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Books > Social sciences > Politics & government > Political control & freedoms > Human rights > Religious freedom
Advocacy for religious freedom has become a global project while religion, and the management of religion, has become of increasing interest to scholars across a wider range of disciplines. Rather than adopting the common assumption that religious freedom is simply incompletely realized, the authors in this book suggest that the starting point for understanding religion in public life today should be religious establishment. In the hyper-globalized world of the politics of religious freedom today, a focus on establishments brings into view the cultural assumptions, cosmologies, anthropologies, and institutions which structure religion and religious diversity. Leading international scholars from a diverse range of disciplines explore how countries today live with religious difference and consider how considering establishments reveals the limitations of universal, multicultural, and interfaith models of religious freedom. Examining the various forms religion takes in Tunisia, Canada, Taiwan, South Africa, and the USA, amongst others, this book argues that legal protections for religious freedom can only be understood in a context of socially and culturally specific constraints.
With religion at centre stage in conflicts worldwide, and in social, ethical and geo-political debates, this book takes a timely look at relations between law and religion. To what extent can religion play a role in secular legal systems? How do peoples of various faiths live successfully by both secular laws as well as their religious laws? Are there limits to freedom of religion? These questions are related to legal deliberations and broader discussions around secularism, multiculturalism, immigration, settlement and security. The book is unique in bringing together leading scholars and respected religious leaders to examine legal, theoretical, historical and religious aspects of the most pressing social issues of our time. In addressing each other's concerns, the authors ensure accessibility to interdisciplinary and non-specialist audiences: scholars and students in social sciences, human rights, theology and law, as well as a broader audience engaged in social, political and religious affairs. Five of the book's thirteen chapters address specific contemporary issues in Australia, one of the most ethnically diverse countries in the world and a pioneer of multicultural policies. Australia is a revealing site for contemporary studies in a world afraid of immigration and terrorism. The other chapters deal with political, legal and ethical issues of global significance. In conclusion, the editors propose increasing dialogue with and between religions. Law may intervene in or guide such dialogue by defending the free exchange of religious ideas, by adjudicating disputes over them, or by promoting a civil society that negotiates, rather than litigates.
With religion at centre stage in conflicts worldwide, and in social, ethical and geo-political debates, this book takes a timely look at relations between law and religion. To what extent can religion play a role in secular legal systems? How do peoples of various faiths live successfully by both secular laws as well as their religious laws? Are there limits to freedom of religion? These questions are related to legal deliberations and broader discussions around secularism, multiculturalism, immigration, settlement and security. The book is unique in bringing together leading scholars and respected religious leaders to examine legal, theoretical, historical and religious aspects of the most pressing social issues of our time. In addressing each other's concerns, the authors ensure accessibility to interdisciplinary and non-specialist audiences: scholars and students in social sciences, human rights, theology and law, as well as a broader audience engaged in social, political and religious affairs. Five of the book's thirteen chapters address specific contemporary issues in Australia, one of the most ethnically diverse countries in the world and a pioneer of multicultural policies. Australia is a revealing site for contemporary studies in a world afraid of immigration and terrorism. The other chapters deal with political, legal and ethical issues of global significance. In conclusion, the editors propose increasing dialogue with and between religions. Law may intervene in or guide such dialogue by defending the free exchange of religious ideas, by adjudicating disputes over them, or by promoting a civil society that negotiates, rather than litigates.
This book analyses the right to religious freedom within international law. Analysing legal structures in a variety of both Western and non-Western jurisdictions, the book sets out a topography of the different constitutional structures of religion within the state and their compliance with international human rights law. The book also considers the position of women's religious freedom vis a vis community claims of religious freedom. Taking a rigorous approach to the right, Anat Scolnicov argues that the interpretation and application of religious freedom must be understood as a conflict between individual and group claims of rights, and argues for an individualistic interpretation of this right.
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.
This book informs a renewed movement for fair lending and fair housing. Leading advocates and specialists examine strategic initiatives to realize objectives of the federal Fair Housing Act as well as state and local laws Well-known fair housing and fair lending activists and organizers examine the implications of the new wave of fair housing activism generated by Occupy Wall Street protests and the many successes achieved in fair housing and fair lending over the years. The book reveals the limitations of advocacy efforts and the challenges that remain. Best directions for future action are brought to light by staff of fair housing organizations, fair housing attorneys, community and labor organizers, and scholars who have researched social justice organizing and advocacy movements. The book is written for general interest and academic audiences. Contributors address the foreclosure crisis, access to credit in a changing marketplace, and the immoral hazards of big banks. They examine opportunities in collective bargaining available to homeowners and how low-income and minority households were denied access to historically low home prices and interest rates. Authors question the effectiveness of litigation to uphold the Fair Housing Act's promise of nondiscriminatory home loans and ask how the Consumer Financial Protection Bureau is assuring fair lending. They also look at where immigrants stand, housing as a human right, and methods for building a movement.
Although human rights belong to all persons on the basis of their humanity, this book demonstrates that in the practice of international human rights law, the freedom to be non-religious or atheist does not receive the same protection as the freedom to be religious. Despite the claimed universality of freedom of religion and belief contained in article 18 of the International Covenant on Civil and Political Rights, the key assertion made is that there is a hierarchy of religion and belief, with followers of major established religions enjoying high protection and low regulation at the top, and atheists and non-believers enduring high persecution and weaker protection at the bottom. The existence of this hierarchy is proven and critiqued through three case study chapters that respectively explore the extent to which non-religious and atheist rights-holders enjoy freedom from proselytism, freedom from hate and freedom from the religions of their parents.
This book examines the origins of Australia's constitutional religious freedom provision. It explores, on the one hand, the political activities and motives of religious leaders seeking to give the Australian Constitution a religious character and, on the other, the political activities and motives of a religious minority seeking to prevent the Australian Constitution having a religious character. The book also interrogates the argument advanced at the Federal Convention in favour of section 116, dealing with separation of religion and government, and argues that until now scholars and courts have misunderstood that argument. The book casts new light to show how the origins of the provision lead to section 116 being conceptualised as a safeguard against religious intolerance on the part of the Commonwealth. Written in an accessible style, the work has potential to influence the development of constitutional doctrine by the High Court through its challenge of historical assumptions on which the High Court's current doctrine is based. Given the ongoing political debates concerning the interaction of discrimination law and religious freedom, the book will be of interest to academics and policy-makers working in the areas of law and religion, constitutional law and comparative law.
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.
This book analyzes the promotion and protection of freedom of religion in the international arena with a particular focus on the role and influence of the US International Religious Freedom Act, 1998. It also investigates the impact of the IRFA on the legislation and policies of third countries and the EU. The book develops the story of the protection of religious freedom through foreign policy by showing how religious laws affect and shape a more communitarian dimension of the notion of freedom of religion which stands in contrast with a traditionally Western individualistic understanding of the right. It is argued that it is still possible to defend the unstable category of freedom of religion or belief especially when major violations are at stake. The book presents a balanced contribution to the academic debate on the promotion and protection of religious freedom. The comparative approach and interdisciplinary methodology make it a valuable resource for academics, students and policy-makers in Law, International Relations and Strategic Studies.
Islam is a growing presence practically everywhere in Europe. In Italy, however, Islam has met a unique model of state neutrality, religious freedom and church and state collaboration. This book gives a detailed description of the legal treatment of Muslims in Italy, contrasting it with other European states and jurisprudence, and with wider global tendencies that characterize the treatment of Islam. Through focusing on a series of case studies, the author argues that the relationship between church and state in Italy, and more broadly in Europe, should be reconsidered both to secure religious freedom and general welfare. Working on the concepts of religious freedom, state neutrality, and relationship between church and state, Andrea Pin develops a theoretical framework that combines the state level with the supranational level in the form of the European Convention of Human Rights, which ultimately shapes a unitary but flexible understanding of pluralism. This approach should better accommodate not just Muslims' needs, but religious needs in general in Italy and elsewhere.
The question of to what extent, manifestations of religious beliefs should be permitted in the European public sphere has become a salient and controversial topic in recent years. Despite the increasing interest however, debates have rarely questioned the conventional wisdom that an increase in the range of security measures employed by a government inevitably leads to a decrease in the human rights enjoyed by individuals. This book analyses the relationship between state security regime changes and the right to religious freedom in the EU. It presents a comparative analysis of the impact these regime changes have had on the politics, policies and protections of religious freedom across the EU member states in the post-2001 environment. The book provides a timely investigation into the role of national legislation, the European Court of Human Rights, and societal trends in the protection of religious freedom, and in so doing demonstrates why the relationship between state security and religious freedom is one of the most socially significant challenges facing policymakers and jurists in Europe at the present time.
Drawing on the critical and theoretical concepts of sovereignty, biopolitics, and necropolitics, this book examines how a normative liberal and secular understanding of India s religious identity is translatable by Hindu nationalists into discrimination and violence against minoritized religious communities. Extending these concepts to an analysis of historical, political and legal genealogies of conversion, the author demonstrates how a concern for sovereignty links past and present anti-conversion campaigns and laws. The book illustrates how sovereignty informs the making of secularism as well as religious difference. The focus on sovereignty sheds light on the manner in which religious difference becomes a point of reference for the religio-secular idioms of Bombay cinema, for legal judgements on communal violence, for human rights organizations, and those seeking justice for communal violence. This wide-ranging examination and discussion of the trajectories of (anti) conversion politics through historical, legal, philosophical, popular cultural, archival and ethnographic material offers a cogent argument for shifting the stakes and rethinking the relationship between sovereignty and religious freedom. The book is a timely contribution to broader theoretical and political discussions of (post) secularism and human rights, and is of interest to students and scholars of postcolonial studies, cultural studies, law, and religious studies.
A major American legal thinker, the late Ronald Dworkin also helped shape new dispensations in the Global South. In South Africa, in particular, his work has been fiercely debated in the context of one of the world's most progressive constitutions. Despite Dworkin's discomfort with that document's enshrinement of "socioeconomic rights," his work enables an important defense of a jurisprudence premised on justice, rather than on legitimacy. Beginning with a critical overview of Dworkin's work culminating in his two principles of dignity, Cornell and Friedman turn to Kant and Hegel for an approach better able to ground the principles of dignity Dworkin advocates. Framed thus, Dworkin's challenge to legal positivism enables a theory of constitutional revolution in which existing legal structures are transformatively revalued according to ethical mandates. By founding law on dignity, Dworkin begins to articulate an ethical jurisprudence responsive to the lived experience of injustice. This book, then, articulates a revolutionary constitutionalism crucial to the struggle for decolonization.
During the second half of the nineteenth century and the first half of the twentieth, insurgencies erupted in imperial states and colonies around the world, including Britain's. As Nicole Rizzuto shows, the writings of Ukrainian-born Joseph Conrad, Anglo-Irish Rebecca West, Jamaicans H. G. de Lisser and V. S. Reid, and Kenyan Ng gi wa Thiong'o testify to contested events in colonial modernity in ways that question premises underlying approaches in trauma and memory studies and invite us to reassess divisions and classifications in literary studies that generate such categories as modernist, colonial, postcolonial, national, and world literatures. Departing from tenets of modernist studies and from methods in the field of trauma and memory studies, Rizzuto contends that acute as well as chronic disruptions to imperial and national power and the legal and extra-legal responses they inspired shape the formal practices of literatures from the modernist, colonial, and postcolonial periods.
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.
'An indispensable account' - Sunday Times 'Moving and devastating' - The Literary Review 'An intimate, highly sensory self-portrait' - Sunday Telegraph (Five Stars) FIRST MEMOIR ABOUT CHINA'A 'RE-EDUCATION' CAMPS BY A UYGHUR WOMAN Since 2017, one million Uyghurs have been seized by the Chinese authorities and sent to 're-education' camps, in what the US Government and human rights groups describe as a genocide. Few have made it out to the West. One is Gulbahar Haitiwaji. For three years, she endured hundreds of hours of interrogations, freezing cold, forced sterilisation, and a programme of de-personalisation meant to destroy her free will and her memories. This intimate account reveals the long-suppressed truth about China's gulag. It tells the story of a woman confronted by an all-powerful state bent on crushing her spirit - and her battle for freedom and dignity. Extract 'In the camps, the 're-education' process applies the same remorseless method to destroying all its victims. It starts out by stripping you of your individuality. It takes away your name, your clothes, your hair. There is nothing now to distinguish you from anyone else. 'Then the process takes over your body by subjecting it to a hellish routine: being forced to repeatedly recite the glories of the Communist Party for eleven hours a day in a windowless classroom. Falter, and you are punished. So you keep on saying the same things over and over again until you can't feel, can't think anymore. You lose all sense of time. First the hours, then the days.' - Gulbahar Haitiwaji Reviews 'Gulbahar's memoir is an indispensable account, which makes vivid the stench of fearful sweat in the cells, the newly built prison's permanent reek of white pain. It closely corresponds with other witness statements, giving every indication of being very reliable. Most impressive is her psychological honesty.' - John Phipps, Sunday Times 'Huge efforts have been made to obfuscate the realities of life in the camps (even speaking openly in Xinjiang about them can lead to incarceration). Although their existence has been well documented abroad and grudgingly admitted by the Chinese state, relatively few first-hand accounts of what actually goes on inside them have emerged. One is Gulbahar Haitiwaji's moving and devastating How I Survived a Chinese 'Re-education' Camp.' - Roderic Wye, Literary Review 'There follows an intimate, highly sensory self-portrait, created with the help of Rozenn Morgat (a journalist with Le Figaro), of an educated woman passing through a system that appears at turns cruel, paranoid, capricious and devastatingly effective. It begins with the confiscation of Haitiwaji's passport and a police interrogation during which she is shown a photograph of her daughter attending a Uyghur demonstration in Paris. One of the interrogators starts bawling at her - "Your daughter's a terrorist!" and before long Haitiwaji is plunged into a bewildering world of shackles, bunks and beaten-earth floors; grey gruel and stale bread served up by deaf-mute cooks selected for their silence; the sounds and smells of the communal toilet-bucket; and the buzz of security camera motors as they scan the cell.' ***** - Christopher Harding, Sunday Telegraph Translated from the French book Rescapee du goulag chinois (Equateurs), How I Survived a Chinese Reeducation Camp is a riveting insight into an authoritarian world. A true story, it reads like a 21st Century version of George Orwell's 1984 set in modern China.
The issue of religious liberty has gained ever-increasing attention among policy makers and the public at large. 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 dating back to Adam Smith, 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.
Click here to see a video interview with Emelio Betances. Click here to access the tables referenced in the book. Since the 1960s, the Catholic Church has acted as a mediator during social and political change in many Latin American countries, especially the Dominican Republic, Bolivia, Guatemala, Nicaragua, and El Salvador. Although the Catholic clergy was called in during political crises in all five countries, the situation in the Dominican Republic was especially notable because the Church's role as mediator was eventually institutionalized. Because the Dominican state was persistently weak, the Church was able to secure the support of the Balaguer regime (1966 1978) and ensure social and political cohesion and stability. Emelio Betances analyzes the particular circumstances that allowed the Church in the Dominican Republic to accommodate the political and social establishment; the Church offered non-partisan political mediation, rebuilt its ties with the lower echelons of society, and responded to the challenges of the evangelical movement. The author's historical examination of church-state relations in the Dominican Republic leads to important regional comparisons that broaden our understanding of the Catholic Church in the whole of Latin America."
Emma Goldman's Supreme Court appeal occurred during a transitional point for First Amendment law, as justices began incorporating arguments related to free expression into decisions on espionage and sedition cases. This project analyzes the communications that led to her arrest-writings in Mother Earth, a mass-mailed manifesto, and speeches related to compulsory military service during World War I-as well as the ensuing legal proceedings and media coverage. The authors place Goldman's Supreme Court appeal in the context of the more famous Schenck and Abrams trials to demonstrate her place in First Amendment history while providing insight into wartime censorship and the attitude of the mainstream press toward radical speech.
Voices of Freedom: The Middle East and North Africa showcases essays from activists, journalists, novelists, and scholars whose areas of expertise include free speech, peace and reconciliation, alterity-otherness, and Middle Eastern and North African religions and literatures. Co-edited by TCU colleagues Rima Abunasser and Mark Dennis, the volume is meant to serve as a vehicle for giving dignity and depth to the peoples of these regions by celebrating courageous voices of freedom trying to respond to fundamental, often devastating, changes on the ground, including the Arab Spring, the Syrian refugee crisis, and the rise of the Islamic State. Writing in both the first- and third-person, essayists offer deeply moving portraits of voices that cry out for freedom in chaotic, and often violent, circumstances. Voices of Freedom is aimed at college classes that address the many ways in which freedom intersects with politics, religion, and other elements in the societies of these dynamic and diverse regions. It will serve as a valuable primary source for college teachers interested in exploring with their students the struggle for freedom in non-Western and transnational cultural contexts. The volume is also meant to attract other audiences, including readers from the general public interested in learning about inspirational people from parts of the world about which Americans and other English-speaking peoples are generally unfamiliar.
An introduction to antiracism, a powerful tradition crucial for energizing American democracy On August 12, 2017, in Charlottesville, Virginia, a rally of white nationalists and white supremacists culminated in the death of a woman murdered in the street. Those events made clear that racism is alive and well in the United States of America. However, they also brought into sharp relief another American tradition: antiracism. While racists marched and chanted in the streets, they were met and matched by even larger numbers of protesters calling for racism's end. Racism is America's original and most enduring sin, with well-known historic and contemporary markers: slavery, lynching, Jim Crow, redlining, mass incarceration, police brutality. But racism has always been challenged by an opposing political theory and practice. Alex Zamalin's Antiracism tells the story of that opposition. The most theoretically generative and politically valuable source of antiracist thought has been the black American intellectual tradition. While other forms of racial oppression-for example, anti-Semitism, Islamophobia, and anti-Latino racism-have been and continue to be present in American life, antiblack racism has always been the primary focus of American antiracist movements. From antislavery abolition to the antilynching movement, black socialism to feminism, the long Civil Rights movement to the contemporary Movement for Black Lives, Antiracism examines the way the black antiracist tradition has thought about domination, exclusion, and power, as well as freedom, equality, justice, struggle, and political hope in dark times. Antiracism is an accessible introduction to the political theory of black American antiracism, through a study of the major figures, texts, and political movements across US history. Zamalin argues that antiracism is a powerful tradition that is crucial for energizing American democracy.
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.
Since at least the attacks of September 11, 2001, one of the most pressing political questions of the age has been whether Islam is hostile to religious freedom. Daniel Philpott examines conditions on the ground in forty-seven Muslim-majority countries today and offers an honest, clear-eyed answer to this urgent question. It is not, however, a simple answer. From a satellite view, the Muslim world looks unfree. But, Philpott shows, the truth is much more complex. Some one-fourth of Muslim-majority countries are in fact religiously free. Of the other countries, about forty percent are governed not by Islamists but by a hostile secularism imported from the West, while the other sixty percent are Islamist. The picture that emerges is both honest and hopeful. Yes, most Muslim-majority countries are lacking in religious freedom. But, Philpott argues, the Islamic tradition carries within it "seeds of freedom," and he offers guidance for how to cultivate those seeds in order to expand religious freedom in the Muslim world and the world at large. It is an urgent project. Religious freedom promotes goods like democracy and the advancement of women that are lacking in the Muslim-majority world and reduces ills like civil war, terrorism, and violence. Further, religious freedom is simply a matter of justice-not an exclusively Western value, but rather a universal right rooted in human nature. Its realization is critical to the aspirations of religious minorities and dissenters in Muslim countries, to Muslims living in non-Muslim countries or under secular dictatorships, and to relations between the West and the Muslim world. In this thoughtful book, Philpott seeks to establish a constructive middle ground in a fiery and long-lasting debate over Islam.
Meetings with remarkable activists since the 1960s American social change movements dominated the 1960s and 1970s, an era brought about and influenced not by a handful of celebrity activists but by people who cared. These history makers together transformed the political and spiritual landscape of America and laid the foundation for many of the social movements that exist today. Through a series of 43 vignettes-tight biographical sketches of the characters and intimate memories of her personal encounters with them-the author creates a collective portrait of the rebels, artists, radicals, and thinkers who through word and action raised many of the issues of justice, the environment, feminism, and colonialism that we are now familiar with. From Berkeley to Bolivia, from New York to New Mexico, a complex, multi-layered radical history unfolds through the stories and lives of the characters. From Marty Schiffenhauer, who fought through the first rent-control law in the United States, to Ponderosa Pine, who started the All-Species Parade and never wore shoes, to Dan and Patricia Ellsberg, who released the Pentagon Papers and became life-long anti-war and antinuclear activists, the portraits bring out some of the vibrant, irreverent energy, the unswerving commitment, and the passion for life of these generations of activists. In our present moment, as many people find themselves in the streets protesting for the first time in their lives, In the Company of Rebels makes the connection to this relatively recent rebellious era. As the author comments on her own twenty-year old self, sitting at the counter of Cody's Books in Berkeley in the early 1970s, thrilled about the times but oblivious of the work that came before: "I didn't know anything about this courageous and colorful past. But now I know." |
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