. Students can track key developments on the book's updating website. This innovative text is essential reading for all students in the field.
Author: Isaac Weiner
Author: Isaac Weiner
Author: Benjamin L. Berger![Religion and the Law in America [2 volumes] PDF](https://books.google.com/books/content/images/frontcover/AEXPEAAAQBAJ?fife=w80-h100)
Author: Scott A. Merriman
Author: Paul Finkelman
Author: Andrew M. Riggsby
Author: Isaac Weiner
Author: Marci A. Hamilton
Author: Daniel P. Dalton
Author: Jeroen Temperman
Author: Russell Sandberg