Beyond Religious Freedom
Beyond Religious Freedom

Author: Elizabeth Shakman Hurd

Publisher: Princeton University Press

Published: 2017-02-14

Total Pages: 216

ISBN-13: 0691176221

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In recent years, North American and European nations have sought to legally remake religion in other countries through an unprecedented array of international initiatives. Policymakers have rallied around the notion that the fostering of religious freedom, interfaith dialogue, religious tolerance, and protections for religious minorities are the keys to combating persecution and discrimination. Beyond Religious Freedom persuasively argues that these initiatives create the very social tensions and divisions they are meant to overcome. Elizabeth Shakman Hurd looks at three critical channels of state-sponsored intervention: international religious freedom advocacy, development assistance and nation building, and international law. She shows how these initiatives make religious difference a matter of law, resulting in a divide that favors forms of religion authorized by those in power and excludes other ways of being and belonging. In exploring the dizzying power dynamics and blurred boundaries that characterize relations between "expert religion," "governed religion," and "lived religion," Hurd charts new territory in the study of religion in global politics. A forceful and timely critique of the politics of promoting religious freedom, Beyond Religious Freedom provides new insights into today's most pressing dilemmas of power, difference, and governance.

Defend the Sacred
Defend the Sacred

Author: Michael D. McNally

Publisher: Princeton University Press

Published: 2020-04-14

Total Pages: 400

ISBN-13: 0691190909

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"In 2016, thousands of people travelled to North Dakota to camp out near the Standing Rock Sioux Reservation to protest the construction of an oil pipeline that is projected to cross underneath the Missouri River a half mile upstream from the Reservation. The Standing Rock Sioux consider the pipeline a threat to the region's clean water and to the Sioux's sacred sites (such as its ancient burial grounds). The encamped protests garnered front-page headlines and international attention, and the resolve of the protesters was made clear in a red banner that flew above the camp: "Defend the Sacred". What does it mean when Native communities and their allies make such claims? What is the history of such claim-making, and why has this rhetorical and legal strategy - based on appeals to religious freedom - failed to gain much traction in American courts? As Michael McNally recounts in this book, Native Americans have repeatedly been inspired to assert claims to sacred places, practices, objects, knowledge, and ancestral remains by appealing to the discourse of religious freedom. But such claims based on alleged violations of the First Amendment "free exercise of religion" clause of the US Constitution have met with little success in US courts, largely because Native American communal traditions have been difficult to capture by the modern Western category of "religion." In light of this poor track record Native communities have gone beyond religious freedom-based legal strategies in articulating their sacred claims: in (e.g.) the technocratic language of "cultural resource" under American environmental and historic preservation law; in terms of the limited sovereignty accorded to Native tribes under federal Indian law; and (increasingly) in the political language of "indigenous rights" according to international human rights law (especially in light of the 2007 U.N. Declaration of the Rights of Indigenous Peoples). And yet the language of religious freedom, which resonates powerfully in the US, continues to be deployed, propelling some remarkably useful legislative and administrative accommodations such as the 1990 Native American Graves Protection and Reparation Act. As McNally's book shows, native communities draw on the continued rhetorical power of religious freedom language to attain legislative and regulatory victories beyond the First Amendment"--

Politics of Religious Freedom
Politics of Religious Freedom

Author: Winnifred Fallers Sullivan

Publisher: University of Chicago Press

Published: 2015-07-22

Total Pages: 361

ISBN-13: 022624850X

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Religious freedom has achieved broad consensus as a condition for peace. Faced with reports of a rise in religious violence and a host of other social ills, public, and private actors have responded with laws and policies designed to promote freedom of religion. But what precisely is being promoted? What are the assumptions underlying this response? The contributions to this volume unsettle the assumption that religious freedom is a singular achievement and that the problem lies in its incomplete accomplishment. Delineating the different conceptions of religious freedom predominant in the world today, as well as their histories and political contexts, the contributions make clear that the reasons for violence and discrimination are more complex than is widely acknowledged. The promotion of a single legal and cultural tool meant to address conflict across a wide variety of cultures can have the perverse effect of exacerbating the problems that plague the communities often cited as falling short. -- from back cover.

Beyond Belief, Beyond Conscience
Beyond Belief, Beyond Conscience

Author: Jack N. Rakove

Publisher: Oxford University Press, USA

Published: 2020

Total Pages: 241

ISBN-13: 0195305817

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"Some time back in the early '00s, when-thanks to Dean John Sexton, my good friends Larry Kramer and John Ferejohn, and other colleagues-I used to hang out at New York University Law School, I had lunch one day with Dedi Felman, who was then a legal editor at Oxford University Press. We discussed her idea of doing a series of short provocative books on problems of rights in American constitutional history. When Geoffrey Stone of the University of Chicago (my literal birthplace) took over editing The Unalienable Rights series that Dedi organized, I quickly staked a claim to the Free Exercise Clause of the First Amendment. This interest reflected a longstanding concern with James Madison, dating to my dissertation work in the early 1970s, and other projects I had pursued since, including the problem of how one discusses the original meaning of the Constitution. The idea of religious freedom was a seminal element in the development of Madison's constitutional ideas. Equally important, the two components of the Religion Clause illustrated two landmark aspects of American constitutional practice. The free exercise of religion is a right different from all other rights because of the degree of moral autonomy it invests in each and every one of us. And the disestablishment of religion, by depriving the state of the power of regulating religion, offers the best example of the basic idea that the legislative authority government exercises depends on the will of a sovereign people. These are points we do not readily grasp. In part because contemporary Religion Clause jurisprudence is such a messy and vexed subject, and in part because justices and judges often prefer resolving claims of conscience on general grounds of freedom of speech, this original significance of "the religion question" often escapes attention. The subtitle of this book rests on my conviction that a historically grounded approach to this subject would be of some value to legal scholars. Among other things, that approach involves asking how we should compare the gradual development of European modes of religious tolerance with the emerging American conviction that the free exercise of religion was no longer a matter of mere toleration."--

Endowed by Our Creator
Endowed by Our Creator

Author: Michael I. Meyerson

Publisher: Yale University Press

Published: 2012-06-05

Total Pages: 477

ISBN-13: 0300183496

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The debate over the framers' concept of freedom of religion has become heated and divisive. This scrupulously researched book sets aside the half-truths, omissions, and partisan arguments, and instead focuses on the actual writings and actions of Washington, Adams, Jefferson, Madison, and others. Legal scholar Michael I. Meyerson investigates how the framers of the Constitution envisioned religious freedom and how they intended it to operate in the new republic. Endowed by Our Creator shows that the framers understood that the American government should not acknowledge religion in a way that favors any particular creed or denomination. Nevertheless, the framers believed that religion could instill virtue and help to unify a diverse nation. They created a spiritual public vocabulary, one that could communicate to all—including agnostics and atheists—that they were valued members of the political community. Through their writings and their decisions, the framers affirmed that respect for religious differences is a fundamental American value, Meyerson concludes. Now it is for us to determine whether religion will be used to alienate and divide or to inspire and unify our religiously diverse nation.

Beyond Toleration
Beyond Toleration

Author: Chris Beneke

Publisher: Oxford University Press

Published: 2008-08-29

Total Pages: 318

ISBN-13: 0199700001

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At its founding, the United States was one of the most religiously diverse places in the world. Baptists, Methodists, Catholics, Episcopalians, Presbyterians, Congregationalists, Quakers, Dutch Reformed, German Reformed, Lutherans, Huguenots, Dunkers, Jews, Moravians, and Mennonites populated the nations towns and villages. Dozens of new denominations would emerge over the succeeding years. What allowed people of so many different faiths to forge a nation together? In this richly told story of ideas, Chris Beneke demonstrates how the United States managed to overcome the religious violence and bigotry that characterized much of early modern Europe and America. The key, Beneke argues, did not lie solely in the protection of religious freedom. Instead, he reveals how American culture was transformed to accommodate the religious differences within it. The expansion of individual rights, the mixing of believers and churches in the same institutions, and the introduction of more civility into public life all played an instrumental role in creating the religious pluralism for which the United States has become renowned. These changes also established important precedents for future civil rights movements in which dignity, as much as equality, would be at stake. Beyond Toleration is the first book to offer a systematic explanation of how early Americans learned to live with differences in matters of the highest importance to them --and how they found a way to articulate these differences civilly. Today when religious conflicts once again pose a grave danger to democratic experiments across the globe, Beneke's book serves as a timely reminder of how one country moved past toleration and towards religious pluralism.

Routledge Handbook of Freedom of Religion or Belief
Routledge Handbook of Freedom of Religion or Belief

Author: Silvio Ferrari

Publisher: Routledge

Published: 2020-11-29

Total Pages: 467

ISBN-13: 1351401955

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Freedom of religion is an issue of universal interest and scope. However, in the last two centuries at least, the philosophical, religious and legal terms of the question have been largely defined in the West. In an increasingly global world, widening our knowledge of this right’s roots in different cultural and legal systems becomes a priority. This Handbook seeks to attain this goal through a better understanding of the historical roots and expressions of the right to freedom of religion on the one hand and, on the other, of its theological background in different religious traditions. History and theology provide the setting for the analysis of the politics of freedom of religion, that is, how this right is used in the context of the dialogue/confrontation between countries placed in different cultural regions of the world, and of the legal strategies and tools that have been developed and are employed to protect and foster the right to freedom of religion. Behind these legal and political strategies, there is an ongoing debate about the nature of this right, whose main features are explored in the final section. Global, historical and interdisciplinary in approach, this book studies the new relevance of freedom of religion worldwide and develops suitable categories to analyze and understand the role that freedom of religion can play in managing religious and cultural diversity in our societies. Authored by experts, through the contributions collected in these chapters, scholars and students will be able to broaden and deepen their knowledge of the right to freedom of religion and to develop the ability to go beyond the borders of the different cultural environments in which this right took shape and developed.

On Religious Liberty
On Religious Liberty

Author: Roger DAVIS

Publisher: Harvard University Press

Published: 2009-06-30

Total Pages: 303

ISBN-13: 0674030249

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Banished from the Massachusetts Bay Colony for his refusal to conform to Puritan religious and social standards, Roger Williams established a haven in Rhode Island for those persecuted in the name of the religious establishment. Davis gathers together important selections from Williams's public and private writings on religious liberty, illustrating how this renegade Puritan radically reinterpreted Christian moral theology and the events of his day in a powerful argument for freedom of conscience and the separation of church and state.

The Naked Public Square
The Naked Public Square

Author: Richard John Neuhaus

Publisher: Wm. B. Eerdmans Publishing

Published: 1986

Total Pages: 300

ISBN-13: 9780802800800

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Underlying the many crises in American life, writes Richard John Neuhaus, is a crisis of faith. It is not enough that more people should believe or that those who believe should believe more strongly. Rather, the faith of persons and communities must be more compellingly related to the public arena. "The naked public square"--which results from the exclusion of popular values from the public forum--will almost certainly result in the death of democracy. The great challenge, says Neuhaus, is the reconstruction of a public philosophy that can undergird American life and America's ambiguous place in the world. To be truly democratic and to endure, such a public philosophy must be grounded in values that are based on Judeo-Christian religion. The remedy begins with recognizing that democratic theory and practice, which have in the past often been indifferent or hostile to religion, must now be legitimated in terms compatible with biblical faith. Neuhaus explores the strengths and weaknesses of various sectors of American religion in pursuing this task of critical legitimation. Arguing that America is now engaged in an historic moment of testing, he draws upon Protestant, Catholic, and Jewish thinkers who have in other moments of testing seen that the stakes are very high--for America, for the promise of democratic freedom elsewhere, and possibly for God's purpose in the world. An honest analysis of the situation, says Neuhaus, shatters false polarizations between left and right, liberal and conservative. In a democratic culture, the believer's respect for nonbelievers is not a compromise but a requirement of the believer's faith. Similarly, the democratic rights of those outside the communities of religious faith can be assured only by the inclusion of religiously-grounded values in the common life. The Naked Public Square does not offer yet another partisan program for political of social change. Rather, it offers a deeply disturbing, but finally hopeful, examination of Abraham Lincoln's century-old question--whether this nation or any nation so conceived and so dedicated can long endure.