Religion, Secularism, and Constitutional Democracy
Religion, Secularism, and Constitutional Democracy

Author: Jean L. Cohen

Publisher: Columbia University Press

Published: 2015-12-22

Total Pages: 465

ISBN-13: 0231540736

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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.

Religious Freedom and the Constitution
Religious Freedom and the Constitution

Author: Christopher L. Eisgruber

Publisher: Harvard University Press

Published: 2010-04-10

Total Pages: 346

ISBN-13: 0674034457

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Religion has become a charged token in a politics of division. In disputes about faith-based social services, public money for religious schools, the Pledge of Allegiance, Ten Commandments monuments, the theory of evolution, and many other topics, angry contestation threatens to displace America's historic commitment to religious freedom. Part of the problem, the authors argue, is that constitutional analysis of religious freedom has been hobbled by the idea of "a wall of separation" between church and state. That metaphor has been understood to demand that religion be treated far better than other concerns in some contexts, and far worse in others. Sometimes it seems to insist on both contrary forms of treatment simultaneously. Missing has been concern for the fair and equal treatment of religion. In response, the authors offer an understanding of religious freedom called Equal Liberty. Equal Liberty is guided by two principles. First, no one within the reach of the Constitution ought to be devalued on account of the spiritual foundation of their commitments. Second, all persons should enjoy broad rights of free speech, personal autonomy, associative freedom, and private property. Together, these principles are generous and fair to a wide range of religious beliefs and practices. With Equal Liberty as their guide, the authors offer practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. Their book calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.

Law and the Wearing of Religious Symbols
Law and the Wearing of Religious Symbols

Author: Erica Howard

Publisher: Routledge

Published: 2013-06-17

Total Pages: 242

ISBN-13: 1136592121

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Written in accessible language, Law and the Wearing of Religious Symbols is a comprehensive analysis of a topical subject that is being widely debated across Europe. The book provides an overview of emerging case law from the European Court of Human Rights as well as from national courts and equality bodies in European countries on the wearing of religious symbols in educational settings. The author persuasively argues that bans on the wearing of religious symbols in educational institutions in Europe constitutes a breach of an individual’s human rights and contravenes existing anti-discrimination legislation. The book offers a discussion of developments in Europe, including the French ban on Islamic head scarves which came into force in April 2011. In addition to an in depth examination of recent bans, the book also assess the arguments used for imposing them as well as the legal claims that can potentially be made to challenge their validity. In doing this, the book will go beyond merely analysing the bans in place to suggest ways in which educational institutions can most fairly respond to requests for accommodation of the wearing of religious symbols and whether perhaps the adoption of other provisions or measures are necessary in order to improve the present situation. This book will be of particular interest to students and academics in the disciplines of law, human rights, political science, sociology and education, but will also be of considerable value to policy makers and educators as well.

The Power of Religion in the Public Sphere
The Power of Religion in the Public Sphere

Author: Judith Butler

Publisher: Columbia University Press

Published: 2011-03-02

Total Pages: 149

ISBN-13: 023152725X

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The Power of Religion in the Public Sphere represents a rare opportunity to experience a diverse group of preeminent philosophers confronting one pervasive contemporary concern: what role does or should religion play in our public lives? Reflecting on her recent work concerning state violence in Israel-Palestine, Judith Butler explores the potential of religious perspectives for renewing cultural and political criticism, while Jürgen Habermas, best known for his seminal conception of the public sphere, thinks through the ambiguous legacy of the concept of "the political" in contemporary theory. Charles Taylor argues for a radical redefinition of secularism, and Cornel West defends civil disobedience and emancipatory theology. Eduardo Mendieta and Jonathan VanAntwerpen detail the immense contribution of these philosophers to contemporary social and political theory, and an afterword by Craig Calhoun places these attempts to reconceive the significance of both religion and the secular in the context of contemporary national and international politics.

Catalog of the Gerald K. Stone Collection of Judaica
Catalog of the Gerald K. Stone Collection of Judaica

Author: Gerald K. Stone

Publisher: Academic Studies PRess

Published: 2021-01-05

Total Pages: 524

ISBN-13: 164469476X

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Gerald K. Stone has collected books about Canadian Jewry since the early 1980s. This volume is a descriptive catalog of his Judaica collection, comprising nearly 6,000 paper or electronic documentary resources in English, French, Yiddish, and Hebrew. Logically organized, indexed, and selectively annotated, the catalog is broad in scope, covering Jewish Canadian history, biography, religion, literature, the Holocaust, antisemitism, Israel and the Middle East, and more. An introduction by Richard Menkis discusses the significance of the Catalog and collecting for the study of the Jewish experience in Canada. An informative bibliographical resource, this book will be of interest to scholars and students of Canadian and North American Jewish studies.

Institutional Change in the Public Sphere
Institutional Change in the Public Sphere

Author: Fredrik Engelstad

Publisher: Walter de Gruyter GmbH & Co KG

Published: 2017-04-24

Total Pages: 281

ISBN-13: 3110546337

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The main focus of the book is institutional change in the Scandinavian model, with special emphasis on Norway. There are many reasons to pay closer attention to the Norwegian case when it comes to analyses of changes in the public sphere. In the country’s political history, the arts and the media played a particular role in the processes towards sovereignty at the beginning of the 20th century. On a par with the other Scandinavian countries, Norway is in the forefront in the world in the distribution and uses of Internet technology. As an extreme case, the most corporatist society within the family of the “Nordic Model”, it offers an opportunity both for intriguing case studies and for challenging and refining existing theory on processes of institutional change in media policy and cultural policy. It supplements two recent, important books on political economy in Scandinavia: Varieties of Liberalization and the New Politics of Social Solidarity (Kathleen Thelen, 2014), and The Political Construction of Business Interests (Cathie Jo Martin and Duane Swank, 2013). There are further reasons to pay particular attention to the Scandinavian, and more specifically the Norwegian cases: (i) They are to varying degrees neo-corporatist societies, characterized by ongoing bargaining over social and political reform processes. From a theoretical perspective this invites reflections which, to some extent, are at odds with the dominant conceptions of institutional change. Neither models of path dependency nor models of aggregate, incremental change focus on the continuous social bargaining over institutional change. (ii) Despite recent processes of liberalization, common to the Western world as a whole, corporatism implies a close connection between state, public sphere, cultural life, and religion. This also means that institutions are closely bundled, in an even stronger way than assumed for example in the Varieties of Capitalism literature. Furthermore, we only have scarce insight in the way the different spheres of corporatism are connected and interact. In the proposed edited volume we have collected historical-institutional case studies from a broad set of social fields (a detailed outline of contents and contributors is attached): • Critical assessments of Jürgen Habermas’ theory of the public sphere • Can the public sphere be considered an institution? • The central position of the public sphere in social and political change in Norway • Digital transformations and effects of the growing PR industry on the public sphere • Institutionalization of social media in local politics and voluntary organizations • Legitimation work in the public sphere • freedom of expression and warning in the workplace • “Return of religion” to the public sphere, and its effects

Courts, Politics and Constitutional Law
Courts, Politics and Constitutional Law

Author: Martin Belov

Publisher: Routledge

Published: 2019-10-16

Total Pages: 189

ISBN-13: 1000707970

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This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

The European Court of Human Rights and Minority Religions
The European Court of Human Rights and Minority Religions

Author: Effie Fokas

Publisher: Routledge

Published: 2020-04-28

Total Pages: 242

ISBN-13: 0429954409

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This book includes a collection of studies focused on engagements of religious minorities with the European Court of Human Rights (ECtHR). Beginning with an introduction of the global importance of the ECtHR as a standard setter in the protection of religious minority rights, the subsequent five chapters entail critical assessments of some of the Court’s case law dealing with religious minority claims (exploring their clarity and consistency – or lack thereof – and controversiality). In the process these texts impart a nuanced perspective on the challenges the Court faces in striking the right balance between protecting individual freedoms and respecting state rights to manage ‘nationally’ and ‘culturally’ sensitive matters. The second set of contributions makes readers privy to the varied results of this balancing act on the ground. Specifically, it offers empirically-based insight into the impact of the Court’s religion-related case law on grassroots religious minority groups working to defend their individual and communal rights. The chapters taken together deepen our understanding of the ECtHR in its approach to and impact on religious minorities and offer a rare vantage point on the Court, from the messages its generates to the messages received by religious minorities at the grassroots level. The chapters in this book were originally published in Religion, State & Society, the Journal of Muslim Minority Affairs and Democratization.

Routledge Handbook of Law and Religion
Routledge Handbook of Law and Religion

Author: Silvio Ferrari

Publisher: Routledge

Published: 2015-03-05

Total Pages: 437

ISBN-13: 1135045550

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The field of law and religion studies has undergone a profound transformation over the last thirty years, looking beyond traditional relationships between State and religious communities to include rights of religious liberty and the role of religion in the public space. This handbook features new, specially commissioned papers by a range of eminent scholars that offer a comprehensive overview of the field of law and religion. The book takes on an interdisciplinary approach, drawing from anthropology, sociology, theology and political science in order to explore how laws and court decisions concerning religion contribute to the shape of the public space. Key themes within the book include: Religions symbols in the public space; Religion and security; Freedom of religion and cultural rights; Defamation and hate speech; Gender, religion and law; This advanced level reference work is essential reading for students, researchers and scholars of law and religion, as well as policy makers in the field.