How are Western, mostly secular, societies handling religion in its increasingly pluralistic and complex forms? What different forms of interactions between and negotiations of religion and religious beliefs can we see in contemporary society? What are the primary contenders in these interactions and negotiations? The authors of Religion, Law and Democracy give ample examples of a variety of interaction processes between different expressions of religion and different spheres of society, such as the media, the judicial systems and state administration and policy. The authors primarily approach these questions from a North European but also to some extent a global perspective. A common denominator is a dynamic perspective on the relation between religious organizations, society and the individual actors - in other words how all of these levels are interconnected and transformed in these processes.
How are Western, mostly secular, societies handling religion in its increasingly pluralistic and complex forms? In Reconsidering Religion, Law, and Democracy the authors study the interaction and negotiations between religious organizations and religious citizens on the one hand, and the state, the judicial system, the media, and secular citizens on the other. Religion has become increasingly visible in contemporary society and is, more often than before, recognized as a public matter and not merely a private issue. As such it presents new challenges or opportunities to scholarly research and to society at large. The contributors to this volume shed light on what follows when expressions of religion meet different spheres of society. The authors explicitly point to the need to develop a more comprehensive understanding of the roles played by religion in society today. By presenting case studies, fresh perspectives and new questions they suggest that deeper knowledge is best achieved by further, increasingly nuanced interdisciplinary research.
This book presents the first full-length study of the relationship between religion and the controversial concept of civil society. Across the world in the last two decades of the twentieth century religions re-entered public space as influential discursive and symbolic systems apparently beyond the control of either traditional religious authorising institutions or states. This differentiation of religion from traditional institutions and entry into secular public spheres carries both dangers and possible benefits for democracy. Offering a fresh interdisciplinary approach to understanding religion in contemporary societies, this book provides an invaluable resource for students and researchers in religious studies, sociology, politics and political philosophy, theology, international relations and legal studies. Part one presents a critical introduction to the interaction between religion, modernization and postmodernization in Western and non-Western settings (America, Europe, the Middle East and India), focussing on discourses of human rights, civil society and the public sphere, and the controversial question of their cross-cultural application. Part two examines religion and civil society through case studies of Egypt, Bosnia and Muslim minorities in Britain, and compares Poland as an example of a Christian majority society that has experienced the public reassertion of religion.
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.
This volume showcases the work of a new generation of scholars interested in the historical connection between religion and human rights in the twentieth century, offering a truly global perspective on the internal diversity, theological roots, and political implications of Christian human rights theory.
Presser makes a compelling case that the original understanding of the Constitution was that religion, morality, and law were inextricably connected.--Forrest McDonald
Ernst-Wolfgang Böckenförde (1930-2019) was one of Europe's foremost legal scholars and political thinkers. As a scholar of constitutional law and a judge on Germany's Federal Constitutional Court (1983-1996), Böckenförde was a major contributor to contemporary debates in legal and political theory, to the conceptual framework of the modern state and its presuppositions, and to contested political issues such as the constitutional status of the state of emergency, citizenship rights, bioethical politics, and the challenges of European integration. His writings have shaped not only academic but also wider public debates from the 1950s to the present, to an extent that few European scholars can match. As a federal constitutional judge and holder of a trusted public office, Böckenförde has influenced the way academics and citizens think about law and politics. During his tenure on the Court, several path-breaking decisions for the Federal Republic of Germany were handed down, including decisions on the deployment of missiles, the law on political parties, the regulation of abortion, and the process of European integration. This second volume in the first representative edition in English of Böckenförde's writings brings together his essays on religion, law, and democracy. The volume is organized in five sections: I. the Catholic Church and Political Order; II. State and Secularity; III. the Theology of Law and its Relation to Political Theory; IV. Norms and the Principle of Human Dignity; and V. Excerpts from a biographical interview. Sections I, II, III, and IV are preceded by an editors' introduction to the articles as well as running editorial commentary to the work.
This book addresses critical questions about how legal development works in practice and is a timely reference for practitioners of institutional reform, providing a thought-provoking interdisciplinary collection of essays in an area of renewed scholarly interest. The contributors are a distinguished, international group of scholars and practitioners of law, development, social sciences and religion, with extensive experience in the developing world.
As reports of genocide, terrorism, and political violence fill today’s newscasts, more attention has been given to issues of human rights—but all too often the sound bites seem overly simplistic. Many Westerners presume that non-Western peoples yearn for democratic rights, while liberal values of toleration give way to xenophobia. This book shows that the identification of rights with contemporary liberal democracy is inaccurate and questions the assumptions of many politicians and scholars that rights are self-evident in all circumstances and will overcome any conflicts of thought or interest. Rethinking Rights offers a radical reconsideration of the origins, nature, and role of rights in public life, interweaving perspectives of leading scholars in history, political science, philosophy, and law to emphasize rights as a natural outgrowth of a social understanding of human nature and dignity. The authors argue that every person comes to consciousness in a historical and cultural milieu that must be taken into account in understanding human rights, and they describe the omnipresence of concrete, practical rights in their historical, political, and philosophical contexts. By rooting our understanding of rights in both history and the order of existence, they show that it is possible to understand rights as essential to our lives as social beings but also open to refinement within communities. An initial group of essays retraces the origins and historical development of rights in the West, assessing the influence of such thinkers as Locke, Burke, and the authors of the Declaration of Independence to clarify the experience of rights within the Western tradition. A second group addresses the need to rethink our understanding of the nature of existence if we are to understand rights and their place in any decent life, examining the ontological basis of rights, the influence of custom on rights, the social nature of the human person, and the importance of institutional rights. Steering a middle course between radical individualist and extreme egalitarian views, Rethinking Rights proposes a new philosophy of rights appropriate to today’s world, showing that rights need to be rethought in a manner that brings them back into accord with human nature and experience so that they may again truly serve the human good. By engaging both the history of rights in the West and the multicultural challenge of rights in an international context, Rethinking Rights offers a provocative and coherent new argument to advance the field of rights studies.
On the twenty-fifth anniversary of Richard John Neuhaus's landmark book The Naked Public Square, ten of today's leading scholars-including Mary Ann Glendon, William Galston, Gerard Bradley, and Hadley Arkes-weigh in on the always impassioned church-state debate.
