宗教の自由の変容 Transforming Religious Liberties : A New Theory of Religious Rights for National and International Legal Systems

Strong, S. I.

Cambridge University Press（2017/10発売）

• 製本 Hardcover:ハードカバー版／ページ数 374 p.
• 言語 ENG
• 商品コード 9781107179332
• DDC分類 342.0852

Full Description

Religious liberties are at the centre of many debates on how liberal democratic societies can accommodate diversity. This book considers the interaction between law and religion from a broad international, comparative and jurisprudential perspective and proposes a new theoretical approach to religious liberty that both transcends and transforms current approaches to religious rights. Not only does the discussion draw on the work of a range of legal and political philosophers including John Rawls, Ronald Dworkin and John Finnis, it also tests the validity of the various proposals against actual 'hard cases' derived from multiple jurisdictions. In so doing, the analysis overcomes longstanding challenges to existing religious rights regimes and identifies a new theoretical paradigm that specifically addresses the challenges associated with religiously pluralist societies. Through this type of interdisciplinary analysis, the book identifies a religio-legal system that both religious and non-religious people can support.

Contents

1. Introduction; 2. Current approaches to religious rights; 3. The religiously orientated original position: presumptions and framework; 4. Purely self-regarding practices: religious acts with no effect on others or society; 5. Complex self-regarding practices: religious acts with an effect on others or society; 6. False other-regarding practices: religious directions to non-religious persons with no effect on others or society; 7. True other-regarding practices: religious directions to non-religious persons with an effect on others or society; 8. Conclusion.