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Of the many challenges facing liberal democracy, none is as powerful and pervasive today as those posed by religion. These are the challenges taken up in Obligations of Citizenship and Demands of Faith, an exploration of the place of religion in contemporary public life. The essays in this volume suggest that two important shifts have altered the balance between the competing obligations of citizenship and faith: the growth of religious pluralism and the escalating calls of religious groups for some measure of autonomy or recognition from democratic majorities. The authors--political theorists, philosophers, legal scholars, and social scientists--collectively argue that more room should be made for religion in today's democratic societies. Though they advocate different ways of carving out and justifying the proper bounds of "church and state" in pluralist democracies, they all write from within democratic theory and share the aim of democratic accommodation of religion. Alert to national differences in political circumstances and the particularities of constitutional and legal systems, these contributors consider the question of religious accommodation from the standpoint of institutional practices and law as well as that of normative theory. Unique in its interdisciplinary approach and comparative focus, this volume makes a timely and much-needed intervention in current debates about religion and politics. The contributors are Nancy L. Rosenblum, Alan Wolfe, Ronald Thiemann, Michael McConnell, Graham Walker, Amy Gutmann, Kent Greenawalt, Aviam Soifer, Harry Hirsch, Gary Jacobsohn, Yael Tamir, Martha Nussbaum, and Carol Weisbrod.
What are the proper aims of education in a liberal democracy? The essayists in this volume bring philosophical, political, and legal reflection to bear on the practical questions of how education should be changed for the 21st century.
This book addresses the challenge of providing for the free exercise of religion without allowing religious exercise by some individuals and groups to impinge upon the conscientious convictions of others. State neutrality toward religion is impossible, because neutrality means inattention to religion for some, but leveling the playing field through accommodations or exemptions for others. Both formal and substantive neutrality have a place in addressing particular conflicts. One such example is public funding for religiously affiliated social service programs, for which neither type of neutrality is satisfactory and thus some restrictions are justifiable; conversely, private voluntary organizations that do not receive direct public funding should be allowed wide latitude regarding their practices. This title also examines the expansive free exercise claims that are now made by those who argue that following the law impinges upon their beliefs, as exemplified by the ministerial exception and the Hobby Lobby and Masterpiece Cakeshop Supreme Court cases. It concludes by analyzing the relationship between neutrality and marriage as a civil status, which impacts a variety of commitment types and plural marriage.
John Rawls's pioneering work of political philosophy A Theory of Justice has had far reaching influence on modern liberal political philosophy. Rawls' sprinciples of justice as fairness: the principle of liberty, the principle of fair equality of opportunity and the famous 'difference principle' have been both heavily criticized and incorporated into other political theories. In this book Päivänsalo both presents a deep analysis of the whole Rawlsian canon and builds upon and goes beyond Rawls's conception by introducing a fresh theoretical framework to clarify and modify different balances of the elements of Rawlsian justice. Justice as fairness is analyzed into its parts and elements, critically examined to find the strongest most favourable interpretations of each principle and in this light the principles are reconstructed and rebalanced in such a way as to resist the most significant criticisms of the Rawlsian project.
The first book to examine religious feminist activists in Israel, the U.S., and Kuwait
Most discussions of multiculturalism and group rights focus on the relationship between the minority and the majority. This volume advances our understanding of minority rights by focusing on conflicts that arise within minority groups and by examining the different sorts of responses that the liberal state might have to these conflicts. Groups around the world are increasingly successful in maintaining or winning autonomy. In light of this trend, a crucial question emerges: what happens to individuals within groups who find that their group discriminates against them? This volume brings together distinguished scholars who examine this question by weaving together normative political theory with case studies drawn from South Africa, the United States, India, Canada, and Britain. Classical liberalism, deliberative democracy, feminism, and associative democracy are among the theoretical frameworks used to offer solutions to the complex set of issues raised by minorities within minorities.
No account of contemporary politics can ignore religion. The liberal democratic tradition in political thought has long treated religion with some suspicion, regarding it as a source of division and instability. Faith in Politics shows how such arguments are unpersuasive and dependent on questionable empirical claims: rather than being a serious threat to democracies' legitimacy, stability and freedom, religion can be democratically constructive. Using historical cases of important religious political movements to add empirical weight, Bryan McGraw suggests that religion will remain a significant political force for the foreseeable future and that pluralist democracies would do well to welcome rather than marginalize it.
What is the place of faith in public life in the UK? Beyond ‘secularism’ that seeks to relegate faith to the margins of public life, and a ‘Christian nation’ position that seeks to retain, or even regain, Christian public privilege, there is a third way. Faith in Democracy: Framing a Politics of Deep Diversity calls for an approach that maximises public space for the expression of faith-based visions within democratic fora while repudiating all traces of religious privilege. It argues for a truly conversational space, reflecting theologically on the contested concepts at the heart of the current debate about the place of faith in British public life: democracy, secularism, pluralism and public faith.
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.