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Exploring the relationship between religion and the state Focusing on the intersection of religion, law, and politics in contemporary liberal democracies, Blackford considers the concept of the secular state, revising and updating enlightenment views for the present day. Freedom of Religion and the Secular State offers a comprehensive analysis, with a global focus, of the subject of religious freedom from a legal as well as historical and philosophical viewpoint. It makes an original contribution to current debates about freedom of religion, and addresses a whole range of hot-button issues that involve the relationship between religion and the state, including the teaching of evolution in schools, what to do about the burqa, and so on.
Cécile Laborde argues that religion is more than a statement of belief or a moral code. It refers to comprehensive ways of life, theories of justice, modes of association, and vulnerable collective identities. By disaggregating these dimensions, she addresses questions about whether Western secularism and religion can be applied more universally.
In this book, Noel D. Johnson and Mark Koyama tackle the question: how does religious liberty develop?
Examining the law and public policy relating to religious liberty in Western liberal democracies, this book contains a detailed analysis of the history, rationale, scope, and limits of religious freedom from (but not restricted to) an evangelical Christian perspective. Focussing on United Kingdom, the United States, Canada, New Zealand, Australia, and EU, it studies the interaction between law and religion at several different levels, looking at the key debates that have arisen. Divided into three parts, the book begins by contrasting the liberal and Christian rationales for and understandings of religious freedom. It then explores central thematic issues: the types of constitutional frameworks within which any right to religious exercise must operate; the varieties of paradigmatic relationships between organized religion and the state; the meaning of 'religion'; the limitations upon individual and institutional religious behaviour; and the domestic and international legal mechanisms that have evolved to address religious conduct. The final part explores key subject areas where current religious freedom controversies have arisen: employment; education; parental rights and childrearing; controls on pro-religious and anti-religious expression; medical treatment; and religious group (church) autonomy. This new edition is fully updated with the growing case law in the area, and features increased coverage of Islam and the flashpoint debates surrounding the accommodation of Muslim beliefs and practices in Anglophone nations.
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.
This important new work elaborates and defends an account of the political morality of liberal democracy.
The Constitution may guarantee it. But religious freedom in America is, in fact, impossible. So argues this timely and iconoclastic work by law and religion scholar Winnifred Sullivan. Sullivan uses as the backdrop for the book the trial of Warner vs. Boca Raton, a recent case concerning the laws that protect the free exercise of religion in America. The trial, for which the author served as an expert witness, concerned regulations banning certain memorials from a multiconfessional nondenominational cemetery in Boca Raton, Florida. The book portrays the unsuccessful struggle of Catholic, Protestant, and Jewish families in Boca Raton to preserve the practice of placing such religious artifacts as crosses and stars of David on the graves of the city-owned burial ground. Sullivan demonstrates how, during the course of the proceeding, citizens from all walks of life and religious backgrounds were harassed to define just what their religion is. She argues that their plight points up a shocking truth: religion cannot be coherently defined for the purposes of American law, because everyone has different definitions of what religion is. Indeed, while religious freedom as a political idea was arguably once a force for tolerance, it has now become a force for intolerance, she maintains. A clear-eyed look at the laws created to protect religious freedom, this vigorously argued book offers a new take on a right deemed by many to be necessary for a free democratic society. It will have broad appeal not only for religion scholars, but also for anyone interested in law and the Constitution. Featuring a new preface by the author, The Impossibility of Religious Freedom offers a new take on a right deemed by many to be necessary for a free democratic society.
O'Halloran provides a comparative evaluation of contemporary law as it relates to religion in six developed nations.
LGBT, faith, and academic thought-leaders explore prospects for laws protecting each community's core interests and possible resolutions for culture-war conflicts.
This volume is the third in the “Perspectives from The Review of Politics” series, following The Crisis of Modern Times, edited by A. James McAdams (2007), and War, Peace, and International Political Realism, edited by Keir Lieber (2009). In A Liberalism Safe for Catholicism?, editors Daniel Philpott and Ryan Anderson chronicle the relationship between the Catholic Church and American liberalism as told through twenty-seven essays selected from the history of the Review of Politics, dating back to the journal’s founding in 1939. The primary subject addressed in these essays is the development of a Catholic political liberalism in response to the democratic environment of nineteenth- and twentieth-century America. Works by Jacques Maritain, Heinrich Rommen, and Yves R. Simon forge the case for the compatibility of Catholicism and American liberal institutions, including the civic right of religious freedom. The conversation continues through recent decades, when a number of Catholic philosophers called into question the partnership between Christianity and American liberalism and were debated by others who rejoined with a strenuous defense of the partnership. The book also covers a wide range of other topics, including democracy, free market economics, the common good, human rights, international politics, and the thought of John Henry Newman, John Courtney Murray, and Alasdair MacIntyre, as well as some of the most prominent Catholic thinkers of the last century, among them John Finnis, Michael Novak, and William T. Cavanaugh. This book will be of special interest to students and scholars of political science, journalists and policymakers, church leaders, and everyday Catholics trying to make sense of Christianity in modern society. Contributors: Daniel Philpott, Ryan T. Anderson, Jacques Maritain, Alvan S. Ryan, Heinrich Rommen, Josef Pieper, Yves R. Simon, Ernest L. Fortin, John Finnis, Paul E. Sigmund, David C. Leege, Thomas R. Rourke, Michael Novak, Michael J. Baxter, David L. Schindler , Joseph A. Komonchak, John Courtney Murray, Samuel Cardinal Stritch, Francis J. Connell, Carson Holloway, James V. Schall, Gary D. Glenn, John Stack, Glenn Tinder, Clarke E. Cochran, William A. Barbieri, Jr., Thomas S. Hibbs, Paul S. Rowe, and William T. Cavanaugh.