The central focus of this collection of essays is the role and place of freedom of religion in the protection and promotion of world order. The volume offers competing models of world order from a global perspective and highlights the lack of consensus and considerable variety of practice and belief around the globe as to the definition of religious freedom and where and whether freedom of religion is regarded as the first freedom in the world. The leading theories of freedom of religion are discussed and provide an understanding of freedom of religion beyond the nation state. The liberal view at the global level is also examined and observations are included regarding the need to rethink secularism in the light of present circumstances and within the global context.

Ernst-Wolfgang Boeckenfoerde (1930-2019) was one of Europe's foremost legal scholars and political thinkers. As a scholar of constitutional law and a judge on Germany's Federal Constitutional Court (1983-1996), Boeckenfoerde was a major contributor to contemporary debates in legal and political theory, to the conceptual framework of the modern state and its presuppositions, and to contested political issues such as the constitutional status of the state of emergency, citizenship rights, bioethical politics, and the challenges of European integration. His writings have shaped not only academic but also wider public debates from the 1950s to the present, to an extent that few European scholars can match. As a federal constitutional judge and holder of a trusted public office, Boeckenfoerde has influenced the way academics and citizens think about law and politics. During his tenure on the Court, several path-breaking decisions for the Federal Republic of Germany were handed down, including decisions on the deployment of missiles, the law on political parties, the regulation of abortion, and the process of European integration. This second volume in the first representative edition in English of Boeckenfoerde's writings brings together his essays on religion, law, and democracy. The volume is organized in five sections: I. the Catholic Church and Political Order; II. State and Secularity; III. the Theology of Law and its Relation to Political Theory; IV. Norms and the Principle of Human Dignity; and V. Excerpts from a biographical interview. Sections I, II, III, and IV are preceded by an editors' introduction to the articles as well as running editorial commentary to the work.

During the second half of the nineteenth century and the first half of the twentieth, insurgencies erupted in imperial states and colonies around the world, including Britain's. As Nicole Rizzuto shows, the writings of Ukrainian-born Joseph Conrad, Anglo-Irish Rebecca West, Jamaicans H. G. de Lisser and V. S. Reid, and Kenyan Ng gi wa Thiong'o testify to contested events in colonial modernity in ways that question premises underlying approaches in trauma and memory studies and invite us to reassess divisions and classifications in literary studies that generate such categories as modernist, colonial, postcolonial, national, and world literatures. Departing from tenets of modernist studies and from methods in the field of trauma and memory studies, Rizzuto contends that acute as well as chronic disruptions to imperial and national power and the legal and extra-legal responses they inspired shape the formal practices of literatures from the modernist, colonial, and postcolonial periods.

What happens to people and the societies in which they live after genocide? How are the devastating events remembered on the individual and collective levels, and how do these memories intersect and diverge as the rulers of postgenocidal states attempt to produce a monolithic "truth" about the past? In this important volume, leading anthropologists consider such questions about the relationship of genocide, truth, memory, and representation in the Balkans, East Timor, Germany, Guatemala, Indonesia, Nigeria, Rwanda, Sudan, and other locales.

Specialists on the societies about which they write, these anthropologists draw on ethnographic research to provide on-the-ground analyses of communities in the wake of mass brutality. They investigate how mass violence is described or remembered, and how those representations are altered by the attempts of others, from NGOs to governments, to assert "the truth" about outbreaks of violence. One contributor questions the neutrality of an international group monitoring violence in Sudan and the assumption that such groups are, at worst, benign. Another examines the consequences of how events, victims, and perpetrators are portrayed by the Rwandan government during the annual commemoration of that country's genocide in 1994. Still another explores the silence around the deaths of between eighty and one hundred thousand people on Bali during Indonesia's state-sponsored anticommunist violence of 1965-1966, a genocidal period that until recently was rarely referenced in tourist guidebooks, anthropological studies on Bali, or even among the Balinese themselves. Other contributors consider issues of political identity and legitimacy, coping, the media, and "ethnic cleansing." "Genocide: Truth, Memory, and Representation" reveals the major contribution that cultural anthropologists can make to the study of genocide.

"Contributors." Pamela Ballinger, Jennie E. Burnet, Conerly Casey, Elizabeth Drexler, Leslie Dwyer, Alexander Laban Hinton, Sharon E. Hutchinson, Uli Linke, Kevin Lewis O'Neill, Antonius C. G. M. Robben, Debra Rodman, Victoria Sanford

Portland, Oregon, though widely regarded as a liberal bastion, also has struggled historically with ethnic diversity; indeed, the 2010 census found it to be "America's whitest major city." In early recognition of such disparate realities, a group of African American activists in the 1960s formed a local branch of the Black Panther Party in the city's Albina District to rally their community and be heard by city leaders. And as Lucas Burke and Judson Jeffries reveal, the Portland branch was quite different from the more famous-and infamous-Oakland headquarters. Instead of parading through the streets wearing black berets and ammunition belts, Portland's Panthers were more concerned with opening a health clinic and starting free breakfast programs for neighborhood kids. Though the group had been squeezed out of local politics by the early 1980s, its legacy lives on through the various activist groups in Portland that are still fighting many of the same battles. Combining histories of the city and its African American community with interviews with former Portland Panthers and other key players, this long-overdue account adds complexity to our understanding of the protracted civil rights movement throughout the Pacific Northwest. A V Ethel Willis White Book

This book analyzes the promotion and protection of freedom of religion in the international arena with a particular focus on the role and influence of the US International Religious Freedom Act, 1998. It also investigates the impact of the IRFA on the legislation and policies of third countries and the EU. The book develops the story of the protection of religious freedom through foreign policy by showing how religious laws affect and shape a more communitarian dimension of the notion of freedom of religion which stands in contrast with a traditionally Western individualistic understanding of the right. It is argued that it is still possible to defend the unstable category of freedom of religion or belief especially when major violations are at stake. The book presents a balanced contribution to the academic debate on the promotion and protection of religious freedom. The comparative approach and interdisciplinary methodology make it a valuable resource for academics, students and policy-makers in Law, International Relations and Strategic Studies.

A critical investigation into the use of psychotropic drugs to pacify and control inmates and other captives in the vast U.S. prison, military, and welfare systems For at least four decades, U.S. prisons and jails have aggressively turned to psychotropic drugs-antidepressants, antipsychotics, sedatives, and tranquilizers-to silence inmates, whether or not they have been diagnosed with mental illnesses. In Silent Cells, Anthony Ryan Hatch demonstrates that the pervasive use of psychotropic drugs has not only defined and enabled mass incarceration but has also become central to other forms of captivity, including foster homes, military and immigrant detention centers, and nursing homes. Silent Cells shows how, in shockingly large numbers, federal, state, and local governments and government-authorized private agencies pacify people with drugs, uncovering patterns of institutional violence that threaten basic human and civil rights. Drawing on publicly available records, Hatch unearths the coercive ways that psychotropics serve to manufacture compliance and docility, practices hidden behind layers of state secrecy, medical complicity, and corporate profiteering. Psychotropics, Hatch shows, are integral to "technocorrectional" policies devised to minimize public costs and increase the private profitability of mass captivity while guaranteeing public safety and national security. This broad indictment of psychotropics is therefore animated by a radical counterfactual question: would incarceration on the scale practiced in the United States even be possible without psychotropics?

This 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 Garcia 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, Garcia 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.

Drawing on the critical and theoretical concepts of sovereignty, biopolitics, and necropolitics, this book examines how a normative liberal and secular understanding of India's religious identity is translatable by Hindu nationalists into discrimination and violence against minoritized religious communities. Extending these concepts to an analysis of historical, political and legal genealogies of conversion, the author demonstrates how a concern for sovereignty links past and present anti-conversion campaigns and laws. The book illustrates how sovereignty informs the making of secularism as well as religious difference. The focus on sovereignty sheds light on the manner in which religious difference becomes a point of reference for the religio-secular idioms of Bombay cinema, for legal judgements on communal violence, for human rights organizations, and those seeking justice for communal violence. This wide-ranging examination and discussion of the trajectories of (anti) conversion politics through historical, legal, philosophical, popular cultural, archival and ethnographic material offers a cogent argument for shifting the stakes and rethinking the relationship between sovereignty and religious freedom. The book is a timely contribution to broader theoretical and political discussions of (post) secularism and human rights, and is of interest to students and scholars of postcolonial studies, cultural studies, law, and religious studies.

Kaing Guek Eav was an ordinary man growing up in Cambodia in the mid-twentieth century. But then, adopting the alias "Duch," he joined the Khmer Rouge and took charge of S-21, the infamous secret security center where in less than four years at least 14,000 "enemies" were interrogated, tortured, and executed. After the government's collapse, Duch fled to the Cambodian frontier, where he lived in anonymity until he was finally unmasked and sentenced to life in prison for his crimes. With remarkable and chilling precision, Duch describes firsthand the Khmer Rouge movement and his own role in the paranoid irrationality of the regime. An introduction and epilogue delve unflinchingly into Duch's character and motivations, our common humanity, and the sometimes uncomfortable implications of global justice.

The interaction between individual rights, which are often seen in secular terms, and religion is becoming an important and complex topic not only for academic study but for practical policy. This volume collects a range of writings from journals, edited collections and individual books which deal with different aspects of the interaction within the context of family life, and which appear with their original pagination. These studies have been selected because they throw a sharp light on central elements of the role of religion in determining the structure of the rights of family members in relation to one another, both from an historical and contemporary perspective. While many of the writings are focused on US and European systems, selected writings covering other systems illustrate the universal nature of the topic. The studies are accompanied by a reflective commentary from the editor which sets the writings in a broad context of social, constitutional and philosophical thought, with the aim of stimulating critical thought and discussion.

Freedom of religion or belief is deeply entrenched in international human rights conventions and constitutional traditions around the world. Article 18 of the Universal Declaration of Human Rights enshrines the right to freedom of thought, conscience, and religion as does the International Covenant on Civil and Political Rights, which the United Nations General Assembly adopted in 1966. A rich jurisprudence on freedom of religion or belief is based on the European Convention on Human Rights, drafted in 1950 by the Council of Europe. Similar regional guarantees exist in the framework of the Organization of American States as well as within the African Union. Freedom of religion or belief has found recognition in numerous national constitutions, and some governments have shown a particularly strong commitment to the international promotion of this right. As Heiner Bielefeldt and Michael Wiener observe, however, freedom of religion or belief remains a source of political conflict, legal controversy, and intellectual debate. In Religious Freedom Under Scrutiny, Bielefeldt and Wiener explore various critiques leveled at this right. For example, does freedom of religion contribute to the spread of Western neoliberal values to the detriment of religious and cultural diversity? Can religious freedom serve as the entry point for antifeminist agendas within the human rights framework? Drawing on their considerable experience in the field, Bielefeldt and Wiener provide a typological overview and analysis of violations around the world that illustrate the underlying principles as well as the relationship between freedom of religion or belief and other human rights. Religious Freedom Under Scrutiny argues that without freedom of religion or belief, human rights cannot fully address our complex needs, yearnings, and vulnerabilities as human beings. Furthermore, ignoring or marginalizing freedom of religion or belief would weaken the plausibility, attractiveness, and legitimacy of the entire system of human rights.

This book provides a critical history of the distinctive tradition of Indian secularism known as Tolerance. Since it was first advanced by Mohandas Gandhi, the Tolerance ideal has measured secularism and civil religiosity by contrast with proselytizing religion. In India today, it informs debates over how the right to religious freedom should be interpreted on the subcontinent. Not only has Tolerance been an important political ideal in India since the early twentieth century; the framing assumptions of Tolerance permeate historical understandings among scholars of South Asian religion and politics. In conventional accounts, the emergence of Tolerance during the 1920s is described as a victory of Indian secularism over the intolerant practice of shuddhi "proselytizing", pursued by reformist Hindus of the Arya Samaj, that was threatening harmonious Hindu-Muslim relations. This study shows that the designation of shuddhi as religious proselytizing was not fixed; it was the product of decades of political struggle. The book traces the conditions for the emergence of Tolerance, and the circumstances of its first deployment, by examining the history of debates surrounding Arya Samaj activities in north India between 1880 and 1930. It asks what political considerations governed Indian actors' efforts to represent shuddhi as religious on different occasions; and it asks what was lost in translation when they did. It reveals that by framing shuddhi decisively as a religious matter, Tolerance functioned to disengage Indian secularism from the politics of caste.

The United States is the world's leading foreign aid donor. Yet there has been little inquiry into how such assistance affects the politics and societies of recipient nations. Drawing on four decades of data on U.S. economic and military aid, Aiding and Abetting explores whether foreign aid does more harm than good. Jessica Trisko Darden challenges long-standing ideas about aid and its consequences, and highlights key patterns in the relationship between assistance and violence. She persuasively demonstrates that many of the foreign aid policy challenges the U.S. faced in the Cold War era, such as the propping up of dictators friendly to U.S. interests, remain salient today. Historical case studies of Indonesia, El Salvador, and South Korea illustrate how aid can uphold human freedoms or propagate human rights abuses. Aiding and Abetting encourages both advocates and critics of foreign assistance to reconsider its political and social consequences by focusing international aid efforts on the expansion of human freedom.

Examining the law and public policy relating to religious liberty in Western liberal democracies, this book contains a detailed analysis of the history, rationale, scope, and limits of religious freedom from (but not restricted to) an evangelical Christian perspective. Focussing on United Kingdom, the United States, Canada, New Zealand, Australia, and EU, it studies the interaction between law and religion at several different levels, looking at the key debates that have arisen. Divided into three parts, the book begins by contrasting the liberal and Christian rationales for and understandings of religious freedom. It then explores central thematic issues: the types of constitutional frameworks within which any right to religious exercise must operate; the varieties of paradigmatic relationships between organized religion and the state; the meaning of 'religion'; the limitations upon individual and institutional religious behaviour; and the domestic and international legal mechanisms that have evolved to address religious conduct. The final part explores key subject areas where current religious freedom controversies have arisen: employment; education; parental rights and childrearing; controls on pro-religious and anti-religious expression; medical treatment; and religious group (church) autonomy. This new edition is fully updated with the growing case law in the area, and features increased coverage of Islam and the flashpoint debates surrounding the accommodation of Muslim beliefs and practices in Anglophone nations.

From iPhones and clothing to jewelry and food, the products those of us in the developed world consume and enjoy exist only through the labor and suffering of countless others. In his new book Bruce Robbins examines the implications of this dynamic for humanitarianism and social justice. He locates the figure of the "beneficiary" in the history of humanitarian thought, which asks the prosperous to help the poor without requiring them to recognize their causal role in the creation of the abhorrent conditions they seek to remedy. Tracing how the beneficiary has manifested itself in the work of George Orwell, Virginia Woolf, Jamaica Kincaid, Naomi Klein, and others, Robbins uncovers a hidden tradition of economic cosmopolitanism. There are no easy answers to the question of how to confront systematic inequality on a global scale. But the first step, Robbins suggests, is to acknowledge that we are, in fact, beneficiaries.

Is religious freedom being curtailed in pursuit of equality, and the outlawing of discrimination? Is enough effort made to accommodate those motivated by a religious conscience? All rights matter but at times the right to put religious beliefs into practice increasingly takes second place in the law of different countries to the pursuit of other social priorities. The right to freedom of belief and to manifest belief is written into all human rights charters. In the United States religious freedom is sometimes seen as 'the first freedom'. Yet increasingly in many jurisdictions in Europe and North America, religious freedom can all too easily be 'trumped' by other rights. Roger Trigg looks at the assumptions that lie behind the subordination of religious liberty to other social concerns, especially the pursuit of equality. He gives examples from different Western countries of a steady erosion of freedom of religion. The protection of freedom of worship is often seen as sufficient, and religious practices are separated from the beliefs which inspire them. So far from religion in general, and Christianity in particular, providing a foundation for our beliefs in human dignity and human rights, religion is all too often seen as threat and a source of conflict, to be controlled at all costs. The challenge is whether any freedom can preserved for long, if the basic human right to freedom of religious belief and practice is dismissed as of little account, with no attempt to provide any reasonable accommodation. Given the central role of religion in human life, unnecessary limitations on its expression are attacks on human freedom itself.

The Law of Religious Organizations, provides the first modern systematic account of the English law relating to religious organizations. It introduces the subject through an historical overview of the relationship between church and state, and a depiction of contemporary patterns and structures of organized faith. It considers in depth the emerging human rights law of religious associations, the legal constitution of religious bodies, the status of ministers of religion and legal privileges associated with public religion.
Subsequent chapters examine the legal regulation of major aspects of religious life, including rituals, faith-based education and the delivery of faith-based welfare services. The book also considers broader questions of the legal regulation of religion in public life, from access to public discourse through formal and informal governmental consultation processes to safeguarding the presence of religious voices in the regulated mass media.
The final chapter draws together the author's reflections on trends at a broader level of constitutional theory. It argues that modern constitutional law occupies an uncertain position between establishment and secularism. While accepting a version of the secularization thesis in respect of English law, the author identifies but rejects legal secularism as a specific alternative to establishment. Instead, he argues for the clearer recognition of constitutional principles of autonomy and neutrality in the regulation of religious life.
The principal focus of the book is the law as it applies to non-established religions, but comparative reference is made throughout to the position of the Church of England. It emphasises the recent historical development of the law as an essential key to understanding current controversies and possible future resolutions.

In a remarkably short period of time, religious freedom has achieved broad consensus as an indispensable condition for peace. Faced with widespread reports of religious persecution, public and private actors around the world have responded with laws and policies designed to promote freedom of religion. But what precisely is being promoted? What are the cultural and epistemological assumptions underlying this response, and what forms of politics are enabled in the process? The fruits of the three-year Politics of Religious Freedom research project, the contributions to this volume unsettle the assumption - ubiquitous in policy circles - that religious freedom is a singular achievement, an easily understood state of affairs, and that the problem lies in its incomplete accomplishment. Taking a global perspective, the contributors delineate the different conceptions of religious freedom predominant in the world today, as well as their histories and social and political contexts. Together, the contributions make clear that the reasons for persecution are more varied and complex than is widely acknowledged, and that the indiscriminate promotion of a single legal and cultural tool meant to address conflict across a wide variety of cultures can have the perverse effect of exacerbating the problems that plague the communities cited as falling short.

Mindy Thompson Fullilove presents ways to strengthen neighborhood connectivity and empower marginalized communities through investigation of urban segregation from a social heath perspective. "Fullilove passionately demonstrates how, through an urbanity of inclusion, we can heal our fractured cities to make them whole again. What if divided neighborhoods were causing public health problems? What if a new approach to planning and design could tackle both the built environment and collective well-being at the same time? What if cities could help each other? Dr. Mindy Thompson Fullilove, the acclaimed author of Root Shock, uses her unique perspective as a public health psychiatrist to explore and identify ways of healing social and spatial fractures simultaneously. Using the work of French urbanist Michel Cantal-Dupart and the American urban design firm Rothschild Doyno Collaborative as guides as well as urban restoration projects from France and the US as exemplary cases, Fullilove identifies nine tools that can mend our broken cities and reconnect our communities to make them whole.

Religious freedom has become an emblematic value in the West. Embedded in constitutions and championed by politicians and thinkers across the political spectrum, it is to many an absolute value, something beyond question. Yet how it emerged, and why, remains widely misunderstood. Tracing the history of religious persecution from the Fall of Rome to the present-day, Noel D. Johnson and Mark Koyama provide a novel explanation of the birth of religious liberty. This book treats the subject in an integrative way by combining economic reasoning with historical evidence from medieval and early modern Europe. The authors elucidate the economic and political incentives that shaped the actions of political leaders during periods of state building and economic growth.

This is the first global examination of the historical relationship between Christianity and human rights in the twentieth century. Leading historians, anthropologists, political theorists, legal scholars, and scholars of religion develop fresh approaches to issues such as human dignity, personalism, religious freedom, the role of ecumenical and transatlantic networks, and the relationship between Christian and liberal rights theories. In doing so they move well beyond the temporal and geographical limits of the existing scholarship, exploring the connection between Christianity and human rights, not only in Europe and the United States, but also in Africa, Latin America, and China. They offer alternative chronologies and bring to light overlooked aspects of this history, including the role of race, gender, decolonization, and interreligious dialogue. Above all, these essays foreground the complicated relationship between global rights discourses - whether Christian, liberal, or otherwise - and the local contexts in which they are developed and implemented.

Religious freedom has become an emblematic value in the West. Embedded in constitutions and championed by politicians and thinkers across the political spectrum, it is to many an absolute value, something beyond question. Yet how it emerged, and why, remains widely misunderstood. Tracing the history of religious persecution from the Fall of Rome to the present-day, Noel D. Johnson and Mark Koyama provide a novel explanation of the birth of religious liberty. This book treats the subject in an integrative way by combining economic reasoning with historical evidence from medieval and early modern Europe. The authors elucidate the economic and political incentives that shaped the actions of political leaders during periods of state building and economic growth.

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.

In this Element, I introduce the socio-legal study of politics of rights as the theoretical framework to understand rights in the culturally and politically diverse region of Southeast Asia. The politics of rights framework is empirically grounded and treats rights as social practices whereby rights' meanings and implications emerge from being put into action or mobilised. I elaborate on the concepts underlying politics of rights and develop an analysis of rights in Southeast Asia using this framework. The analysis focusses on: what are the structural conditions that influence the emergence of rights mobilisation? How do people mobilise rights and what forms does rights mobilisation take? What are the consequences of rights mobilisation and how do we assess them? I hope that this view of politics of rights - from a Global South region and from the ground - can encourage more astute evaluations of the power of rights.