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Books > Social sciences > Politics & government > Political control & freedoms > Human rights > Religious freedom
From iPhones and clothing to jewelry and food, the products those of us in the developed world consume and enjoy exist only through the labor and suffering of countless others. In his new book Bruce Robbins examines the implications of this dynamic for humanitarianism and social justice. He locates the figure of the "beneficiary" in the history of humanitarian thought, which asks the prosperous to help the poor without requiring them to recognize their causal role in the creation of the abhorrent conditions they seek to remedy. Tracing how the beneficiary has manifested itself in the work of George Orwell, Virginia Woolf, Jamaica Kincaid, Naomi Klein, and others, Robbins uncovers a hidden tradition of economic cosmopolitanism. There are no easy answers to the question of how to confront systematic inequality on a global scale. But the first step, Robbins suggests, is to acknowledge that we are, in fact, beneficiaries.
For millions of Catholic believers, pilgrimage has offered possible answers to the mysteries of sickness, life, and death. The Persistence of the Sacred explores the religious worldviews of Europeans who travelled to Trier and Aachen, two cities in Western Germany, to view the sacred relics in their cathedrals. The Persistence of the Sacred challenges the narrative of widespread secularization in Europe during the long nineteenth century and reveals that religious practices thrived well into the modern period. It shows both that men were more active in their faith than historians have realized and how clergy and pilgrims did not always agree about the meaning of relics. Drawing on private ephemeral and material sources including films, photographs, postcards, correspondence, and souvenirs, Skye Doney uncovers the enduring and diverse sacred worldview of German Catholics and argues that laity and clergy had very different perspectives on the meaning of pilgrimage. Recovering the history of Catholic pilgrimage, The Persistence of the Sacred aims to understand the relationship between relics and religiosity, between modernity and faith, and between humanity and God.
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.
Examining the law and public policy relating to religious liberty in Western liberal democracies, this book contains a detailed analysis of the history, rationale, scope, and limits of religious freedom from (but not restricted to) an evangelical Christian perspective. Focussing on United Kingdom, the United States, Canada, New Zealand, Australia, and EU, it studies the interaction between law and religion at several different levels, looking at the key debates that have arisen. Divided into three parts, the book begins by contrasting the liberal and Christian rationales for and understandings of religious freedom. It then explores central thematic issues: the types of constitutional frameworks within which any right to religious exercise must operate; the varieties of paradigmatic relationships between organized religion and the state; the meaning of 'religion'; the limitations upon individual and institutional religious behaviour; and the domestic and international legal mechanisms that have evolved to address religious conduct. The final part explores key subject areas where current religious freedom controversies have arisen: employment; education; parental rights and childrearing; controls on pro-religious and anti-religious expression; medical treatment; and religious group (church) autonomy. This new edition is fully updated with the growing case law in the area, and features increased coverage of Islam and the flashpoint debates surrounding the accommodation of Muslim beliefs and practices in Anglophone nations.
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.
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.
In the United States and Europe, an increasing emphasis on equality has pitted rights claims against each other, raising profound philosophical, moral, legal, and political questions about the meaning and reach of religious liberty. Nowhere has this conflict been more salient than in the debate between claims of religious freedom, on one hand, and equal rights claims made on the behalf of members of the lesbian, gay, bisexual, and transgender (LGBT) community, on the other. As new rights for LGBT individuals have expanded in liberal democracies across the West, longstanding rights of religious freedom - such as the rights of religious communities to adhere to their fundamental teachings, including protecting the rights of conscience; the rights of parents to impart their religious beliefs to their children; and the liberty to advance religiously-based moral arguments as a rationale for laws - have suffered a corresponding decline. Timothy Samuel Shah, Thomas F. Farr, and Jack Friedman's volume, Religious Freedom and Gay Rights brings together some of the world's leading thinkers on religion, morality, politics, and law to analyze the emerging tensions between religious freedom and gay rights in three key geographic regions: the United States, the United Kingdom, and continental Europe. What implications will expanding regimes of equality rights for LGBT individuals have on religious freedom in these regions? What are the legal and moral frameworks that govern tensions between gay rights and religious freedom? How are these tensions illustrated in particular legal, political, and policy controversies? And what is the proper way to balance new claims of equality against existing claims for freedom of religious groups and individuals? Religious Freedom and Gay Rights offers several explorations of these questions.
The history of human beings bought and sold, forced into lives of abject servitude or sexual slavery, is a story as old as civilization and yet still of global concern today. How this story is told, Julietta Hua argues, says much about our cultural beliefs. Through a critical inquiry into representations of human trafficking, she reveals the political, social, and cultural strains underlying our current preoccupation with this issue and the difficulty of framing human rights in universal terms. In "Trafficking Women's Human Rights," Hua maps the ways in which government, media, and scholarship have described sex trafficking for U.S. consumption. As her investigation takes us from laws like the Victims of Trafficking and Violence Protection Act to political speeches and literary and media images, it uncovers dark assumptions about race, difference, and the United States' place in the world expressed--and often promoted--by such images. The framing itself, exploiting dichotomies of victim/agent, rescued/rescuer, trafficked/smuggled, illustrates the limits of universalism in addressing human rights. Uniquely broad in scope, this work considers the laws of human
trafficking in conjunction with popular culture. In doing so, it
constructively draws attention to the ways in which notions of
racialized sexualities form our ideas about national belonging,
global citizenship, and, ultimately, human rights.
Examining the law and public policy relating to religious liberty in Western liberal democracies, this book contains a detailed analysis of the history, rationale, scope, and limits of religious freedom from (but not restricted to) an evangelical Christian perspective. Focussing on United Kingdom, the United States, Canada, New Zealand, Australia, and EU, it studies the interaction between law and religion at several different levels, looking at the key debates that have arisen. Divided into three parts, the book begins by contrasting the liberal and Christian rationales for and understandings of religious freedom. It then explores central thematic issues: the types of constitutional frameworks within which any right to religious exercise must operate; the varieties of paradigmatic relationships between organized religion and the state; the meaning of 'religion'; the limitations upon individual and institutional religious behaviour; and the domestic and international legal mechanisms that have evolved to address religious conduct. The final part explores key subject areas where current religious freedom controversies have arisen: employment; education; parental rights and childrearing; controls on pro-religious and anti-religious expression; medical treatment; and religious group (church) autonomy. This new edition is fully updated with the growing case law in the area, and features increased coverage of Islam and the flashpoint debates surrounding the accommodation of Muslim beliefs and practices in Anglophone nations.
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.
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 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 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.
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.
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.
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.
State takeovers of local governments have garnered national attention of late, particularly following the water crisis in Flint, Michigan. In most U.S. cities, local governments are responsible for decisions concerning matters such as the local water supply and school affairs. However, once a state takes over, this decision-making capability is shuttled. Despite the widespread attention that takeovers in Flint and Detroit have gained, we know little about how such takeovers-a policy option that has been in use since the 1980s-affect political power in local communities. By focusing on takeovers of local school districts, this book offers the first systematic study of state takeovers of local governments. Although many major U.S. cities have experienced state takeovers of their local school districts, we know little about the political causes and consequences of takeovers. Complicating this phenomenon are the justifications for state takeokers; while they are assumedly based on concerns with poor academic performance, questions of race and political power play a critical role in the takeover of local school districts. However, Domingo Morel brings clarity to these questions and limitations-he examines the factors that contribute to state takeovers as well as the effects and political implications of takeovers on racialized communities, the communities most often affected by them. Morel both lays out the conditions under which the policy will disempower or empower racial and ethnic minority populations, and expands our understanding of urban politics. Morel argues that state interventions are a part of the new normal for cities and offers a novel theoretical framework for understanding the presence of the state in America's urban areas. The book is built around an original study of nearly 1000 school districts, including every school district that has been taken over by their respective state, and a powerful case study of Newark, New Jersey.
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.
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.
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.
A critical investigation into the use of psychotropic drugs to pacify and control inmates and other captives in the vast U.S. prison, military, and welfare systems For at least four decades, U.S. prisons and jails have aggressively turned to psychotropic drugs-antidepressants, antipsychotics, sedatives, and tranquilizers-to silence inmates, whether or not they have been diagnosed with mental illnesses. In Silent Cells, Anthony Ryan Hatch demonstrates that the pervasive use of psychotropic drugs has not only defined and enabled mass incarceration but has also become central to other forms of captivity, including foster homes, military and immigrant detention centers, and nursing homes. Silent Cells shows how, in shockingly large numbers, federal, state, and local governments and government-authorized private agencies pacify people with drugs, uncovering patterns of institutional violence that threaten basic human and civil rights. Drawing on publicly available records, Hatch unearths the coercive ways that psychotropics serve to manufacture compliance and docility, practices hidden behind layers of state secrecy, medical complicity, and corporate profiteering. Psychotropics, Hatch shows, are integral to "technocorrectional" policies devised to minimize public costs and increase the private profitability of mass captivity while guaranteeing public safety and national security. This broad indictment of psychotropics is therefore animated by a radical counterfactual question: would incarceration on the scale practiced in the United States even be possible without psychotropics?
This interdisciplinary volume examines the relationship between secularism, freedom of religion and human rights in legal, theoretical, historical and political perspective. It brings together chapters from leading scholars of human rights, law and religion, political theory, religious studies and history, and provides insights into the state of the debate about the relationship between these concepts. Comparative in orientation, its chapters draw on constitutional and political discourses and experience not only from Western Europe and the United States, but also from India, the Arab world, and Malaysia. |
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