Religious Freedom in an Egalitarian Age

Author: Nelson Tebbe
Publisher: Harvard University Press
ISBN: 0674974891
Format: PDF, Mobi
Download Now
Nelson Tebbe shows how a method called social coherence offers a way to resolve conflicts between advocates of religious freedom and proponents of equality law. Based on the way people reason through moral problems in everyday life, it can lead to workable solutions in a wide range of issues, including gay rights and women’s reproductive choice.

Religious Freedom in an Egalitarian Age

Author: Nelson Tebbe
Publisher:
ISBN: 9780674971431
Format: PDF
Download Now
Nelson Tebbe shows how a method called social coherence offers a way to resolve conflicts between advocates of religious freedom and proponents of equality law. Based on the way people reason through moral problems in everyday life, it can lead to workable solutions in a wide range of issues, including gay rights and women s reproductive choice."

The Tragedy of Religious Freedom

Author: Marc O. DeGirolami
Publisher: Harvard University Press
ISBN: 0674074157
Format: PDF
Download Now
Legal scholars expect to resolve religious dilemmas according to principles of equality, neutrality, or separation of church and state. But such abstractions fail to do justice to the clashing values in today’s pluralistic society. Marc DeGirolami explains why conflicts implicating religious liberty are so emotionally fraught and deeply contested.

The Rise of Corporate Religious Liberty

Author: Micah Jacob Schwartzman
Publisher: Oxford University Press
ISBN: 0190262532
Format: PDF, ePub, Mobi
Download Now
What are the rights of religious institutions? Should those rights extend to for-profit corporations? Houses of worship have claimed they should be free from anti-discrimination laws in hiring and firing ministers and other employees. Faith-based institutions, including hospitals and universities, have sought exemptions from requirements to provide contraception. Now, in a surprising development, large for-profit corporations have succeeded in asserting rights to religious free exercise. The Rise of Corporate Religious Liberty explores this "corporate" turn in law and religion. Drawing on a broad range perspectives, this book examines the idea of "freedom of the church," the rights of for-profit corporations, and the implications of the Supreme Court's landmark decision in Burwell v. Hobby Lobby for debates on anti-discrimination law, same-sex marriage, health care, and religious freedom.

Law Religion and Health in the United States

Author: Holly Fernandez Lynch
Publisher: Cambridge University Press
ISBN: 1107164885
Format: PDF, Mobi
Download Now
While the law can create conflict between religion and health, it can also facilitate religious accommodation and protection of conscience. Finding this balance is critical to addressing the most pressing questions at the intersection of law, religion, and health in the United States: should physicians be required to disclose their religious beliefs to patients? How should we think about institutional conscience in the health care setting? How should health care providers deal with families with religious objections to withdrawing treatment? In this timely book, experts from a variety of perspectives and disciplines offer insight on these and other pressing questions, describing what the public discourse gets right and wrong, how policymakers might respond, and what potential conflicts may arise in the future. It should be read by academics, policymakers, and anyone else - patient or physician, secular or devout - interested in how US law interacts with health care and religion.

Religious Exemptions

Author: Kevin Vallier
Publisher: Oxford University Press
ISBN: 0190666188
Format: PDF, ePub
Download Now
Exemptions from legal requirements, especially religious exemptions, have been a major topic of political debate in recent years. For example, bakers in various states have sought the right to refuse to make wedding cakes for gay and lesbian couples, despite the Supreme Court's validation of same-sex marriage. Many parents are granted exemptions from vaccinating their children, despite public health laws requiring otherwise. Various religious organizations as well as some corporations have sought an exemption from the requirement to provide contraceptive coverage in employee healthcare plans, as required by the Affordable Care Act (ACA). Religious exemptions have a long history in the United States, but they remain controversial. Exemptions release some people from following laws that everyone else must follow, raising questions of fairness, and exemptions often privilege religious belief, raising concerns about equal treatment. At the same time there are good reasons to support exemptions, such as respect for the right of religious freedom and preventing religious organizations from becoming too closely intertwined with government. The essays in this volume represent valuable contributions to the complex debate about exemptions from legal requirements. In particular, they contribute to the moral dimensions of religious exemptions. These essays go beyond legal analysis about which exemptions are constitutionally appropriate, and ask instead when religious exemptions are morally required or morally prohibited.

Persons and Masks of the Law

Author: John Thomas Noonan
Publisher: Univ of California Press
ISBN: 9780520235236
Format: PDF, Mobi
Download Now
"Noonan discusses how the concept of property, applied to a person, is a perfect mask since no trace of human identity remains. An auction of slaves in Virginia, the takeover of a banana plantation in Costa Rica, and an accident on the Long Island Railroad are the famous cases involving these four legal giants. The stories of the litigations at three different periods of our history provide a powerful analysis of American law. Breaking through the formalism in which jurisprudence is often enshrined, Noonan offers a compelling vision of law and a potent call for reform in the education and behavior of lawyers."--BOOK JACKET.

The Conscience Wars

Author: Michel Rosenfeld
Publisher:
ISBN: 1107173302
Format: PDF, ePub, Mobi
Download Now
Explores the multifaceted debate on the interconnection between conscientious objections, religious liberty, and the equality of women and sexual minorities.

Equal Recognition

Author: Alan Patten
Publisher: Princeton University Press
ISBN: 1400850436
Format: PDF, ePub
Download Now
Conflicting claims about culture are a familiar refrain of political life in the contemporary world. On one side, majorities seek to fashion the state in their own image, while on the other, cultural minorities press for greater recognition and accommodation. Theories of liberal democracy are at odds about the merits of these competing claims. Multicultural liberals hold that particular minority rights are a requirement of justice conceived of in a broadly liberal fashion. Critics, in turn, have questioned the motivations, coherence, and normative validity of such defenses of multiculturalism. In Equal Recognition, Alan Patten reasserts the case in favor of liberal multiculturalism by developing a new ethical defense of minority rights. Patten seeks to restate the case for liberal multiculturalism in a form that is responsive to the major concerns of critics. He describes a new, nonessentialist account of culture, and he rehabilitates and reconceptualizes the idea of liberal neutrality and uses this idea to develop a distinctive normative argument for minority rights. The book elaborates and applies its core theoretical framework by exploring several important contexts in which minority rights have been considered, including debates about language rights, secession, and immigrant integration. Demonstrating that traditional, nonmulticultural versions of liberalism are unsatisfactory, Equal Recognition will engage readers interested in connections among liberal democracy, nationalism, and current multicultural issues.

Religion in Liberal Political Philosophy

Author: Cécile Laborde
Publisher: Oxford University Press
ISBN: 0192513214
Format: PDF, Docs
Download Now
Until now, there has been no direct and extensive engagement with the category of religion from liberal political philosophy. Over the last thirty years or so, liberals have tended to analyze religion under proximate categories such as 'conceptions of the good' (in debates about neutrality) or 'culture' (in debates about multiculturalism). US constitutional lawyers and French political theorists both tackled the category of religion head-on (under First Amendment jurisprudence and the political tradition of laïcité, respectively) but neither of these specialized national discourses found their way into mainstream liberal political philosophy. This is somewhat paradoxical because key liberal notions (state sovereignty, toleration, individual freedom, the rights of conscience, public reason) were elaborated as a response to 17th Century European Wars of Religion, and the fundamental structure of liberalism is rooted in the western experience of politico-religious conflict. So a reappraisal of this tradition - and of its validity in the light of contemporary challenges - is well overdue. This book offers the first extensive engagement with religion from liberal political philosophers. The volume analyzes, from within the liberal philosophical tradition itself, the key notions of conscience, public reason, non-establishment, and neutrality. Insofar as the contemporary religious revival is seen as posing a challenge to liberalism, it seems more crucial than ever to explore the specific resources that the liberal tradition has to answer it.