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Religion and Equality: Law in Conflict (ICLARS Series on Law and Religion)
by W. Cole Durham Jr. Donlu D ThayerThis volume presents an analysis of controversial events and issues shaping a rapidly changing international legal, political, and social landscape. Leading scholars and experts in law, religious studies and international relations, thoughtfully consider issues and tensions arising in contemporary debates over religion and equality in many parts of the world. The book is in two parts. The first section focuses on the anti-discrimination dimension of religious freedom norms, examining the developing law on equality and human rights and how it operates at international and national levels. The second section provides a series of case studies exploring the contemporary issue of same-sex marriage and how it affects religious groups and believers. This collection will be of interest to academics and scholars of law, religious studies, political science, and sociology, as well as policymakers and legal practitioners.
Religion and Genocide: Changing the Conversation
by Steven Leonard JacobsReligion and Genocide: Changing the Conversation is a cutting-edge introduction to the complex and controversial relationship between religion and genocide. This book aims to widen the reader’s understanding of religion and those who practice it, the nexus of religion and violence, and those who legitimate their violence by framing it in religious terms by looking at notions of holy wars, religious wars, and genocide and the practitioners of such. This book delves into our current thinking of ourselves as biological entities, our relationship to genocide, and the impact of geography (including climate change) and diseases on our humanity and our ability to commit genocide. Tying together all these seemingly disparate threads, this text concludes with the significant and still largely unanswered question: "Where do we go from here?". Highlighting the complex relationship between religion and genocide, this is an essential read for students and academics studying religion and violence, Judaism, Judaic studies, and holocaust and genocide studies. Religion and Genocide will also be of interest to researchers in related subjects such as history, politics, sociology, and anthropology.
Religion and Intersex: Perspectives from Science, Law, Culture, and Theology (Routledge New Critical Thinking in Religion, Theology and Biblical Studies)
by Stephanie A. BudweyThis book considers the situation of intersex people who have faced erasure in the areas of science, law, culture, and theology due to the assumption that all humans are either ‘female’ or ‘male.’ Centered in interviews conducted with German intersex Christians, this book argues that moving from a paradigm of sexual dimorphism to sexual polymorphism will help promote the full humanity and flourishing of intersex people by creating a world where intersex individuals are no longer coerced and/or forced to undergo non-consensual, medically unnecessary treatment, no longer experience human rights violations because of their lack of legal protection, no longer feel inhuman and Other due to epistemic injustice that stems from socio-cultural norms and stereotypes, are no longer told they are not made in God’s image as a result of a sexually dimorphic understanding of Genesis 1:27, and no longer feel excluded and invisible in worship services that do not recognize them. This combination of the practical and the spiritual allows for a reconsideration of the medical treatment and pastoral care that should be available to intersex people. This book will be helpful to those in the disciplines of science, law, culture, and theology, particularly those in gender and theological studies and those already in and studying for lay and ordained ministry.
Religion and Marriage Law: The Need for Reform
by Russell SandbergMarriage law in England and Wales is a historical relic which reflects a bygone age. Successive governments have made a series of progressive but ad hoc reforms, most notably the introduction of civil partnerships and same-sex marriage. However, this has resulted in a legal framework which is complex and controversial, especially in relation to religion. This book provides the first accessible guide to how contemporary marriage law interacts with religion and identifies pressure points in relation to non-religious organisations and unregistered religious marriages. It reveals the need for the consolidation, modernisation and reform of marriage law and sets out proposals for how the transformation of these laws can be achieved.
Religion and Social Criticism: Tradition, Method, and Values
by Bharat Ranganathan Caroline AnglimThis volume brings together emerging and established religious ethicists to investigate how those in the field carry forward the practice and tradition of social criticism and, at the same time, how social criticism informs the scholarly values of their field. Contributors reflect on the nature of the moral subject and the ethical weight of human dignity and consider the limits and possibilities of religious humanism in orienting the work of social criticism. They compare religious sources and forms of research in religious ethics to secular sources and the tradition of liberal social criticism. And they offer proposals for how religious ethics can help humanists navigate our complex and multicultural moral landscape and what this field reveals about the ultimate ends of humanistic scholarship.
Religion and State: The Muslim Approach to Politics
by L. BrownIf Westerners know a single Islamic term, it is likely to be jihad, the Arabic word for "holy war." The image of Islam as an inherently aggressive and xenophobic religion has long prevailed in the West and can at times appear to be substantiated by current events. L. Carl Brown challenges this conventional wisdom with a fascinating historical overview of the relationship between religious and political life in the Muslim world ranging from Islam's early centuries to the present day. Religion and State examines the commonplace notion—held by both radical Muslim ideologues and various Western observers alike—that in Islam there is no separation between religion and politics. By placing this assertion in a broad historical context, the book reveals both the continuities between premodern and modern Islamic political thought as well as the distinctive dimensions of modern Muslim experiences. Brown shows that both the modern-day fundamentalists and their critics have it wrong when they posit an eternally militant, unchanging Islam outside of history. "They are conflating theology and history. They are confusing the oughtand the is," he writes. As the historical record shows, mainstream Muslim political thought in premodern times tended toward political quietism.Brown maintains that we can better understand present-day politics among Muslims by accepting the reality of their historical diversity while at the same time seeking to identify what may be distinctive in Muslim thought and action. In order to illuminate the distinguishing characteristics of Islam in relation to politics, Brown compares this religion with its two Semitic sisters, Judaism and Christianity, drawing striking comparisons between Islam today and Christianity during the Reformation. With a wealth of evidence, he recreates a tradition of Islamic diversity every bit as rich as that of Judaism and Christianity.
Religion and the American Constitutional Experiment
by Joel A. Nichols John Witte Jr.This updated edition of Religion and the American Constitutional Experiment provides a comprehensive, multidisciplinary overview of the history, theory, law, and comparative analysis of American religious liberty from the earliest colonial period through the most recent Supreme Court cases. In accessible, jargon-free language, the authors present balanced discussions of controversial issues, including the funding of religious schools and charities and displaying religious symbols on government property. Three chapters new to this edition cover the free exercise of religion, religion and public life, and religious organizations and the law. In addition, the authors address seven new cases, and an expanded concluding chapter places the American experience in a global context by comparing contemporary American religious liberty law with international human rights standards.
Religion and the American Constitutional Experiment (3rd Edition)
by Joel A. Nichols John Witte Jr.This volume offers a novel reading of the American constitutional experiment in religious liberty. The First Amendment, John Witte argues, is a synthesis of both the theological convictions and the political calculations of the eighteenth-century American founders. The founders incorporated six interdependent principles into the First Amendment-liberty of conscience, freedom of exercise, equality of faiths, plurality of confessions, disestablishment of religion, and separation of church and state. Both the nuance and the balance of these six principles have often been lost on current interpreters of the First Amendment. Particularly the Supreme Court has tended to reduce the First Amendment to mechanical tests and metaphorical formulae that often replace, rather than guide, its analysis and application of these principles. First Amendment doctrine today has thus become notoriously confused, casuistic, and self-contradictory. Religion and the American Constitutional Experiment urges a return to the principled approach to religious rights, evident both in the American founding era and in the modern international human rights movement. Witte uses these principles to analyze the free exercise and establishment case law of the last two centuries. He then illustrates the virtues of his principled approach through analysis of the thorny contests over tax exemptions for religions, the role of religion in the public school, among others. This lucid and engaging volume serves both as a provocative primer for students and a pristine restatement for specialists in law, religion, history, politics, and American studies. Through a fresh reading of the sources and cases, and through the discovery and introduction of several new materials, the author reclaims the essential value, vigor, and vitality of our most cherished religious rights and liberties.
Religion and the Constitution, Volume 1: Free Exercise and Fairness
by Kent GreenawaltBalancing respect for religious conviction and the values of liberal democracy is a daunting challenge for judges and lawmakers, particularly when religious groups seek exemption from laws that govern others. Should members of religious sects be able to use peyote in worship? Should pacifists be forced to take part in military service when there is a draft, and should this depend on whether they are religious? How can the law address the refusal of parents to provide medical care to their children--or the refusal of doctors to perform abortions? Religion and the Constitution presents a new framework for addressing these and other controversial questions that involve competing demands of fairness, liberty, and constitutional validity. In the first of two major volumes on the intersection of constitutional and religious issues in the United States, Kent Greenawalt focuses on one of the Constitution's main clauses concerning religion: the Free Exercise Clause. Beginning with a brief account of the clause's origin and a short history of the Supreme Court's leading decisions about freedom of religion, he devotes a chapter to each of the main controversies encountered by judges and lawmakers. Sensitive to each case's context in judging whether special treatment of religious claims is justified, Greenawalt argues that the state's treatment of religion cannot be reduced to a single formula. Calling throughout for religion to be taken more seriously as a force for meaning in people's lives, Religion and the Constitution aims to accommodate the maximum expression of religious conviction that is consistent with a commitment to fairness and the public welfare.
Religion and the Constitution, Volume 2: Establishment and Fairness
by Kent GreenawaltBalancing respect for religious conviction and the values of liberal democracy is a daunting challenge for judges and lawmakers, particularly when religious groups seek exemption from laws that govern others. Should students in public schools be allowed to organize devotional Bible readings and prayers on school property? Does reciting "under God" in the Pledge of Allegiance establish a preferred religion? What does the Constitution have to say about displays of religious symbols and messages on public property? Religion and the Constitution presents a new framework for addressing these and other controversial questions that involve competing demands of fairness, liberty, and constitutional validity. In this second of two major volumes on the intersection of constitutional and religious issues in the United States, Kent Greenawalt focuses on the Constitution's Establishment Clause, which forbids government from favoring one religion over another, or religion over secularism. The author begins with a history of the clause, its underlying principles, and the Supreme Court's main decisions on establishment, and proceeds to consider specific controversies. Taking a contextual approach, Greenawalt argues that the state's treatment of religion cannot be reduced to a single formula. Calling throughout for acknowledgment of the way religion gives meaning to people's lives, Religion and the Constitution aims to accommodate the maximum expression of religious conviction that is consistent with a commitment to fairness and the public welfare.
Religion and the Law: of Church and State and the Supreme Court
by Elizabeth EddyThere are few issues as controversial as where to draw the line between church and state. The framers of the Constitution's Bill of Rights began their blueprint for freedom by drawing exactly such a line. Th e fi rst clauses of the First Amendment provide: "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof." Th e justices of the Supreme Court have not been wanting for advice from self-appointed guardians. Th e diffi culty with such advice is that the contestants are more convincing when they criticize their opponents' interpretations than when they seek to establish the validity of their own.
Religion and the Technological Future: An Introduction to Biohacking, Artificial Intelligence, and Transhumanism
by Calvin Mercer Tracy J. TrothenWe live in an age of rapid technological advancement. Never before has humankind wielded so much power over our own biology. Biohacking, the attempt at human enhancement of physical, cognitive, affective, moral, and spiritual traits, has become a global phenomenon. This textbook introduces religious and ethical implications of biohacking, artificial intelligence, and other technological changes, offering perspectives from monotheistic and karmic religions and applied ethics. These technological breakthroughs are transforming our societies and ourselves fundamentally via genetic modification, tissue engineering, artificial intelligence, robotics, the merging of computer technology with human biology, extended reality, brain stimulation, and nanotechnology. The book also considers the extreme possibilities of mind uploading, cryonics, and superintelligence. Chapters explore some of the political, economic, sociological, and psychological dimensions of these advances, with bibliographies for further study and questions for discussion. The technological future is here – and it is up to us to decide its moral and religious shape.
Religion and Violence in Western Traditions: Selected Studies (Routledge Studies in Religion)
by André GagnéThis book examines the connection between religion and violence in the Western traditions of the three Abrahamic faiths, from ancient to modern times. It addresses a gap in the scholarly debate on the nature of religious violence by bringing scholars that specialize in pre-modern religions and scriptural traditions into the same sphere of discussion as those specializing in contemporary manifestations of religious violence. Moving beyond the question of the “authenticity” of religious violence, this book brings together scholars from a variety of disciplines. Contributors explore the central role that religious texts have played in encouraging, as well as confronting, violence. The interdisciplinary conversation that takes place challenges assumptions that religious violence is a modern problem that can be fully understood without reference to religious scriptures, beliefs, or history. Each chapter focuses its analysis on a particular case study from a distinct historical period. Taken as a whole, these chapters attest to the persistent relationship between religion and violence that links the ancient and contemporary worlds. This is a dynamic collection of explorations into how religion and violence intersect. As such, it will be a key resource for any scholar of Religious Studies, Theology and Religion and Violence, as well as Christian, Jewish, and Islamic Studies.
Religion as Empowerment: Global legal perspectives (ICLARS Series on Law and Religion)
by Kyriaki Topidi Lauren FielderThis volume shows how and why legal empowerment is important for those exercising their religious rights under various jurisdictions, in conditions of legal pluralism. At the same time, it also questions the thesis that as societies become more modern, they also become less religious. The authors look beyond the rule of law orthodoxy in their consideration of the freedom of religion as a human right and place this discussion in a more plurality-sensitive context. The book sheds more light on the informal and/or customary mechanisms that explain the limited impact of law on individuals and groups, especially in non-Western societies. The focus is on discussing how religion and the exercise of religious rights may or may not empower individuals and social groups and improve access to human rights in general. This book is important reading for academics and practitioners of law and religion, religious rights, religious diversity and cultural difference, as well as NGOs, policy makers, lawyers and advocates at multicultural jurisdictions. It offers a contemporary take on comparative legal studies, with a distinct focus on religion as an identity marker.
Religion, Crime and Punishment
by Russil Durrant Zoe PoppelwellThis book provides a critical discussion of the way in which religion influences: criminal and antisocial behaviour, punishment and the law, intergroup conflict and peace-making, and the rehabilitation of offenders. The authors argue that in order to understand how religion is related to each of these domains it is essential to recognise the evolutionary origins of religion as well as how genetic and cultural evolutionary processes have shaped its essential characteristics. Durrant and Poppelwell posit that the capacity of religion to bind individuals into socially cohesive 'moral communities' can help us to understand its complex relationship with cooperation, crime, punishment, inter-group conflict and forgiveness. An original and innovative study, this book will be of special interest to criminologists and other social scientists interested in the role of religion in crime, punishment, intergroup conflict and law.
Religion, Feminism, and Idoloclasm: Being and Becoming in the Women's Liberation Movement (Gender, Theology and Spirituality)
by Melissa RaphaelReligion, Feminism, and Idoloclasm identifies religious and secular feminism’s common critical moment as that of idol-breaking. It reads the women’s liberation movement as founded upon a philosophically and emotionally risky attempt to liberate women’s consciousness from a three-fold cognitive captivity to the self-idolizing god called ‘Man’; the ‘God’ who is a projection of his power, and the idol of the feminine called ‘Woman’ that the god-called-God created for ‘Man’. Examining a period of feminist theory, theology, and culture from about 1965 to 2010, this book shows that secular, as well as Christian, Jewish, and post-Christian feminists drew on ancient and modern tropes of redemption from slavery to idols or false ideas as a means of overcoming the alienation of women’s being from their own becoming. With an understanding of feminist theology as a pivotal contribution to the feminist criticism of culture, this original book also examines idoloclasm in feminist visual art, literature, direct action, and theory, not least that of the sexual politics of romantic love, the diet and beauty industry, sex robots, and other phenomena whose idolization of women reduces them to figures of the feminine same, experienced as a de-realization or death of the self. This book demonstrates that secular and religious feminist critical engagements with the modern trauma of dehumanization were far more closely related than is often supposed. As such, it will be vital reading for scholars in theology, religious studies, gender studies, visual studies, and philosophy.
Religion, Food, and Eating in North America (Arts and Traditions of the Table: Perspectives on Culinary History)
by Benjamin E. Zeller Marie W. Dallam Reid L. Neilson Nora L. RubelThe way in which religious people eat reflects not only their understanding of food and religious practice but also their conception of society and their place within it. This anthology considers theological foodways, identity foodways, negotiated foodways, and activist foodways in the United States, Canada, and the Caribbean. Original essays explore the role of food and eating in defining theologies and belief structures, creating personal and collective identities, establishing and challenging boundaries and borders, and helping to negotiate issues of community, religion, race, and nationality.Contributors consider food practices and beliefs among Christians, Jews, Muslims, and Buddhists, as well as members of new religious movements, Afro-Caribbean religions, interfaith families, and individuals who consider food itself a religion. They traverse a range of geographic regions, from the Southern Appalachian Mountains to North America's urban centers, and span historical periods from the colonial era to the present. These essays contain a variety of methodological and theoretical perspectives, emphasizing the embeddedness of food and eating practices within specific religions and the embeddedness of religion within society and culture. The volume makes an excellent resource for scholars hoping to add greater depth to their research and for instructors seeking a thematically rich, vivid, and relevant tool for the classroom.
Religion, Human Rights, and the Workplace: Judicial Balancing in the United States Federal Courts and the European Court of Human Rights (ICLARS Series on Law and Religion)
by Gregory MoseReligious freedom is a fundamental and relatively uncontested right in both the United States and Europe. But other values like equality, justice, and the right to a private life are just as precious. Managing such conflicts has become a highly contested and politicized area of law and nowhere are such conflicts more evident – or more challenging – than those arising in the workplace. By comparing United States Federal Courts’ approach to free exercise in the workplace with that of the European Court of Human Rights, this book explores two very different methodologies for adjudicating rights conflicts. In examining methods and results, case by case, issue by issue and addressing each step of the analytical processes taken by judges, it becomes apparent that the United States has lost its way in the quest for equality and justice. It is argued here that while the European approach has its own flaws, its proportionality approach may offer vital lessons for United States practice. The book will make compelling reading for researchers, academics, and policy-makers working in the areas of law and religion, human rights law, constitutional law, and comparative law.
Religion in Gender-Based Violence, Immigration, and Human Rights (Routledge Studies in Religion)
by Mary Nyangweso Jacob K. OluponaThis book builds on work that examines the interactions between immigration and gender-based violence, to explore how both the justification and condemnation of violence in the name of religion further complicates our societal relationships. Violence has been described as a universal challenge that is rooted in the social formation process. As humans seek to exert power on the other, conflict occurs. Gender based violence, immigration, and religious values have often intersected where patriarchy-based power is exerted on the other. An international panel of contributors take a multidisciplinary approach to investigating three central themes. Firstly, the intersection between religion, immigration, domestic violence, and human rights. Secondly, the possibility of collaboration between various social units for the protection of immigrants’ human rights. Finally, the need to integrate faith-based initiatives and religious leaders into efforts to transform attitude formation and general social behavior. This is a wide-ranging and multi-layered examination of the role of religion in gender-based violence and immigration. As such, it will be of keen interest to academics working in religious studies, gender studies, politics, and ethics.
Religion in the Public Space: Volume III (The Library of Essays on Law and Religion)
by Silvio Ferrari and Rinaldo CristoforiReligion in the public sphere is one of the most debated issues in the field of law and religion. This volume brings together articles which address some of the more prominent recent cases relating to religion and education, religion and the workplace, family law and religious symbols. The essays discuss the meaning of secularism today and the difficult issue of religion in the public sphere and reflect a wide variety of viewpoints. This volume maps the key elements of this multi-faceted problem, offers essential material and provides an important starting point for an understanding of the issues in this century old debate.
Religion in the Public Sphere
by Solange Lefebvre Lori G. BeamanThe place of religion in the public realm is the subject of frequent and lively debate in the media, among academics and policymakers, and within communities. With this edited collection, Solange Lefebvre and Lori G. Beaman bring together a series of case studies of religious groups and practices from all across Canada that re-examine and question the classic distinction between the public and private spheres.Religion in the Public Sphere explores the public image of religious groups, legal issues relating to "reasonable accommodations," and the role of religion in public services and institutions like health care and education. Offering a wide range of contributions from religious studies, political science, theology, and law, Religion in the Public Sphere presents emerging new models to explain contemporary relations between religion, civil society, the private sector, family, and the state.
Religion, Law and Society
by Russell SandbergIssues concerning religion in the public sphere are rarely far from the headlines. As a result, scholars have paid increasing attention to religion. These scholars, however, have generally stayed within the confines of their own respective disciplines. To date there has been little contact between lawyers and sociologists. Religion, Law and Society explores whether, how and why law and religion should interact with the sociology of religion. It examines sociological and legal materials concerning religion in order to find out what lawyers and sociologists can learn from each other. A groundbreaking, provocative and thought-provoking book, it is essential reading for lawyers, sociologists and all who are interested in the relationship between religion, law and society in the twenty-first century.
Religion, Law and the Constitution: Balancing Beliefs in Britain (Law and Religion)
by Javier García Oliva Helen HallThis book examines the existing constitutional and legal system in England, Wales and Scotland, through the prism of its treatment of religion and belief. The study encompasses questions of Church/state relations, but pushes far beyond these. It asks whether the approach to religion which has spread out from establishment to permeate the whole legal framework is a cause of concern or celebration in relation to individual and collective freedoms. The primary focus of the work is the synergy between the religious dimension of the juridical system and the fundamental pillars of the Constitution (parliamentary sovereignty, the rule of law, separation of powers and human rights). Javier García Oliva and Helen Hall challenge the view that separation between public and religious authorities is the most conducive means of nurturing a free and democratic society in modern Britain. The authors explore whether, counter-intuitively for some, the religious dynamic to the legal system actually operates to safeguard liberties, and has a role in generating an inclusive and adaptable backdrop for our collective life. They suggest that the present paradigm brings benefits for citizens of all shades of religious belief and opinion (including Atheist and Humanist perspectives), as well as secondary advantages for those with profound beliefs on non-religious matters, such as pacifism and veganism. In support of their contentions, García Oliva and Hall examine how the religious dimension of the legal framework operates to further essential constitutional principles in diverse settings, ranging from criminal to family law. In a groundbreaking move, the authors also set the legal discussion alongside its social and cultural context. They consider how the theological perspectives of the larger faith traditions might influence members’ ideas around the key constitutional precepts, and they include extracts from interviews which give the personal perspective of more than 100 individuals on contemporary issues of law and religious freedom. These voices are drawn from a range of fields and positions on faith. While the authors are at pains to stress that these sections do not support or advance their legal or theological conclusions, they do provide readers with a human backdrop to the discussion, and demonstrate its crucial importance in twenty-first century Britain.
Religion, Law and the Politics of Ethical Diversity: Conscientious Objection and Contestation of Civil Norms (Routledge Studies in Religion and Politics)
by Claude Proeschel, David Koussens and Francesco PirainoThis book provides a multidisciplinary and comparative look at the contemporary phenomenon of conscientious objection or contestation in the name of religion and examines the key issues that emerge in terms of citizenship and democracy. These are analysed by looking at the different ways of challenging or contesting a legal obligation on the grounds of religious beliefs and convictions.The authors focus on the meaning of conscientious objection which asserts the legitimacy of convictions – in particular religious convictions – in determining the personal or collective relevance of the law and of public action. The book begins by examining the main theoretical issues underlying conscientious objection, exploring the implications of the protection of freedom of conscience, the place of religion in the secular public sphere and the recognition and respect of ethical pluralism in society. It then focuses on the question of exemptions and contestations of civil norms, using a multidisciplinary approach to highlight the multiple and diverse issues surrounding them, as well as the motives behind them. This book will be of great interest to scholars, specialists and graduate and advanced undergraduate students who are interested in issues of religious diversity. Researchers and policymakers in think-tanks, NGOs and government units will find the volume useful in identifying key issues in understanding the phenomenon of conscientious objection and its implications in managing ethical diversity in contemporary societies.
Religion, Law and Tradition: Comparative Studies in Religious Law
by Andrew HuxleyThis book brings together two scholarly traditions: experts in Roman, Jewish and Islamic law, an area where scholars tend to be familiar with work in each area, and experts in the legal traditions of South and East Asia, which have tended to be less interdisciplinary. The resulting mix produces new ways of looking at comparative law and legal history from a global perspective, and these essays contribute both to our understanding of comparative religion as well as comparative law.