In an age of intolerance where religious persecution is widespread, Barbara Ann Rieffer-Flanagan explores how societies can promote freedom of religion or belief as a fundamental right of citizens Examining the extent of religious persecution throughout the world, this cutting-edge book explores mechanisms to address religious intolerance and develop religious freedom, outlining the necessary factors to measure progress on the protection of this fundamental human right. Chapters explore how freedom of religion or belief can be institutionalized in dispositions, laws, and policies through efforts which limit negative depictions of the religious (or non-religious) Other in public discourse. Rieffer-Flanagan demonstrates how reforms that enhance the ability of civil society actors to operate can also promote freedom of religion or belief, and how states and IGOs can support these efforts. Ultimately, this innovative book proves that reforms must be continually nurtured for freedom of religion or belief to exist in society. With interview-based research and a diverse range of regional case studies, this will be a vital resource for students and scholars of philosophy, religion, human rights law and political science. Considering the role of leaders in the promotion of religious tolerance, the book will also prove invaluable to policymakers concerned with human rights and freedom of religion or belief.

Constitutions and Religion is the first major reference work in the emerging field of comparative constitutional law and religion. It offers a nuanced array of perspectives on various models for the treatment of religion in domestic and supranational legal orders. Arranged into five main sections, the Research Handbook addresses a range of topics through the lens of comparative constitutional law, including history, concepts and theories; models of managing religion; the politics of religion; supranational constitutionalism and challenges and controversies. The contributors take an interdisciplinary approach to survey historical, legal, political and philosophical views of the contemporary multifaceted treatment of religion within the constitutional order. Chapters explore in depth the interplay between domestic, European and international law, the interaction of the traditions of the major religions with the constitutional ordering of religion and the state, as well as the key challenges brought about by the repoliticizisation of religion. This innovative Research Handbook will be a definitive resource for academics and students interested in religious studies, international and European Union law, international relations, comparative constitutionalism, history, legal and political theory, and sociology.

In the summer of 2006, the author received a message that read, Love the Nazis, and KILL THE JEWS DEAD. And that was the trigger that launched internationally known scholar Falk into work on this book. Anti-Semitism has once again become a worldwide phenomenon, growing largely during the last decade of the 20th century and the early years of the 21st. Among the spurs for this are the migration of Muslim populations and the ongoing Israeli-Arab wars. In this far-reaching and comprehensive volume, Falk delves deeply into the current events, history, and literature on anti-Semitism, integrating insights from psychology, sociology, anthropology, psychoanalysis, and political science. The result is an absorbing exploration of one of the oldest scourges of humanity, spotlighting the irrational and unconscious causes of anti-Semitism. In the summer of 2006, the author received a message that read, Love the Nazis, and KILL THE JEWS DEAD. And that was the trigger that launched internationally known scholar Avner Falk into work on this book. Anti-Semitism has once again become a worldwide phenomenon, growing largely during the last decade of the twentieth century and the early years of the twenty-first. Among the spurs for this are migration of Muslim populations and the ongoing Israeli-Arab wars. In this far-reaching and comprehensive volume, Falk delves deeply into the current events, history and literature on anti-Semitism, integrating insights from psychology, sociology, anthropology, psychoanalysis, and political science. The result is an absorbing exploration of one of the oldest scourges of humanity, spotlighting the irrational and unconscious causes of anti-Semitism. This book also features chapters on the psychodynamics of racism, fascism, Nazism, and the dark, tragic, and unconscious processes, both individual and collective, that led to the Shoah. Holocaust denial and its psychological motives, as well as insights into the physical and psychological survival strategies of Holocaust survivors, are explored in depth. There are also chapters on scientific anti-Semitism including eugenics.

Throughout American history, legal battles concerning the First Amendment's protection of religious liberty have been among the most contentious issue of the rights guaranteed by the United States Constitution. Religious Liberty and the American Supreme Court: The Essential Cases and Documents represents the most authoritative and up-to-date overview of the landmark cases that have defined religious freedom in America. Noted religious liberty expert Vincent Philip Munoz (Notre Dame) provides carefully edited excerpts from over fifty of the most important Supreme Court religious liberty cases. In addition, Munoz's substantive introduction offers an overview on the constitutional history of religious liberty in America. Introductory headnotes to each case provides the constitutional and historical context. Religious Liberty and the American Constitution will be an indispensable resource for anyone interested matters of religious freedom from the Republics earliest days to current debates.

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Read the Introduction.

"Choice Magazine" Outstanding Academic Titles 2005 Winner

"[William's] theory is elegant in its explication and provocative in its implications for government restrictions on speech ranging from the hateful, the symbolic, the politically subversive, and the costly. A must read."--"Choice," A 2005 "Choice" Outstanding Academic Title

"Meticulously argued and clearly organized, her account of free speech is both fundamentally feminist and optimistic."--"The Law and Politics Book Review"

"What emerges from this well-written work of careful scholarship is an important contribution to free speech literature."
--Frederick Schauer, John F. Kennedy School of Government, Harvard University

Amidst the vast array of literature on the First Amendment, it is rare to hear a fresh voice speak about the First Amendment, but in Truth, Autonomy, and Speech, Susan H. Williams presents a strikingly original interpretation and defense of the First Amendment, written from a feminist perspective. Drawing on work from several disciplines--including law, political theory, philosophy, and anthropology--the book develops alternative accounts of truth and autonomy as the foundations for freedom of expression. Building on feminist understandings of self and the social world, Williams argues that both truth and autonomy are fundamentally relational.

With great clarity and insight, Williams demonstrates that speech is the means by which we create rather than discover truth and the primary mechanism through which we tell the stories that constitute our autonomy. She examines several controversial issues in the law of free speech--includingcampaign finance reform, the public forum doctrine, and symbolic speech--and concludes that the legal doctrine through which we interpret and apply the First Amendment should be organized to protect speech that serves the purposes of truth and autonomy.

Islam in Europe delves into the daily routines of European Muslim communities in order to provide a better understanding of what it means to be a European Muslim today. Instead of positing particular definitions of being Muslim, this volume invites and encourages a diverse body of 735 informants from Belgium, France, Germany, the Netherlands and the UK to reflect on who they are and on the meaning and place Islam has in such considerations. Drawing upon extensive fieldwork and suggesting novel ways of seeing the phenomenon of European Islam and the continent's Muslim communities, Islam in Europe examines how through their practices, discourses, face to face and mediated interaction, European Muslims construct notions or identity, agency, solidarity and belonging, or how they negotiate and redefine religion, tradition, authority and cultural authenticity. Theoretically and methodologically innovative, Islam in Europe makes a significant contribution to better understanding European Islam and Europe's Muslims.

This book is a unique collection of alternative Muslim voices, predominantly from Europe, who come from a variety backgrounds--academia, theology, acting, activism--and who make a transformational contribution to the debate of the future of Islam and Muslims in the West. They are a selection, representing the silent majority voices many in the West so desperately want to hear.Contributors are based in a variety of European and American cities, mainly in areas where there are large number of Muslim immigrant populations. Some discuss theological issues, while others talk about their personal struggles of being a Muslim in a non-Muslim setting and hearing conflicting messages about how one is supposed to behave as a "true Muslim." They come from different ethnicities and different social and academic backgrounds.

Click here to see a video interview with Emelio Betances. Click here to access the tables referenced in the book. Since the 1960s, the Catholic Church has acted as a mediator during social and political change in many Latin American countries, especially the Dominican Republic, Bolivia, Guatemala, Nicaragua, and El Salvador. Although the Catholic clergy was called in during political crises in all five countries, the situation in the Dominican Republic was especially notable because the Church's role as mediator was eventually institutionalized. Because the Dominican state was persistently weak, the Church was able to secure the support of the Balaguer regime (1966–1978) and ensure social and political cohesion and stability. Emelio Betances analyzes the particular circumstances that allowed the Church in the Dominican Republic to accommodate the political and social establishment; the Church offered non-partisan political mediation, rebuilt its ties with the lower echelons of society, and responded to the challenges of the evangelical movement. The author's historical examination of church-state relations in the Dominican Republic leads to important regional comparisons that broaden our understanding of the Catholic Church in the whole of Latin America.

In the landmark case City of Boerne v. Flores, the Supreme Court struck down a major federal statute - the Religious Freedom Restoration Act of 1993. This decision raised questions not only about religious freedom in America, but also about federalism and separation of powers. Using the narrative framework of a tense dispute that divided a small Texas town, Waltman offers the first book-length analysis of the constitutional jurisprudence involved in the passage of the act. Congress, the Supreme Court, and Religious Liberty shows how this case and others like it stimulated and advanced an intense legal debate still ongoing today: Can and should the Supreme Court be the exclusive interpreter of the Constitution?

The transformation of the Turkish state is examined here in the context of globalized frames of neo-liberal capitalism and contemporary schemas of Islamic politics. It shows how the historical emergence of two distinct yet intertwined imaginaries of state structuring, "laiklik" and Islam, continues to influence Turkish politics today.

This book examines matters of religious freedom in Europe, considers the work of the European Court of Human Rights in this area, explores issues of multiculturalism and secularism in France, of women in Islam, and of Muslims in the West. The work presents legal analysis and ethnographic fieldwork, focusing on concepts such as laicite, submission, equality and the role of the state in public education, amongst others. Through this book, the reader can visit inside a French public school located in a low-income neighborhood just south of Paris and learn about the complex dynamics that led up to the passing of the 2004 law banning Muslim headscarves. The chapters bring to light the actors and cultures within the school that set the stage for the passing of the law and the political philosophy that supports it. School culture and philosophy are compared and contrasted to the thoughts and opinions of the teachers, administrators and students to gage how religious freedom and identity are understood. The book goes on to explore the issue of religious freedom at the European Court of Human Rights. The author argues that the right to religious freedom has been too narrowly understood and is being fenced in by static visions of Islam. This jeopardizes the idea of religious freedom more broadly. By becoming entangled with regional and domestic politics, the Court is neglecting important nuances and is jeopardizing secularism, pluralism and democracy. This is a highly readable and accessible book that will appeal to students and scholars of law, anthropology, religious studies and philosophy of religion. 2004

Although human rights belong to all persons on the basis of their humanity, this book demonstrates that in the practice of international human rights law, the freedom to be non-religious or atheist does not receive the same protection as the freedom to be religious. Despite the claimed universality of freedom of religion and belief contained in article 18 of the International Covenant on Civil and Political Rights, the key assertion made is that there is a hierarchy of religion and belief, with followers of major established religions enjoying high protection and low regulation at the top, and atheists and non-believers enduring high persecution and weaker protection at the bottom. The existence of this hierarchy is proven and critiqued through three case study chapters that respectively explore the extent to which non-religious and atheist rights-holders enjoy freedom from proselytism, freedom from hate and freedom from the religions of their parents.

The collapse of socialist regimes across Southeastern Europe changed the rules of the political game and led to the transformation of these societies. The status of women was immediately affected. The contributors to this volume contrast the status of women in the post-socialist societies of the region with their status under socialism.

From the murderous reaction to the publication in a French satirical magazine of 'blasphemous' cartoons, to wrangles over the wearing of religious dress and symbols in schools and workplaces, the interaction between law and religion is rarely far from the headlines. Indeed, the editors of this Routledge collection argue that, since the events of 11 September 2001, the short- and long-term implications of multiculturalism, religious resurgence, and extremism have dominated public life both globally and domestically. Consequently, they say, the legal framework concerning the regulation of religion has changed dramatically over the last decade or so. There have been numerous developments at the global, regional, state, and sub-state level, and these changes have been accompanied by an unprecedented number of high-profile cases affecting religious individuals and groups. Now, this new collection from Routledge's Critical Concepts in Law series, edited by two prolific authors based at the world-leading Centre for Law and Religion at Cardiff University, meets the need for an authoritative reference work to help researchers and students navigate and make better sense of an abundance of scholarship. With a full index, and thoughtful introductions, newly written by the learned editors, Law and Religion traces the field's development and highlights the challenges for future explorations. The collection will be valued by legal and religious scholars as a vital and enduring resource.

The question of to what extent, manifestations of religious beliefs should be permitted in the European public sphere has become a salient and controversial topic in recent years. Despite the increasing interest however, debates have rarely questioned the conventional wisdom that an increase in the range of security measures employed by a government inevitably leads to a decrease in the human rights enjoyed by individuals.

This book analyses the relationship between state security regime changes and the right to religious freedom in the EU. It presents a comparative analysis of the impact these regime changes have had on the politics, policies and protections of religious freedom across the EU member states in the post-2001 environment. The book provides a timely investigation into the role of national legislation, the European Court of Human Rights, and societal trends in the protection of religious freedom, and in so doing demonstrates why the relationship between state security and religious freedom is one of the most socially significant challenges facing policymakers and jurists in Europe at the present time.

Using the metaphor of 'constitutional space', this thought-provoking book describes the confluence and convergence of powers in a constitutional system, comprised of the principled exercise of the legislative, executive and judicial powers of constitutional government. The book asserts that when governance is guided by principle, convergence creates greater space for all human rights and fundamental freedoms; both community and individuals thrive. Conversely when any right or freedom is given precedence over any other for reasons of political expediency, this results in the loss or diminution of human rights and fundamental freedoms. Addressing the issues surrounding the freedom of religion or belief, this timely book explores the dimensions of constitutional space and the content of this freedom, as well as comparative approaches to defining and protecting this freedom. Freedom of Religion or Belief will be a key resource for academics working in the fields of law and religion, law and society and human rights law. It will also appeal to practitioners and policy-makers working on the issue of religious freedom. Contributors include: P.T. Babie, R. Barker, A.P. Bhanu, A. Deagon, C. Evans, J. Forrester, N. Foster, M. Fowler, J. Harrison, M. Hill, J. Neoh, E.U. Ochab, J. Patrick, C. Read, N.G. Rochow, V.-I. Savic, B.G. Scharffs, P. Taylor, P. Xiong

Read Chapter One.

Frederick Douglass and George Fitzhugh disagreed on virtually every major issue of the day. On slavery, women's rights, and the preservation of the Union their opinions were diametrically opposed. Where Douglass thundered against the evils of slavery, Fitzhugh counted its many alleged blessings in ways that would make modern readers cringe. What then could the leading abolitionist of the day and the most prominent southern proslavery intellectual possibly have in common? According to David F. Ericson, the answer is as surprising as it is simple; liberalism.

In The Debate Over Slavery David F. Ericson makes the controversial argument that despite their many ostensible differences, most Northern abolitionists and Southern defenders of slavery shared many common commitments: to liberal principles; to the nation; to the nation's special mission in history; and to secular progress. He analyzes, side-by-side, pro and antislavery thinkers such as Lydia Marie Child, Frederick Douglass, Wendell Phillips, Thomas R. Dew, and James Fitzhugh to demonstrate the links between their very different ideas and to show how, operating from liberal principles, they came to such radically different conclusions. His raises disturbing questions about liberalism that historians, philosophers, and political scientists cannot afford to ignore.

Religious discrimination is the norm in many countries around the world, and the rate is rising. Nearly every country which discriminates does so unequally, singling out some religious minorities for more discrimination than others. Religious tradition does not explain this complex issue. For example, Muslim majority states include both the most discriminatory and tolerant states in the world, as is also the case with Christian majority states. Religious ideologies, nationalism, regime, culture, security issues, and political issues are also all part of the answer. In The Unfree Exercise of Religion Jonathan Fox examines how we understand concepts like religious discrimination and religious freedom, and why countries discriminate. He makes a study of religious discrimination against 597 religious minorities in 177 countries between 1990 and 2008. While 29 types of discrimination are discussed in this book, the most common include restrictions in places of worship, proselytizing, and religious education.

This book examines major conceptual challenges confronting freedom of religion or belief in contemporary settings. The volume brings together chapters by leading experts from law, religious studies, and international relations, who provide perspectives from both sides of the Atlantic. At a time when the polarization of 'culture wars' is aggravating tensions between secular and religious views about accommodating the conscientious claims of individuals and groups, and when the right to freedom of religion itself is facing misunderstanding and erosion, the work provides welcome clarity and depth. Some chapters adopt a primarily conceptual and historical approach; others analyze particular difficulties or conflicts that have emerged in European and American jurisdictions, along with concrete applications and recommendations for the future. The book will be a valuable resource for students, academics, and policy-makers with an interest in law, religion, and human rights.

Almost everyone today affirms the importance and merit of religious liberty. But religious liberty is being challenged by new questions (for example, use of the niqab or church adoption services for same-sex couples) and new forces (such as globalization and Islamism). Combined, these make the meaning of religious liberty in the twenty-first century uncertain. This collection of essays by ten of the world's leading scholars on religious liberty takes aim at these issues. The book is arranged around five specific challenges to religious liberty today: the state's responsibility to prevent coercion and intimidation of believers by others within the same faith community; the US's basic moral responsibilities to promote religious liberty abroad; how to understand and apply the traditional right of conscientious objection in today's circumstances; the distinctive problems presented by globalization; and the viability today of an 'originalist' interpretation of the First Amendment religion clauses.

This book explains the original meaning of the two religion clauses of the First Amendment: "Congress shall make no law [1] respecting an establishment of religion or [2] prohibiting the free exercise thereof." As the book shows, both clauses were intended to protect the free exercise of religion or religious freedom. West shows the position taken by early Americans on four issues: (1) the general meaning of the "free exercise of religion," including whether it is different from the meaning of "no establishment of religion"; (2) whether the free exercise of religion may be intentionally and directly limited, and if so, under what circumstances; (3) whether laws regulating temporal matters that also have a religious sanction violate the free exercise of religion; and (4) whether the free exercise of religion gives persons a right to be exempt from obeying valid civil laws that unintentionally and indirectly make it difficult or impossible to practice their religion in some way. A definitive work on the subject and a major contribution to the field of constitutional law and history, this volume is key to a better understanding of the ongoing constitutional adjudication based on the religion clauses of the First Amendment.

This book examines the interpretation and application of the right to freedom of religion and belief of new minorities formed by recent migration by the European Court of Human Rights (ECtHR) and the United Nations Human Rights Committee (HRC). New minorities are increasingly confronted with restrictions of their religious practices and have addressed their rights claims both to the ECtHR and the HRC through their individual complaint procedures, which resulted in several contradicting decisions. Based on a quantitative and qualitative empirical analysis of the relevant case law, focusing in particular on the reasoning adopted by the two bodies, this book finds that the HRC in its practice offers a significantly higher level of protection to new minorities than the ECtHR. Such divergence may be explained by various institutional and conceptual differences, of which the concept of the margin of appreciation is the most influential. It is contended that the extensive use of the concept of the margin of appreciation by the ECtHR in the case law regarding new minorities' right to freedom of religion and belief, and the absence of such concept in the HRC's case law, could be explained by different understandings of the role of an international human rights body in conflicts between the majority and minorities. This book argues that such divergence could be mitigated with various tools, such as the inclusion of cross-references to the case law of other relevant bodies as well as to instruments specifically established for the protection of minorities. The book will be of interest to academics, researchers and practitioners in the area of international human rights law, international public law in general and law and religion.

Recent revelations about government surveillance of citizens have led to questions about whether there should be better defined boundaries around privacy. Should government officials have the right to specifically target certain groups for extended surveillance? United States municipal, territorial, and federal agencies have investigated religious groups since the nineteenth century. While critics of contemporary mass surveillance tend to invoke the infringement of privacy, the mutual protection of religion and public expression by the First Amendment positions them, along with religious expression, comfortably within in the public sphere. This book analyzes government monitoring of Mormons of the Territory of Utah in the 1870s and 1880s for polygamy, Quakers of the American Friends Service Committee (AFSC) from the 1940s to the 1960s for communist infiltration, and Muslims of Brooklyn, New York, from 2002 to 2013 for suspected terrorism. Government agencies in these case studies attempted to understand how their religious beliefs might shape their actions in the public sphere. It follows that government agents did not just observe these communities, but they probed precisely what constituted religion itself alongside shifting legal and political definitions relative to their respective time periods. Together, these case studies form a new framework for discussions of the historical and contemporary monitoring of religion. They show that government surveillance is less predictable and monolithic than we might assume. Therefore, this book will be of great interest to scholars of United States religion, history, and politics, as well as surveillance and communication studies.

This book examines the interpretation and application of the right to freedom of religion and belief of new minorities formed by recent migration by the European Court of Human Rights (ECtHR) and the United Nations Human Rights Committee (HRC). New minorities are increasingly confronted with restrictions of their religious practices and have addressed their rights claims both to the ECtHR and the HRC through their individual complaint procedures, which resulted in several contradicting decisions. Based on a quantitative and qualitative empirical analysis of the relevant case law, focusing in particular on the reasoning adopted by the two bodies, this book finds that the HRC in its practice offers a significantly higher level of protection to new minorities than the ECtHR. Such divergence may be explained by various institutional and conceptual differences, of which the concept of the margin of appreciation is the most influential. It is contended that the extensive use of the concept of the margin of appreciation by the ECtHR in the case law regarding new minorities' right to freedom of religion and belief, and the absence of such concept in the HRC's case law, could be explained by different understandings of the role of an international human rights body in conflicts between the majority and minorities. This book argues that such divergence could be mitigated with various tools, such as the inclusion of cross-references to the case law of other relevant bodies as well as to instruments specifically established for the protection of minorities. The book will be of interest to academics, researchers and practitioners in the area of international human rights law, international public law in general and law and religion.