Full Description
Offering an interdisciplinary, international and philosophical perspective, this comprehensive Research Handbook explores both perennial and recent legal issues that concern the modern state and its interaction with religious communities and individuals.
Providing in-depth, original analysis the book includes studies of a wide array of nation states, such as India and Turkey, which each have their own complex issues centred on law, religion and the interactions between the two. Longstanding issues of religious liberty are explored such as the right of conscientious objection, religious confession privilege and the wearing of religious apparel. The contested meanings of the secular state and religious neutrality are revisited from different perspectives and the reality of the international human rights protections for religious freedom are analysed.
Timely and astute, this discerning Research Handbook will be a valuable resource for both academics and researchers interested in the many topics surrounding law and religion. Lawyers and practitioners will also appreciate the clarity with which the rights of religious liberty, and the challenges in making these compatible with state law, are presented.
Contributors include: R. Ahdar, F. Ahmed, R. Albert, R. Barker, B.L. Berger, J.E. Buckingham, J. Burnside, P. Dane, J. Harrison, M.A. Helfand, M. Hill, M. Kiviorg, A. Koppelman, I. Leigh, J. Neo, Y. Rosnai, R. Sandberg, S.D. Smith, P.M. Taylor, H.-M. ten Napel, K. Thompson, F. Venter
Contents
Contents:
Foreword
John Witte, Jr
Part I Law and Religion
1. Navigating Law and Religion: Familiar Waterways, Rivers Less Travelled and Uncharted Seas
Rex Ahdar
2. The Sociological Dimension of Law and Religion
Russell Sandberg
Part II Jurisprudential Themes
3. Equality, Religion, and Nihilism
Steve D Smith
4. Jeremy Bentham and the Problem of the Authority of Biblical Law
Jonathan Burnside
5. Dworkin's Religion and the End of Religious Liberty
Joel Harrison
6. What Kind of Human Right is Religious Liberty?
Andrew Koppelman
Part III Religion-State Relations
7. Establishment and Encounter
Perry Dane
8. Religion, Secularism and Limitations on Constitutional Amendment
Richard Albert and Yaniv Roznai
9. Regulation of Religious Communities in a Multicultural Polity
Jaclyn L Neo
10. Liberal Constitutionalism and the Unsettling of the Secular
Benjamin L Berger
11. The Boundaries of Faith-Based Organizations in Europe
Hans-Martien ten Napel
12. Enforcing Religious Law
Farrah Ahmed
Part IV Adjudicating Religion
13. When Judges are Theologians: Adjudicating Religious Questions
Michael A. Helfand
14. The Justiciability and Adjudication of Religious Disputes
Francois Venter
Part V International Perspectives
15. Controversial Doctrine: The Relevance of Religious Content in the Supervisory Role of International Human Rights Bodies
Paul M Taylor
16. Dangers of the Changing Narrative of Human Rights: Why Democracy and Security Need Religious Freedom
Merilin Kiviorg
Part VI Freedom of Religion Issues
17. Freedom of Religion and the Rise of Secularism: Struggles in the British Workplace
Mark Hill QC
18. The Legal Recognition of Freedom of Conscience as Conscientious Objection: Familiar Problems and New Lessons
Ian Leigh
19. Of Burqas (and Niqabs) in Courtrooms: The Neglected Women's Voice
Renae Barker
20. Trinity Western University's Law School: Reconciling Rights
Janet Epp Buckingham
21. The Persistence of Religious Confession Privilege
A Keith Thompson
Bibliography
Index
