The Agnostic Age

Author: Paul Horwitz
Publisher: Oxford University Press
ISBN: 0199876304
Format: PDF, ePub, Docs
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The Agnostic Age: Law, Religion, and the Constitution is a book for lawyers, law professors, law students, lawmakers, and any citizen who cares about church-state conflict and about the relationship between religion and liberal democracy. It provides a way to understand and balance the conflicts that inevitably arise when neighbors struggle with neighbors, and when liberal democracy tries to reach common ground with religious beliefs and practices. Paul Horwitz argues that the fundamental reason for the church-state conflict is our aversion to questions of religious truth. By trying to avoid the question of religious truth, law and religion has ultimately only reached a state of incoherence. He asserts that the answer to this dilemma is to take "the agnostic turn": to take an empathetic and imaginative approach to questions of religious truth, one that actually confronts rather than avoids these questions, but without reaching a final judgment about what that truth is. This book offers a sensitive and sensible approach to questions of church-state conflict, justifying what the courts have done in some cases and demanding new results in others. It explains how the church-state conflict extends beyond law and religion itself, and goes to some of the central questions at the heart of the troubled relationship between religion and liberal democracy in a post-9/11 era.

The Law of Organized Religions

Author: Julian Rivers
Publisher: Oxford University Press
ISBN: 0199226105
Format: PDF, Mobi
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This book offers the first modern systematic account of the law that applies to religious bodies. It sets the modern law in its historical context, and examines the major controversies relating to the legal control of religious practice, including faith schools, faith-based welfare provision, and the human rights law protecting religious freedom.

Legal Responses to Religious Practices in the United States

Author: Austin Sarat
Publisher: Cambridge University Press
ISBN: 1139576976
Format: PDF, Kindle
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There is an enormous scholarly literature on law's treatment of religion. Most scholars now recognize that although the US Supreme Court has not offered a consistent interpretation of what 'non-establishment' or religious freedom means, as a general matter it can be said that the First Amendment requires that government not give preference to one religion over another or, although this is more controversial, to religion over non-belief. But these rules raise questions that will be addressed in Legal Responses to Religious Practices in the United States: namely, what practices constitute a 'religious activity' such that it cannot be supported or funded by government? And what is a religion, anyway? How should law understand matters of faith and accommodate religious practices?

Islam Sharia and Alternative Dispute Resolution

Author: Mohamed Keshavjee
Publisher: I.B.Tauris
ISBN: 1848857322
Format: PDF
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This book shows that Shari'a and its 'fiqh' (laws set forward by various Islamic legal schools) comprise a far more nuanced matrix of interpretations than is often assumed to be the case.

Constitutionalism and Religion

Author: Francois Venter
Publisher: Edward Elgar Publishing
ISBN: 1785361627
Format: PDF, Docs
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This topical book examines how the goals of constitutionalism – good and fair government – are addressed at a time when the multi-religious composition of countries’ populations has never before been so pronounced. How should governments, courts and officials deal with this diversity? The widely accepted principle of treating others as you wish them to treat you and the universal recognition of human dignity speak against preferential treatment of any religion. Faced with severe challenges, this leads many authorities to seek refuge in secular neutrality. Set against the backdrop of globalized constitutionalism in a post-secular era, Francois Venter proposes engaged objectivity as an alternative to unachievable neutrality. Bringing together the history of church and state, the emergence of contemporary constitutionalism, constitutional comparison and the realities of globalization, this book offers a fresh perspective on the direction in which solutions to difficulties brought about by religious pluralism might be sought. Its wide-ranging comparative analyses and perspectives based on materials published in various languages provide a clear exposition of the range of religious issues with which the contemporary state is increasingly being confronted. Providing a compact but thorough historical and theoretical exposition, this book is an invaluable resource for students, constitutional scholars, judges and legal practitioners.

The Tragedy of Religious Freedom

Author: Marc O. DeGirolami
Publisher: Harvard University Press
ISBN: 0674074157
Format: PDF, ePub, Mobi
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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.

First Amendment Institutions

Author: Paul Horwitz
Publisher: Harvard University Press
ISBN: 0674070925
Format: PDF, Mobi
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Addressing a host of hot-button issues, Horwitz argues that rigidly doctrinal interpretation renders First Amendment law inept in the face of messy, real-world situations. Courts should let institutions with a stake in these freedoms do more work to enforce them. Self-regulation and public criticism should be the key restraints, not judicial fiat.

Law and Religious Pluralism in Canada

Author: Richard J. Moon
Publisher: UBC Press
ISBN: 0774858532
Format: PDF, Mobi
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Law and Religious Pluralism in Canada seeks to elucidate the complex and often uneasy relationship between law and religion in democracies committed both to equal citizenship and religious pluralism. Leading socio-legal scholars consider the role of religious values in public decision making, government support for religious practices, and the restriction and accommodation by government of minority religious practices. They examine such current issues as the legal recognition of sharia arbitration, the re-definition of civil marriage, and the accommodation of religious practice in the public sphere.

The Rise and Decline of American Religious Freedom

Author: Steven D. Smith
Publisher: Harvard University Press
ISBN: 0674730135
Format: PDF
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Familiar accounts of religious freedom in the United States often tell a story of visionary founders who broke from centuries-old patterns of Christendom to establish a political arrangement committed to secular and religiously neutral government. These novel commitments were supposedly embodied in the religion clauses of the First Amendment. But this story is largely a fairytale, Steven Smith says in this incisive examination of a much-mythologized subject. The American achievement was not a rejection of Christian commitments but a retrieval of classic Christian ideals of freedom of the church and of conscience. Smith maintains that the First Amendment was intended merely to preserve the political status quo in matters of religion. America's distinctive contribution was, rather, a commitment to open contestation between secularist and providentialist understandings of the nation which evolved over the nineteenth century. In the twentieth century, far from vindicating constitutional principles, as conventional wisdom suggests, the Supreme Court imposed secular neutrality, which effectively repudiated this commitment to open contestation. Instead of upholding what was distinctively American and constitutional, these decisions subverted it. The negative consequences are visible today in the incoherence of religion clause jurisprudence and the intense culture wars in American politics.

Vagrant Nation

Author: Risa Goluboff
Publisher: Oxford University Press
ISBN: 0199768447
Format: PDF, Kindle
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"In 1950s America, it was remarkably easy for police to arrest almost anyone for almost any reason. The criminal justice system-and especially the age-old law of vagrancy-played a key role not only in maintaining safety and order but also in enforcing conventional standards of morality and propriety. A person could be arrested for sporting a beard, making a speech, or working too little. Yet by the end of the 1960s, vagrancy laws were discredited and American society was fundamentally transformed. What happened? In Vagrant Nation, Risa Goluboff provides a truly groundbreaking account of this transformation. By reading the history of the 1960s through the lens of vagrancy laws, Goluboff shows how constitutional challenges to long-standing police practices were at the center of the multiple movements that made "the 1960s." Vagrancy laws were not just about poor people. They were so broad and flexible-criminalizing everything from immorality to wandering about-that they made it possible for the police to arrest anyone out of place in any way: Beats and hippies; Communists and Vietnam War protestors; racial minorities, civil rights activists, and interracial couples; prostitutes, single women, and gay men, lesbians, and other sexual minorities. As hundreds of these "vagrants" and their lawyers claimed that vagrancy laws were unconstitutional, the laws became a flashpoint for debates about radically different visions of order and freedom. In Goluboff's compelling portrayal, the legal campaign against vagrancy laws becomes a sweeping legal and social history of the 1960s. It touches on movements advocating everything from civil rights to peace to gay rights to welfare rights to cultural revolution. As Goluboff links the human stories of those arrested to the great controversies of the time, she makes coherent an era that often seems chaotic. She also powerfully demonstrates how ordinary people, with the help of lawyers and judges, can change the meaning of the Constitution. By 1972, the Supreme Court announced that vagrancy laws that had been a law enforcement staple for four hundred years were no longer constitutional. That decision, as well as the social movements and legal arguments that prompted it, has had major consequences for current debates about police power and constitutional rights. Clashes over everything from stop and frisk to homelessness to public protests echo the same tension between order and freedom that vagrancy cases tried to resolve. Since the early 1970s, courts, policymakers, activists, and ordinary citizens have had to contend with the massive legal vacuum left by vagrancy law's downfall. Battles over what, if anything, should replace vagrancy laws, like battles over the legacy of the sixties transformations themselves, are far from over"--