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This timely and authoritative resource combines both topical and country-by-country coverage to help readers understand the coexistence of church and state in nations around the world today. At a time when faith-based groups have become more politically active in the United States, and with religious conflicts at the epicenter of many of the world's most dangerous hotspots, Religion and the State: An International Analysis of Roles and Relationships could not be more welcomed or timely. Country by country, faith by faith, it unravels the historic underpinnings and long-range effects of the relationship between religious principles and the operations of government in its many guises worldwide. The work combines topical essays on significant developments in the confluence of religion and law throughout the world with short descriptions of each countries' current treatment of religion. Readers can investigate specific nations, compare situations across nations, and explore key issues in the pervasive, often controversial relationship between religion and government.
This book examines the question of how the mode of state–religion identification affects the state’s scope for compliance with human rights law. It presents a human rights-based assessment of the various modes of state–religion identification and of the various forms of state practice that surround and characterize these different state–religion models. A close assessment of norms of human rights law substantiates that, although human rights law on the face of it is seemingly neutral to the issue of state–religion identification, legal principles can be extrapolated that have a profound bearing on the question of legitimacy of the possible diverse relationships that may exist between the state and religion. A range of thematic case studies on, among other issues, Establishment of Religion & the ‘Equal Religious Rights of Others’, Religion & Freedom of Expression, Religion & Political Rights, Religion & Educational Rights, Religion & Freedom of Association and Religion & Equal Employment Opportunities, demonstrates that existing regimes of positive state identification with religion are not devoid of forms of institutionalised discrimination and de facto practices of discrimination on grounds of religion or belief (or lack thereof). At the same time, it is observed by the author that in some secular or separationist states the ideals of state secularism and separationism have come to be considered ends in themselves. This has given rise to situations where the principles of secularism and separationism are construed so as to impose illegitimate limits on the activities of religions or illegitimate limits on the individual manifestation of certain beliefs. This book makes a case for the recognition of a state duty to remain impartial with respect to religion or belief in all regards so as to comply with people’s fundamental right to be governed, at all times, in a religiously neutral manner.
Between 1776 and 1850, the people, politicians, and clergy of New England transformed the relationship between church and state. They did not simply replace their religious establishments with voluntary churches and organizations. Instead, as they collided over disestablishment, Sunday laws, and antislavery, they built the foundation of what the author describes as a religion-supported state. Religious tolerance and pluralism coexisted in the religion-supported state with religious anxiety and controversy. Questions of religious liberty were shaped by public debates among evangelicals, Unitarians, Universalists, deists, and others about the moral implications of religious truth and error. The author traces the shifting, situational political alliances they constructed to protect the moral core of their competing truths. New England's religion-supported state still resonates in the United States in the twenty-first century.
The First Amendment of the U. S. Constitution begins: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . ." The Supreme Court has consistently held that these words, usually called the "religion clauses," were meant to prohibit laws that violate religious freedom or equality. In recent years, however, a growing number of constitutional law and history scholars have contended that the religion clauses were not intended to protect religious freedom, but to reserve the states' rights to legislate on. If the states' rights interpretation of the religion clauses were correct and came to be accepted by the Supreme Court, it could profoundly affect the way the Court decides church-state cases involving state laws. It would allow the states to legislate on religion-even to violate religious freedom, discriminate on the basis of religion, or to establish a particular religion. This book carefully, thoroughly, and critically examines all the arguments for such an interpretation and, more importantly, all the available historical evidence. It concludes that the clauses were meant to protect religious freedom and equality of the individuals not the states' rights
This work is a comprehensive survey of one of the oldest—and hottest—debates in American history: the role of religion in the public discourse. The relationship between church and state was contentious long before the framers of the Constitution undertook the bold experiment of separating the two, sparking a debate that would rage for centuries: What is the role of religion in government—and vice versa? Religion and the Law in America explores the many facets of this question, from prayer in public schools to the addition of the phrase "under God" to the Pledge of Allegiance, from government investigation of religious fringe groups to federal grants for faith-based providers of social services. In more than 250 A–Z entries, along with a series of broad, thematic essays, it examines the groups, laws, and court cases that have framed this ongoing debate. Through its careful, balanced exploration of the interaction between government and religion throughout the history of the United States, the work provides all Americans—students, scholars, and lay readers alike—with a deep understanding of one of the central, enduring issues in our history.
This book focuses on the financing of religions, examining some European church-state models, using a philosophical methodology. The work defends autonomy-based liberalism and elaborates how this liberalism can meet the requirements of liberal neutrality. The chapters also explore religious education and the financing of institutionalized religion. This volume collates the work of top scholars in the field. Starting from the idea that autonomy-based liberalism is an adequate framework for the requirement of liberal neutrality, the author elaborates why a liberal state can support religions and how she should do this, without violating the principle of neutrality. Taking into account the principle of religious freedom and the separation of church and state, this work explores which criteria the state should take into account when she actively supports religions, faith-based schools and religious education. A number of concrete church-state models, including hands-off, religious accommodation and the state church are evaluated, and the book gives some recommendations in order to optimize those church-state models, where needed. Practitioners and scholars of politics, law, philosophy and education, especially religious education, will find this work of particular interest as it has useful guidelines on policies and practices, as well as studies of church-state models.
Americans of the Early Republic devoted close attention to the question of what should be the proper relationship between church and state. Kabala examines this debate across six decades and shows that an understanding of this period is not possible without appreciating the key role religion played in the formation of the nation.
Presents an overview of the history of religion in America and includes excerpts from primary source documents, short biographies of influential people, and more.
The Palgrave Handbook of Religion and State Volume I: Theoretical Perspective deals with the relationship between Religion and its long history that has played out throughout time and across the globe. Countries in Africa, the Middle East, and Europe approach the subject of religion and the state in various ways. While the word religion to westerners usually brings Christianity to mind, in Japan it is Shintoism and Buddhism. Volume II offers chapters on the relationship of both Shintoism and Buddhism to the Japanese state. It is very easy to see how the deeply traditional Japanese citizens may come into conflict with the strictly secular Japanese state. It also contains chapters about mosque and state as well as synagogue and state.