Since the 1980s, transitional justice mechanisms have been increasingly applied to account for mass atrocities and grave human rights violations throughout the world. Over time, post-conflict justice practices have expanded across continents and state borders and have fueled the creation of new ideas that go beyond traditional notions of amnesty, retribution, and reconciliation. Gathering work from contributors in international law, political science, sociology, and history, New Critical Spaces in Transitional Justice addresses issues of space and time in transitional justice studies. It explains new trends in responses to post-conflict and post-authoritarian nations and offers original empirical research to help define the field for the future.

Visiting Martin Luther King Jr. during the Montgomery, Alabama, bus boycott, journalist William Worthy almost sat on a loaded pistol. "Just for self-defense," King assured him. It was not the only weapon King kept for such a purpose; one of his advisors remembered the reverend’s Montgomery, Alabama, home as "an arsenal." Like King, many ostensibly "nonviolent" civil rights activists embraced their constitutional right to self-protection—yet this crucial dimension of the Afro-American freedom struggle has been long ignored by history. In This Nonviolent Stuff’ll Get You Killed, Charles E. Cobb Jr. recovers this history, describing the vital role that armed self-defense has played in the survival and liberation of black communities.  Drawing on his experiences in the civil rights movement and giving voice to its participants, Cobb lays bare the paradoxical relationship between the nonviolent civil rights struggle and the long history and importance of African Americans taking up arms to defend themselves against white supremacist violence.   

This book is an interdisciplinary guide to the religion clauses of the First Amendment with a focus on its philosophical foundations, historical developments, and legal and political implications. The volume begins with fundamental questions about God, the nature of belief and worship, conscience, freedom, and their intersections with law. It then traces the history of religious liberty and church-state relations in America through a diverse set of religious and non-religious voices from the seventeenth century to the most recent Supreme Court decisions. The Companion will conclude by addressing legal and political questions concerning the First Amendment and the court cases and controversies surrounding religious liberty today, including the separation of church and state, corporate religious liberty, and constitutional interpretation. This scholarly yet accessible book will introduce students and scholars alike to the main issues concerning the First Amendment and religious liberty, along with offering incisive new insights into one of the most important topics in American culture.

Erik Kennes and Miles Larmer provide a history of the Katangese gendarmes and their largely undocumented role in many of the most important political and military conflicts in Central Africa. Katanga, located in today's Democratic Republic of Congo, seceded in 1960 as Congo achieved independence and the gendarmes fought as the unrecognized state's army during the Congo crisis. Kennes and Larmer explain how the ex-gendarmes, then exiled in Angola, struggled to maintain their national identity and return "home." They take readers through the complex history of the Katangese and their engagement in regional conflicts and Africa's Cold War. Kennes and Larmer show how the paths not taken at Africa's independence persist in contemporary political and military movements and bring new understandings to the challenges that personal and collective identities pose to the relationship between African nation-states and their citizens and subjects.

Gender and Justice in Multicultural Liberal States explores the challenges that culturally plural liberal states face when they hold competing political commitments to cultural rights and sexual equality, and advances an argument for resolving such dilemmas through democratic dialogue and negotiation. Exploring recent examples of gendered cultural conflicts in South Africa, Canada, and Britain, this book shows that there is an urgent need for workable strategies to mediate the antagonisms between the cultural practices and arrangements of certain ethno-cultural and religious groups and the norms and constitutional rights endorsed by liberal states. Yet such strategies will be successful only insofar as they can resolve conflicts without either reinforcing women's subordination within cultural communities or unjustly dismissing calls for cultural recognition and forms of self-governance. To this end, the book develops an approach to mediating cultural tensions that takes seriously the demands of justice by cultural and religious minorities in liberal democratic states. Grounded in an argument for democratic legitimacy, this approach invokes norms of political inclusion and democratic dialogue, and highlights negotiation and compromise as the best vehicles for arriving at resolutions to conflicts of cultural value. However, it also reconceives the basis of democratic legitimacy so as to include not merely formal expressions of political consent, but also a range of non-formal democratic activity that occur in the private and social spheres, from acts of cultural reinvention and subversion to outright expressions of dissent and cultural refusal.

The presidency of George W. Bush has polarized the church-state debate as never before. The Far Right has been emboldened to use religion to govern, while the Far Left has redoubled its efforts to evict religion from public life entirely. Fewer people on the Right seem to respect the church-state separation, and fewer people on the Left seem to respect religion itself--still less its free exercise in any situation that is not absolutely private. In "The Last Freedom," Joseph Viteritti argues that there is a basic tension between religion and democracy because religion often rejects compromise as a matter of principle while democracy requires compromise to thrive. In this readable, original, and provocative book, Viteritti argues that Americans must guard against debasing politics with either antireligious bigotry or religious zealotry. Drawing on politics, history, and law, he defines a new approach to the church-state question that protects the religious and the secular alike.

Challenging much conventional opinion, Viteritti argues that the courts have failed to adequately protect religious minorities, that the rights of the religious are under greater threat than those of the secular, and that democracy exacts greater compromises and sacrifices from the religious than it does from the secular. He takes up a wide range of controversies, including the pledge of allegiance, school prayer, school vouchers, evolution, abortion, stem-cell research, gay marriage, and religious displays on public property.

A fresh and surprising approach to the church-state question, "The Last Freedom" is squarely aimed at the wide center of the public that is frustrated with the extremes of both the Left and the Right.

Freedom's Edge takes the reader directly into the heart of the debate over the relationship between religious freedom and LGBT and reproductive rights. The book explains these complex areas of law, and what is at stake in the battle to protect each of these rights. The book argues that religious freedom and sexual freedom share some common elements and that in most contexts it is possible to protect both. Freedom's Edge explains why this is so, and provides a roadmap for finding common ground and maximizing freedoms on both sides. The book will enable anyone with an interest in these issues to understand what the law actually teaches us about religious freedom, sexual freedom, and how they interact. This is important because what is often argued by partisans on both sides distorts the legal and cultural stakes, and diminishes the possibility of compromise.

This book explores religious freedom and other human rights conditions in North Korea which remain among the world's most repressive, as the testimony of interviewees reveal here. There continues to be a pressing need on the international level for further, more effective action that addresses the ongoing repression of religious freedom and other human rights in North Korea and the problems of North Korean refugees in China. The international community's understandable focus on nuclear security should also not diminish diplomatic efforts to address human security in North Korea. The findings in this book are pertinent to both bilateral diplomacy and multilateral negotiations on these issues because valuable information is presented about religious freedom conditions in North Korea for the widest possible audience of policymakers, diplomats, journalists, religious leaders, and researchers on religious freedom and related human rights in North Korea. This book consists of public documents which have been located, gathered, combined, reformatted, and enhanced with a subject index, selectively edited and bound to provide easy access.

Building on the highly-regarded first edition, this is a comprehensive study of the relationship between law and religion in English law. Against a backdrop of an increasingly religiously and culturally diverse country, it represents a vital legal analysis of fundamental questions regarding individual and group rights, and how the political and legal systems regard and engage with such diversity. Questions about equality, non-discrimination, tolerance, and social cohesion are of great concern both in the public policy, and legal spheres. At a practical level, the debates range from the issue of whether businesses such as shops and hotels can decline to provide services on religious grounds, through clashes between the school curriculum and faith, to requests for employment leave on grounds of religion. Law, Rights, and Religion examines the legal principles underlying religious rights, and the application of issues of faith within the legal system. Framed by the Human Rights Act 1998, the Equality Act 2010, and the EC Equality Directives, it delves into specific areas of legal practice, including education, employment, immigration, family law, criminal law, and terrorism. The author combines detailed analysis with a clear assessment of the practical and procedural issues, making this an important tool in the library of all specialists in the areas of equality, discrimination, and human rights.

Meetings with remarkable activists since the 1960s American social change movements dominated the 1960s and 1970s, an era brought about and influenced not by a handful of celebrity activists but by people who cared. These history makers together transformed the political and spiritual landscape of America and laid the foundation for many of the social movements that exist today. Through a series of 43 vignettes-tight biographical sketches of the characters and intimate memories of her personal encounters with them-the author creates a collective portrait of the rebels, artists, radicals, and thinkers who through word and action raised many of the issues of justice, the environment, feminism, and colonialism that we are now familiar with. From Berkeley to Bolivia, from New York to New Mexico, a complex, multi-layered radical history unfolds through the stories and lives of the characters. From Marty Schiffenhauer, who fought through the first rent-control law in the United States, to Ponderosa Pine, who started the All-Species Parade and never wore shoes, to Dan and Patricia Ellsberg, who released the Pentagon Papers and became life-long anti-war and antinuclear activists, the portraits bring out some of the vibrant, irreverent energy, the unswerving commitment, and the passion for life of these generations of activists. In our present moment, as many people find themselves in the streets protesting for the first time in their lives, In the Company of Rebels makes the connection to this relatively recent rebellious era. As the author comments on her own twenty-year old self, sitting at the counter of Cody's Books in Berkeley in the early 1970s, thrilled about the times but oblivious of the work that came before: "I didn't know anything about this courageous and colorful past. But now I know."

In the battles over religion and politics in America, both liberals and conservatives often appeal to history. But in The Myth of American Religious Freedom, historian David Sehat provides an eye-opening history of religion in public life that overturns our most cherished myths. Originally, he shows, the First Amendment applied only to the federal government, which had limited authority. On the state level, a Protestant moral establishment ruled over Catholics, Jews, Mormons, agnostics, and others. Not until 1940 did the Supreme Court extend the First Amendment to the states. As the Court began to dismantle the connections between religion and government, religious conservatives mobilized to maintain their power and began the culture wars of the last fifty years. To trace the rise and fall of this Protestant establishment, Sehat focuses on a series of dissenters-abolitionist William Lloyd Garrison, suffragist Elizabeth Cady Stanton, progressive pundit Walter Lippmann, and many others. Shattering myths held by both the left and the right, this book forces us to rethink some of our most deeply held political beliefs.

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.

Building on the highly-regarded first edition, this is a comprehensive study of the relationship between law and religion in English law. Against a backdrop of an increasingly religiously and culturally diverse country, it represents a vital legal analysis of fundamental questions regarding individual and group rights, and how the political and legal systems regard and engage with such diversity. Questions about equality, non-discrimination, tolerance, and social cohesion are of great concern both in the public policy, and legal spheres. At a practical level, the debates range from the issue of whether businesses such as shops and hotels can decline to provide services on religious grounds, through clashes between the school curriculum and faith, to requests for employment leave on grounds of religion. Law, Rights, and Religion examines the legal principles underlying religious rights, and the application of issues of faith within the legal system. Framed by the Human Rights Act 1998, the Equality Act 2010, and the EC Equality Directives, it delves into specific areas of legal practice, including education, employment, immigration, family law, criminal law, and terrorism. The author combines detailed analysis with a clear assessment of the practical and procedural issues, making this an important tool in the library of all specialists in the areas of equality, discrimination, and human rights.

In Kashmir's frigid winter a woman leaves her door cracked open, waiting for the return of her only son. Every month in a public park in Srinagar, a child remembers her father as she joins her mother in collective mourning. The activist women who form the Association of the Parents of the Disappeared Persons (APDP) keep public attention focused on the 8,000 to 10,000 Kashmiri men disappeared by the Indian government forces since 1989. Surrounded by Indian troops, international photojournalists, and curious onlookers, the APDP activists cry, lament, and sing while holding photos and files documenting the lives of their disappeared loved ones. In this radical departure from traditionally private rituals of mourning, they create a spectacle of mourning that combats the government's threatening silence about the fates of their sons, husbands, and fathers. Drawn from Ather Zia's ten years of engagement with the APDP as an anthropologist and fellow Kashmiri activist, Resisting Disappearance follows mothers and "half-widows" as they step boldly into courts, military camps, and morgues in search of their disappeared kin. Through an amalgam of ethnography, poetry, and photography, Zia illuminates how dynamics of gender and trauma in Kashmir have been transformed in the face of South Asia's longest-running conflict, providing profound insight into how Kashmiri women and men nurture a politics of resistance while facing increasing military violence under India.

The respect for religious difference has formed the bedrock of our nation and made equality possible. Yet today we are told that "moral values"--code for a government shaped by religious concerns--must be the keystone of our social compact.

A rich and compelling chronicle of an essential idea, "Liberty of Conscience" tells the story of America's great tradition of religious freedom. Philosopher Martha Nussbaum's ambitious book is both a work of history and a pointed rejoinder to conservative efforts to break down barriers between church and state.

The first comprehensive history of how Jews became citizens in the modern world For all their unquestionable importance, the Holocaust and the founding of the State of Israel now loom so large in modern Jewish history that we have mostly lost sight of the fact that they are only part of-and indeed reactions to-the central event of that history: emancipation. In this book, David Sorkin seeks to reorient Jewish history by offering the first comprehensive account in any language of the process by which Jews became citizens with civil and political rights in the modern world. Ranging from the mid-sixteenth century to the beginning of the twenty-first, Jewish Emancipation tells the ongoing story of how Jews have gained, kept, lost, and recovered rights in Europe, North Africa, the Middle East, the United States, and Israel. Emancipation, Sorkin shows, was not a one-time or linear event that began with the Enlightenment or French Revolution and culminated with Jews' acquisition of rights in Central Europe in 1867-71 or Russia in 1917. Rather, emancipation was and is a complex, multidirectional, and ambiguous process characterized by deflections and reversals, defeats and successes, triumphs and tragedies. For example, American Jews mobilized twice for emancipation: in the nineteenth century for political rights, and in the twentieth for lost civil rights. Similarly, Israel itself has struggled from the start to institute equality among its heterogeneous citizens. By telling the story of this foundational but neglected event, Jewish Emancipation reveals the lost contours of Jewish history over the past half millennium.

The global movement of culture and religion has brought about a serious challenge to traditional constitutional secularism. This challenge comes in the form of a political and institutional struggle against secular constitutionalism, and a two pronged assault on the very legitimacy and viability of the concept. On the one hand, constitutional secularism has been attacked as inherently hostile rather than neutral toward religion; and, on the other hand, constitutional secularism has been criticized as inevitably favouring one religion (or set of religions) over others. The contributors to this book come from a variety of different disciplines including law, anthropology, history, philosophy and political theory. They provide accounts of, and explanations for, present predicaments; critiques of contemporary institutional, political and cultural arrangements, justifications and practices; and suggestions with a view to overcoming or circumventing several of the seemingly intractable or insurmountable current controversies and deadlocks. The book is separated in to five parts. Part I provides theoretical perspectives on the present day conflicts between secularism and religion. Part II focuses on the relationship between religion, secularism and the public sphere. Part III examines the nexus between religion, secularism and women's equality. Part IV concentrates on religious perspectives on constraints on, and accommodations of, religion within the precincts of the liberal state. Finally, Part V zeroes in on conflicts between religion and secularism in specific contexts, namely education and freedom of speech.

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 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.

Each state in Europe has its own national laws which affect religion and these are increasingly the subject of political and academic debate. This book provides a detailed comparative introduction to these laws with particular reference to the states of the European Union. A comparison of national laws on religion reveals profound similarities between them. From these emerge principles of law on religion common to the states of Europe and the book articulates these for the first time. It examines the constitutional postures of states towards religion, religious freedom, and discrimination, and the legal position, autonomy, and ministers of religious organizations. It also examines the protection of doctrine and worship, the property and finances of religion, religion, education, and public institutions, and religion, marriage, and children, as well as the fundamentals of the emergent European Union law on religion.
The existence of these principles challenges the standard view in modern scholarship that there is little commonality in the legal postures of European states towards religion - it reveals that the dominant juridical model in Europe is that of cooperation between State and religion. The book also analyses national laws in the context of international laws on religion, particularly the European Convention on Human Rights. It proposes that national laws go further than these in their treatment and protection of religion, and that the principles of religion law common to the states of Europe may themselves represent a blueprint for the development of international norms in this field. The book provides a wealth of legal materials for scholars and students. The principles articulated in it also enable greater dialogue between law and disciplines beyond law, such as the sociology of religion, about the role of religion in Europe today. The book also identifies areas for further research in this regard, pointing the direction for future study.

The Constitution may guarantee it. But religious freedom in America is, in fact, impossible. So argues this timely and iconoclastic work by law and religion scholar Winnifred Sullivan. Sullivan uses as the backdrop for the book the trial of Warner vs. Boca Raton, a recent case concerning the laws that protect the free exercise of religion in America. The trial, for which the author served as an expert witness, concerned regulations banning certain memorials from a multiconfessional nondenominational cemetery in Boca Raton, Florida. The book portrays the unsuccessful struggle of Catholic, Protestant, and Jewish families in Boca Raton to preserve the practice of placing such religious artifacts as crosses and stars of David on the graves of the city-owned burial ground. Sullivan demonstrates how, during the course of the proceeding, citizens from all walks of life and religious backgrounds were harassed to define just what their religion is. She argues that their plight points up a shocking truth: religion cannot be coherently defined for the purposes of American law, because everyone has different definitions of what religion is. Indeed, while religious freedom as a political idea was arguably once a force for tolerance, it has now become a force for intolerance, she maintains. A clear-eyed look at the laws created to protect religious freedom, this vigorously argued book offers a new take on a right deemed by many to be necessary for a free democratic society. It will have broad appeal not only for religion scholars, but also for anyone interested in law and the Constitution. Featuring a new preface by the author, The Impossibility of Religious Freedom offers a new take on a right deemed by many to be necessary for a free democratic society.

An insightful rethinking of the meaning of the First Amendment's protection of religious freedom. The Founders understood religious liberty to be an inalienable natural right. Vincent Phillip Munoz explains what this means for church-state constitutional law, uncovering what we can and cannot determine about the original meanings of the First Amendment's Religion Clauses and constructing a natural rights jurisprudence of religious liberty. Drawing on early state constitutions, declarations of religious freedom, Founding-era debates, and the First Amendment's drafting record, Munoz demonstrates that adherence to the Founders' political philosophy would lead neither to consistently conservative nor consistently liberal results. Rather, adopting the Founders' understanding would lead to a minimalist church-state jurisprudence that, in most cases, would return authority from the judiciary to the American people. Thorough and convincing, Religious Liberty and the American Founding is key reading for those seeking to understand the Founders' political philosophy of religious freedom and the First Amendment Religion Clauses.

Balancing respect for religious conviction and the values of liberal democracy is a daunting challenge for judges and lawmakers, particularly when religious groups seek exemption from laws that govern others. Should members of religious sects be able to use peyote in worship? Should pacifists be forced to take part in military service when there is a draft, and should this depend on whether they are religious? How can the law address the refusal of parents to provide medical care to their children--or the refusal of doctors to perform abortions? "Religion and the Constitution" presents a new framework for addressing these and other controversial questions that involve competing demands of fairness, liberty, and constitutional validity.

In the first of two major volumes on the intersection of constitutional and religious issues in the United States, Kent Greenawalt focuses on one of the Constitution's main clauses concerning religion: the Free Exercise Clause. Beginning with a brief account of the clause's origin and a short history of the Supreme Court's leading decisions about freedom of religion, he devotes a chapter to each of the main controversies encountered by judges and lawmakers. Sensitive to each case's context in judging whether special treatment of religious claims is justified, Greenawalt argues that the state's treatment of religion cannot be reduced to a single formula.

Calling throughout for religion to be taken more seriously as a force for meaning in people's lives, "Religion and the Constitution" aims to accommodate the maximum expression of religious conviction that is consistent with a commitment to fairness and the public welfare.

Balancing respect for religious conviction and the values of liberal democracy is a daunting challenge for judges and lawmakers, particularly when religious groups seek exemption from laws that govern others. Should students in public schools be allowed to organize devotional Bible readings and prayers on school property? Does reciting "under God" in the Pledge of Allegiance establish a preferred religion? What does the Constitution have to say about displays of religious symbols and messages on public property? "Religion and the Constitution" presents a new framework for addressing these and other controversial questions that involve competing demands of fairness, liberty, and constitutional validity.

In this second of two major volumes on the intersection of constitutional and religious issues in the United States, Kent Greenawalt focuses on the Constitution's Establishment Clause, which forbids government from favoring one religion over another, or religion over secularism. The author begins with a history of the clause, its underlying principles, and the Supreme Court's main decisions on establishment, and proceeds to consider specific controversies. Taking a contextual approach, Greenawalt argues that the state's treatment of religion cannot be reduced to a single formula.

Calling throughout for acknowledgment of the way religion gives meaning to people's lives, "Religion and the Constitution" aims to accommodate the maximum expression of religious conviction that is consistent with a commitment to fairness and the public welfare.

'Intimate, highly sensory' - Daily Telegraph 'Indispensable' - Sunday Times 'Harrowing' - New Statesman 'A powerful personal narrative' - Irish Times THE FIRST MEMOIR ABOUT THE 'RE-EDUCATION' CAMPS BY A UYGHUR WOMAN For three years, Gulbahar Haitiwaji disappeared into a secret network of jails. Now, she is the first female Uyghur survivor to give a connected and revealing account of life inside China's brainwashing 're-education' camps. Her account reads like a modern version of 1984. It tells the story of a woman confronted by an all-powerful state bent on crushing her spirit - and her struggle for freedom and dignity. This rare portrait of China's gulag is visceral and internationally important. 'An intimate, highly sensory self-portrait... of an educated woman passing through a system that appears at turns cruel, paranoid, capricious and devastatingly effective.' - Daily Telegraph 'Gulbahar's memoir is an indispensable account, which makes vivid the stench of fearful sweat in the cells, the newly built prison's permanent reek of white paint. It closely corresponds with other witness statements... Most impressive is her psychological honesty.' - Sunday Times