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Full Description
The Legal Foundations of Religious Freedom documents the essential interdependence of human rights and religious freedom in the West, from antiquity to the present.
In The Legal Foundations of Religious Freedom, authors John Witte Jr. and Andrea Pin explore the Christian and secular origins of rights in the Western legal tradition and the complex interplay between human rights and religious freedom norms in modern law, religion, and culture. They analyze historical documents and recent cases from the United States Supreme Court, the European Court of Human Rights, and the Court of Justice of the European Union to articulate the historical, theoretical, and legal tension of human rights and religious freedom on both sides of the Atlantic. The authors contrast the serious threats to new religious minorities and traditional religious accommodations with firm new protections of religious freedoms in both Europe and America.
Ultimately calling for robust protection of the fundamental rights and liberties of all people and faiths, Witte and Pin caution that religious freedom and other human rights claims can only do so much to bridge the widening cultural divides over law and religion in modern Western societies. It is our responsibility to embrace the fundamental goods of dignity, fraternity, and justice.
Contents
Introduction
Part 1. Human Rights and Religious Freedom in the Western Legal Tradition
1. Introduction
2. The Development of Human Rights
3. Human Rights in Early Modern Europe
4. The Development of Religious Freedom
5. Religious Freedom in the International Human Rights Framework
6. Conclusions
Part 2. Religious Freedom in the Contemporary West
7. Introduction
8. Religious Freedom in the Supreme Court of the United States
9. Religious Freedom and Human Rights in Europe
10. Religious Freedom Cases in the European Court of Human Rights
11. Religious Freedom in the Court of Justice of the European Union
12. Comparing Religious Freedom in the American and European Courts
13. The Myth of Religious Neutrality in the West
14. Islam in the West
15. Conclusions
Part 3. The Future of Human Rights and Religious Freedom
16. Introduction
17. Critics of Human Rights. Doubting the Skeptics
18. Critics of Religious Freedom
19. Conflict, Disagreement and Reconciliation
20. Human Dignity as the Foundation of Human Rights and Religious Freedom
21. Conclusions
