Beginning in the 1880s, the economic realities and class dynamics of popular northern resort towns unsettled prevailing assumptions about political economy and threatened segregationist practices. Exploiting early class divisions, black working-class activists staged a series of successful protests that helped make northern leisure spaces a critical battleground in a larger debate about racial equality. While some scholars emphasize the triumph of black consumer activism with defeating segregation, Goldberg argues that the various consumer ideologies that first surfaced in northern leisure spaces during the Reconstruction era contained desegregation efforts and prolonged Jim Crow. Combining intellectual, social, and cultural history, The Retreats of Reconstruction examines how these decisions helped popularize the doctrine of "separate but equal" and explains why the politics of consumption is critical to understanding the "long civil rights movement."

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.

The narratives of slaves, wives, and servants who resisted social and domestic violence in the nineteenth century In the early nineteenth century, Peter Wheeler, a slave to Gideon Morehouse in New York, protested, “Master, I won’t stand this,” after Morehouse beat Wheeler’s hands with a whip. Wheeler ran for safety, but Morehouse followed him with a shotgun and fired several times. Wheeler sought help from people in the town, but his eventual escape from slavery was the only way to fully secure his safety. Everyday Crimes tells the story of legally and socially dependent people like Wheeler—free and enslaved African Americans, married white women, and servants—who resisted violence in Massachusetts and New York despite lacking formal protection through the legal system. These “dependents” found ways to fight back against their abusers through various resistance strategies. Individuals made it clear that they wouldn’t stand the abuse. Developing relationships with neighbors and justices of the peace, making their complaints known within their communities, and, occasionally, resorting to violence, were among their tactics. In bearing their scars and telling their stories, these victims of abuse put a human face on the civil rights issues related to legal and social dependency, and claimed the rights of individuals to live without fear of violence.

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.

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.

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.

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.

A second edition of the classic introduction to arts in social movements, fully updated and now including Black Lives Matter, Occupy Wall Street, and new digital and social media forms of cultural resistance The Art of Protest, first published in 2006, was hailed as an "essential" introduction to progressive social movements in the United States and praised for its "fluid writing style" and "well-informed and insightful" contribution (Choice Magazine). Now thoroughly revised and updated, this new edition of T. V. Reed's acclaimed work offers engaging accounts of ten key progressive movements in postwar America, from the African American struggle for civil rights beginning in the 1950s to Occupy Wall Street and Black Lives Matter in the twenty-first century. Reed focuses on the artistic activities of these movements as a lively way to frame progressive social change and its cultural legacies: civil rights freedom songs, the street drama of the Black Panthers, revolutionary murals of the Chicano movement, poetry in women's movements, the American Indian Movement's use of film and video, anti-apartheid rock music, ACT UP's visual art, digital arts in #Occupy, Black Lives Matter rap videos, and more. Through the kaleidoscopic lens of artistic expression, Reed reveals how activism profoundly shapes popular cultural forms. For students and scholars of social change and those seeking to counter reactionary efforts to turn back the clock on social equality and justice, the new edition of The Art of Protest will be both informative and inspiring.

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.

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 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.

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?

How do we define 'religion'? For Native Americans, religious freedom has been an elusive goal. From nineteenth-century bans on indigenous ceremonial practices to twenty-first-century legal battles over sacred lands, peyote use, and hunting practices, the U.S. government has often acted as if Indian traditions were somehow not truly religious and therefore not eligible for the constitutional protections of the First Amendment. In this book, Tisa Wenger shows that cultural notions about what constitutes 'religion' are crucial to public debates over religious freedom.In the 1920s, Pueblo Indian leaders in New Mexico and a sympathetic coalition of non-Indian reformers successfully challenged government and missionary attempts to suppress Indian dances by convincing a skeptical public that these ceremonies counted as religion. This struggle for religious freedom forced the Pueblos to employ Euro-American notions of religion, a conceptual shift with complex consequences within Pueblo life. Long after the dance controversy, Wenger demonstrates, dominant concepts of religion and religious freedom have continued to marginalize indigenous traditions within the United States.

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.

"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.

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.

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.

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 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.

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.

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.

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.

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.

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.