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Books > Social sciences > Politics & government > Political control & freedoms > Human rights > Religious freedom
"After saying our good-byes to friends and neighbors, we all got in the cars and headed up the hill and down the road toward a future in Ohio that we hoped would be brighter," Otis Trotter writes in his affecting memoir, Keeping Heart: A Memoir of Family Struggle, Race, and Medicine. Organized around the life histories, medical struggles, and recollections of Trotter and his thirteen siblings, the story begins in 1914 with his parents, Joe William Trotter Sr. and Thelma Odell Foster Trotter, in rural Alabama. By telling his story alongside the experiences of his parents as well as his siblings, Otis reveals cohesion and tensions in twentieth-century African American family and community life in Alabama, West Virginia, and Ohio. This engaging chronicle illuminates the journeys not only of a black man born with heart disease in the southern Appalachian coalfields, but of his family and community. It fills an important gap in the literature on an underexamined aspect of American experience: the lives of blacks in rural Appalachia and in the nonurban endpoints of the Great Migration. Its emotional power is a testament to the importance of ordinary lives.
Religious dimension of contemporary conflicts and the rise of faith-based movements worldwide require policymakers to identify the channels through which religious leaders can play a constructive role. While religious fundamentalisms are in the news every day, we do not hear about the potential and actual role of religious actors in creating a peaceful and just society. Countering this trend, Sandal draws attention to how religious actors helped prepare the ground for stabilizing political initiatives, ranging from abolition of apartheid (South Africa), to the signing of the Lome Peace Agreement (Sierra Leone). Taking Northern Ireland as a basis and using declarations and speeches of more than forty years, this book builds a new perspective that recognizes the religious actors' agency, showing how religious actors can have an impact on public opinion and policymaking in today's world.
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.
In the past quarter century the world has witnessed dramatic social and political transformations, due in part to an upsurge in civil resistance. There have been significant uprisings around the globe, including the toppling of communist regimes in Eastern Europe, the Color Revolutions, the Arab Spring, protests against war and economic inequality, countless struggles against corruption, and demands for more equitable distribution of land. These actions have attracted substantial scholarly attention, reflected in the growth of literature on social movements and revolution as well as literature on nonviolent resistance. Until now, however, the two bodies of literature have largely developed in parallel-with relatively little acknowledgment of the existence of the other. In this useful collection, an international and interdisciplinary group of scholars takes stock of the current state of the theoretical and empirical literature on civil resistance. Contributors analyze key processes of nonviolent struggle and identify both frictions and points of synthesis between the narrower literature on civil resistance and the broader literature on social movements and revolution. By doing so, Civil Resistance: Comparative Perspectives on Nonviolent Struggle pushes the boundaries of the study of civil resistance and generates social scientific knowledge that will be helpful for all scholars and activists concerned with democracy, human rights, and social justice.
The issue of religious liberty has gained ever-increasing attention among policy makers and the public. Whereas politicians have long championed the idea of religious freedom and tolerance, the actual achievement of these goals has been an arduous battle for religious minorities. What motivates political leaders to create laws providing for greater religious liberty? In contrast to scholars who argue that religious liberty results from the spread of secularization and modern ideas, Anthony Gill argues that religious liberty results from interest-based calculations of secular rulers. Using insights from political economists, Gill develops a theory of the origins of religious liberty based upon the political and economic interests of governing officials. Political leaders are most likely to permit religious freedom when it enhances their own political survival, tax revenue, and the economic welfare of their country. He explores his theory using cases from British America, Latin America, Russia, and the Baltic states.
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.
Exploring the relationship between religion and the state Focusing on the intersection of religion, law, and politics in contemporary liberal democracies, Blackford considers the concept of the secular state, revising and updating enlightenment views for the present day. Freedom of Religion and the Secular State offers a comprehensive analysis, with a global focus, of the subject of religious freedom from a legal as well as historical and philosophical viewpoint. It makes an original contribution to current debates about freedom of religion, and addresses a whole range of hot-button issues that involve the relationship between religion and the state, including the teaching of evolution in schools, what to do about the burqa, and so on.
While the number of federally recognized Native nations in the United States are increasing, the population figures for existing tribal nations are declining. This depopulation is not being perpetrated by the federal government, but by Native governments that are banishing, denying, or disenrolling Native citizens at an unprecedented rate. Since the 1990s, tribal belonging has become more of a privilege than a sacred right. Political and legal dismemberment has become a national phenomenon with nearly eighty Native nations, in at least twenty states, terminating the rights of indigenous citizens. The first comprehensive examination of the origins and significance of tribal disenrollment, Dismembered examines this disturbing trend, which often leaves the disenrolled tribal members with no recourse or appeal. At the center of the issue is how Native nations are defined today and who has the fundamental rights to belong. By looking at hundreds of tribal constitutions and talking with both disenrolled members and tribal officials, the authors demonstrate the damage this practice is having across Indian Country and ways to address the problem.
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.
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.
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.
In recent years, North American and European nations have sought to legally remake religion in other countries through an unprecedented array of international initiatives. Policymakers have rallied around the notion that the fostering of religious freedom, interfaith dialogue, religious tolerance, and protections for religious minorities are the keys to combating persecution and discrimination. Beyond Religious Freedom persuasively argues that these initiatives create the very social tensions and divisions they are meant to overcome. Elizabeth Shakman Hurd looks at three critical channels of state-sponsored intervention: international religious freedom advocacy, development assistance and nation building, and international law. She shows how these initiatives make religious difference a matter of law, resulting in a divide that favors forms of religion authorized by those in power and excludes other ways of being and belonging. In exploring the dizzying power dynamics and blurred boundaries that characterize relations between "expert religion," "governed religion," and "lived religion," Hurd charts new territory in the study of religion in global politics. A forceful and timely critique of the politics of promoting religious freedom, Beyond Religious Freedom provides new insights into today's most pressing dilemmas of power, difference, and governance.
Religious freedom is widely recognized today as a basic human right, guaranteed by nearly all national constitutions. Exporting Freedom charts the rise of religious freedom as an ideal firmly enshrined in international law and shows how America's promotion of the cause of individuals worldwide to freely practice their faith advanced its ascent as a global power. Anna Su traces America's exportation of religious freedom in various laws and policies enacted over the course of the twentieth century, in diverse locations and under a variety of historical circumstances. Influenced by growing religious tolerance at home and inspired by a belief in the United States' obligation to protect the persecuted beyond its borders, American officials drafted constitutions as part of military occupations-in the Philippines after the Spanish-American War, in Japan following World War II, and in Iraq after 2003. They also spearheaded efforts to reform the international legal order by pursuing Wilsonian principles in the League of Nations, drafting the United Nations Charter, and signing the Helsinki Accords during the Cold War. The fruits of these labors are evident in the religious freedom provisions in international legal instruments, regional human rights conventions, and national constitutions. In examining the evolution of religious freedom from an expression of the civilizing impulse to the democratization of states and, finally, through the promotion of human rights, Su offers a new understanding of the significance of religion in international relations.
This book attempts to analyse the concept of religious expression vis-a-vis freedom of speech in Malaysia from the philosophical, political and theoretical perspectives. It begins by discussing the major sources of religious expression that are firmly rooted in the societal and religious beliefs, constitution and legislation of the country. It also examines multiple facets of the Islamization policy in the country and to what extent such policy affects the exercise of domestic religious expression. The problems and challenges of domestic religious expression, theoretically and practically, will also be examined including the issues of radicalization and terrorism. After a change of power from the Barisan Nasional (BN) to Pakatan Harapan (PH) in 2018, this book attempts to explain PH's approach in dealing with the issue of Islam and religious expression in Malaysia. Lastly, this book intends to identify and observe how Malaysian society and the state react to the issue of religious expression.
Freedom of religion or belief implies that people have the right to embrace a full range of thoughts and beliefs, including those that others might deem blasphemous; freedom of expression implies that they have the right to speak or write about them publicly. These rights are guaranteed in international documents to which most countries have agreed. Chapter 1 examines and compares the content of laws prohibiting blasphemy ("blasphemy laws") worldwide through the lens of international and human rights law principles. The right to practice your religion freely is one of the cornerstone freedoms we have in the United States. Freedom of religion is in the very first amendment of the Bill of Rights in the Constitution. Other countries take a narrower view of freedom of religion. Some impose an official religion, while others actively persecute those practicing a disfavored religion. Chapter 2 reports on the levels of religious freedom in different countries. The International Religious Freedom Act of 1998, requires the president to issue annually an International Religious Freedom Report and designate the worst violators as Countries of Particular ConcernaCPCsaa country so designated when its government has engaged in or tolerated particularly severe violations of religious freedom. Chapter 3 discusses the efforts of the United States to combat religious freedom violations in Eurasia. The gravity of the situation facing religious freedom in Central Asia is of particular concern. Despite the professed desire to enact more permissive regulations on religious life, the arguments opposing far-reaching reforms are cast in terms of national security and regime stability. The terms of this argument are familiar in Central Asia, not to mention in other parts of the Muslim world, where Islam simultaneously occupied a revered position in national, social, and private life, while also preoccupying national security agencies and regime loyalists who fear its potential to catalyze political opposition and terrorism as reported in chapter 4.
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.
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.
The Politics of the Headscarf in the United States investigates the social and political effects of the practice of Muslim-American women wearing the headscarf (hijab) in a non-Muslim state. The authors find the act of head covering is not politically motivated in the US setting, but rather it accentuates and engages Muslim identity in uniquely American ways. Transcending contemporary political debates on the issue of Islamic head covering, The Politics of the Headscarf in the United States addresses concerns beyond the simple, particular phenomenon of wearing the headscarf itself, with the authors confronting broader issues of lasting import. These issues include the questions of safeguarding individual and collective identity in a diverse democracy, exploring the ways in which identities inform and shape political practices, and sourcing the meaning of citizenship and belonging in the United States through the voices of Muslim-American women themselves. The Politics of the Headscarf in the United States superbly melds quantitative data with qualitative assessment, and the authors smoothly integrate the results of nearly two thousand survey responses from Muslim-American women across forty-nine states. Seventy-two in-depth interviews with Muslim women living in the United States bolster the arguments put forward by the authors to provide an incredibly well-rounded approach to this fascinating topic. Ultimately, the authors argue, women's experiences with identity and boundary construction through their head-covering practices carry important political consequences that may well shed light on the future of the United States as a model of democratic pluralism.
Goes beyond transgender to question the need for gender classification Beyond Trans pushes the conversation on gender identity to its limits: questioning the need for gender categories in the first place. Whether on birth certificates or college admissions applications or on bathroom doors, why do we need to mark people and places with sex categories? Do they serve a real purpose or are these places and forms just mechanisms of exclusion? Heath Fogg Davis offers an impassioned call to rethink the usefulness of dividing the world into not just Male and Female categories but even additional categories of Transgender and gender fluid. Davis, himself a transgender man, explores the underlying gender-enforcing policies and customs in American life that have led to transgender bathroom bills, college admissions controversies, and more, arguing that it is necessary for our society to take real steps to challenge the assumption that gender matters. He examines four areas where we need to re-think our sex-classification systems: sex-marked identity documents such as birth certificates, driver's licenses and passports; sex-segregated public restrooms; single-sex colleges; and sex-segregated sports. Speaking from his own experience and drawing upon major cases of sex discrimination in the news and in the courts, Davis presents a persuasive case for challenging how individuals are classified according to sex and offers concrete recommendations for alleviating sex identity discrimination and sex-based disadvantage. For anyone in search of pragmatic ways to make our world more inclusive, Davis' recommendations provide much-needed practical guidance about how to work through this complex issue. A provocative call to action, Beyond Trans pushes us to think how we can work to make America truly inclusive of all people.
What do Hobby Lobby, InterVarsity Christian Fellowship, Wheaton College, World Vision, the Little Sisters of the Poor, and the University of Notre Dame have in common? All are faith-based organizations that have faced pressure to act in ways contrary to their religious beliefs. In this book, two policy experts show how faith-based groups--those active in the educational, healthcare, international aid and development, and social service fields--can defend their ability to follow their religiously based beliefs without having to jettison the very faith and faith-based practices that led them to provide services to those in need. They present a pluralist vision for religious freedom for faith-based organizations of all religious traditions. The book includes case studies that document the challenges faith-based organizations face to freely follow the practices of their religious traditions and analyzes these threats as originating in a common, yet erroneous, set of assumptions and attitudes prevalent in American society. The book also includes responses by diverse voices--an Orthodox Jew, a Roman Catholic, two evangelicals, two Islamic leaders, and an unbeliever who is a religious-freedom advocate--underscoring the importance of religious freedom for faith-based organizations.
Africa continues to be a region with strong commitments to religious freedom and religious pluralism. These, however, are rarely mere facts on the ground – they are legal, political, social, and theological projects that require considerable effort to realise. This volume – compiling the proceedings of the third annual conference of the African Consortium for Law and Religion Studies – focuses on various issues which vastly effect the understanding of religious pluralism in Africa. These include, amongst others, religious freedom as a human right, the importance of managing religious pluralism, and the permissibility of religious practice and observance in South African public schools.
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.
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.
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. |
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