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The aim of this book is to create a space for contributions on religious freedom in the Global South. The contributions speak to diverse themes underscoring religious freedom in the Global South including the impact of religious freedom on majority and minority religious communities, the relationship between religious freedom and the state, and the relationship between religious freedom and other fundamental human rights. Through the adoption of inter- and multidisciplinary approaches, and with reference to various religions such as Islam, Hinduism, Sufism, Sikhism, and Christianity, contributors address the themes across several regions in the world including Africa, South Asia, South-East Asia, South America, and Eastern Europe. Depending on the social, legal, and political context and by relying on diverse examples such as the Muslim call to prayer (adhan), domestic violence, animal sacrifice, religious conversions, abortion, the rights of LGBT persons, and religious education in the public sphere, the contributions illustrate how religious freedom can undermine or promote the rights of majority or minority religious communities, and how it can impact on the rights of marginalised members within minority religious communities.
Religion and democracy can make tense bedfellows. Secular elites may view religious movements as conflict-prone and incapable of compromise, while religious actors may fear that anticlericalism will drive religion from public life. Yet such tensions are not inevitable: from Asia to Latin America, religious actors coexist with, and even help to preserve, democracy. In Faithful to Secularism, David T. Buckley argues that political institutions that encourage an active role for public religion are a key part in explaining this variation. He develops the concept of "benevolent secularism" to describe institutions that combine a basic division of religion and state with extensive room for participation of religious actors in public life. He traces the impact of benevolent secularism on religious and secular elites, both at critical junctures in state formation and as politics evolves over time. Buckley shows how religious and secular actors build credibility and shared norms over time, and explains how such coalitions can endure challenges from both religious revivals and periods of anticlericalism. Faithful to Secularism tests this institutional theory in Ireland, Senegal, and the Philippines, using a blend of archival, interview, and public opinion data. These case studies illustrate how even countries with an active religious majority can become and remain faithful to secularism.
The election of Ferdinand Marcos to the presidency of the Republic of the Philippines coincided with the conclusion of the work of Vatican II in 1965; and Marcos's dictatorial policies would inevitably clash with the Vatican's call for the clergy to advocate greater social justice for the poor. In this authoritative account of the role of the Catholic Church in the recent history of the Philippines, Robert L. Youngblood traces the political engagement of the Church over the twenty years between Marcos's election and his ouster from power in 1986. Drawing upon extensive research, Youngblood explains how, although church and state professed to share the goal of improving the welfare of the poor, Marcos's economic development policies and oppressive rule created church opposition which helped accelerate the collapse of his regime. Youngblood considers the evolution of church programs from social action projects, such as the organization of cooperatives and credit unions, to the development of social justice programs that emphasized the creation of more democratic and caring communities. He examines the dynamics by which the leaders of the Philippine Roman Catholic and Protestant churches moved from a brief period of goodwill toward the Marcos dictatorship to considerable opposition by the late 1970s, as church-sponsored work among the poor was increasingly viewed by the regime as subversive. Youngblood shows that after the assassination of Benigno Aquino, Jr., in 1983, the deterioration of the standard of living of average Filipinos, along with Marcos's repressive policies toward the churches and other abuses in the name of national security, were factors which impelled powerful church figures to actively oppose the dictatorship. Tracing the internal deliberations of the Philippine churches as they came to take the lead in opposing human rights abuses, Marcos against the Church deepens our understanding of problematic relations between church and state. Historians and social scientists interested in the Philippines and modern Southeast Asia, historians of religion, political scientists working in comparative politics and political development, and others concerned with issues of human rights will want to read it.
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.
When it comes to questions of religion, legal scholars face a predicament. They often expect to resolve dilemmas according to general principles of equality, neutrality, or the separation of church and state. But such abstractions fail to do justice to the untidy welter of values at stake. Offering new views of how to understand and protect religious freedom in a democracy, The Tragedy of Religious Freedom challenges the idea that matters of law and religion should be referred to far-flung theories about the First Amendment. Examining a broad array of contemporary and more established Supreme Court rulings, Marc DeGirolami explains why conflicts implicating religious liberty are so emotionally fraught and deeply contested. Twenty-first-century realities of pluralism have outrun how scholars think about religious freedom, DeGirolami asserts. Scholars have not been candid enough about the tragic nature of the conflicts over religious liberty—the clash of opposing interests and aspirations they entail, and the limits of human reason to resolve intractable differences. The Tragedy of Religious Freedom seeks to turn our attention from abstracted, absolute values to concrete, historical realities. Social history, characterized by the struggles of lawyers engaged in the details of irreducible conflicts, represents the most promising avenue to negotiate legal conflicts over religion. In this volume, DeGirolami offers an approach to understanding religious liberty that is neither rigidly systematic nor ad hoc, but a middle path grounded in a pluralistic and historically informed perspective.
The Church in Colonial Latin America is a collection of essays that include classic articles and pieces based on more modern research. Containing essays that explore the Catholic Church's active social and political influence, this volume provides the background necessary for students to grasp the importance of the Catholic Church in Latin America. This text also presents a comprehensive, analytic, and descriptive history of the Church and its development during the colonial period. From the evangelization of the New World by Spanish missionaries to the active influence of the Catholic Church on Latin American culture, this book offers a complete picture of the Church in colonial Latin America. The Church in Colonial Latin America is ideal for courses in the colonial period in Latin American history, as well as courses in religion, church history, and missionary history.
This clear and nuanced introduction explores the Philippines’ ongoing and deeply charged dilemma of state-society relations through a historical treatment of state formation and the corresponding conflicts and collaboration between government leaders and social forces. Patricio N. Abinales and Donna J. Amoroso examine the long history of institutional weakness in the Philippines and the varied strategies the state has employed to overcome its structural fragility and strengthen its bond with society. The authors argue that this process reflects the country’s recurring dilemma: on the one hand is the state’s persistent inability to provide essential services, guarantee peace and order, and foster economic development; on the other is the Filipinos’ equally enduring suspicions of a strong state. To many citizens, this powerfully evokes the repression of the 1970s and the 1980s that polarized society and cost thousands of lives in repression and resistance and billions of dollars in corruption, setting the nation back years in economic development and profoundly undermining trust in government. The book’s historical sweep starts with the polities of the pre-colonial era and continues through the first year of Rodrigo Duterte’s controversial presidency.
The Criminalization series arose from an interdisciplinary investigation into criminalization, focusing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? The fifth book in the series offers an historical and conceptual account of the criminal law, as it has developed in England and spread to common law jurisdictions around the world. It traces how and why criminal law has come to be accorded with a central role in securing civil order in modernity, and justifies who and what should be treated as criminal under the law. Farmer argues that the emergence of the modern state in which criminal law is recognized as an instrument of government is a result of the distinct body of rules which have emerged from the modern criminal law. Structured in two parts, the first traces the development of the modern criminal law, including jurisdiction, codification, and responsibility. The second part engages in a detailed analysis of the development of specific categories of criminal law, focusing on patterns of criminalization in relation to property offences, offences against the person, sexual offences, and civility.
The most authoritative international law documents in Philippine history are brought together in one book for the first time. These are primary materials that illuminate Philippine interpretations of international law doctrine.