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Books > Social sciences > Politics & government > Political control & freedoms > Human rights > Religious freedom
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.
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.
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.
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.
This book examines the existing constitutional and legal system in England, Wales and Scotland, through the prism of its treatment of religion and belief. The study encompasses questions of Church/state relations, but pushes far beyond these. It asks whether the approach to religion which has spread out from establishment to permeate the whole legal framework is a cause of concern or celebration in relation to individual and collective freedoms. The primary focus of the work is the synergy between the religious dimension of the juridical system and the fundamental pillars of the Constitution (parliamentary sovereignty, the rule of law, separation of powers and human rights). Javier Garcia Oliva and Helen Hall challenge the view that separation between public and religious authorities is the most conducive means of nurturing a free and democratic society in modern Britain. The authors explore whether, counter-intuitively for some, the religious dynamic to the legal system actually operates to safeguard liberties, and has a role in generating an inclusive and adaptable backdrop for our collective life. They suggest that the present paradigm brings benefits for citizens of all shades of religious belief and opinion (including Atheist and Humanist perspectives), as well as secondary advantages for those with profound beliefs on non-religious matters, such as pacifism and veganism. In support of their contentions, Garcia Oliva and Hall examine how the religious dimension of the legal framework operates to further essential constitutional principles in diverse settings, ranging from criminal to family law. In a groundbreaking move, the authors also set the legal discussion alongside its social and cultural context. They consider how the theological perspectives of the larger faith traditions might influence members' ideas around the key constitutional precepts, and they include extracts from interviews which give the personal perspective of more than 100 individuals on contemporary issues of law and religious freedom. These voices are drawn from a range of fields and positions on faith. While the authors are at pains to stress that these sections do not support or advance their legal or theological conclusions, they do provide readers with a human backdrop to the discussion, and demonstrate its crucial importance in twenty-first century Britain.
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.
Asia as a continent accounts for half the world's population. Within its boundaries, there is an incomparable diversity of cultures, socio-economic standards and political structures. And all the world's major religions-Hinduism, Islam, Judaism, Buddhism and Christianity-have their origins in Asia. Little wonder that religion is always involved in the flash points that occur across the region. Religious freedom and religious persecution knows no boundaries and are alive and well in all their complexions from Korea in the north to Indonesia in the south, from the Philippines in the east to Pakistan in the west. And UCAN has reporters and analysts across Asia's full extent. We have brought our unique network to the task of examining and the evaluating the prospects for religious freedom and the causes of religious persecution in Asia. As rational beings, we humans actualize our highest capacity when we make choices. For that exercise we need freedom. At the heart of all freedoms-political, economic and cultural especially-is the freedom to believe. Religious freedom is the fundamental freedom. Belief and its restriction attack the heart of freedom. But the circumstances and conditions of religious freedom and the persecution of believers vary greatly across the continent. The range and reach of those circumstances and conditions across Asia are what this volume offers.
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.
Rival understandings of the meaning and practice of the religious and the secular lead to rival public perspectives about religion and religious freedom in North America. This book explores how debates over the American Office of Religious Freedom and its International Religious Freedom Act (IRFA, 1998) and very recent debates over the Canadian Office of Religious Freedom (2013) have pitted at least six basic, but very different meanings of the religious and the secular against each other in often undisclosed and usually unproductive ways. Properly naming this 'religious problem' is a critical first step to acknowledging and conciliating their practically polar political prescriptions. It must be considered how we are to think about religion in political offices, both the Canadian and the American experience, as an essentially contested term, and one which demands better than postmodern paralysis, what the author terms political theology. This is especially critical since both of these cases are not just about how to deal with religion at home, but how to engage with religion abroad, where real peril, and real practical policy must be undertaken to protect increasingly besieged religious minorities. Finally, a principled pluralist approach to the religious and the secular suggests a way to think outside the 'religious problem' and productively enlist and engage the forces of religion resurging around the globe. The book will be of great use to scholars and students in religion and foreign affairs, secularization, political theology, and political theory, as well as professionals and policy makers working in issues relating to religion, religious freedom, and foreign affairs.
This book is a unique collection of alternative Muslim voices, predominantly from Europe, who come from a variety backgrounds--academia, theology, acting, activism--and who make a transformational contribution to the debate of the future of Islam and Muslims in the West. They are a selection, representing the silent majority voices many in the West so desperately want to hear.Contributors are based in a variety of European and American cities, mainly in areas where there are large number of Muslim immigrant populations. Some discuss theological issues, while others talk about their personal struggles of being a Muslim in a non-Muslim setting and hearing conflicting messages about how one is supposed to behave as a "true Muslim." They come from different ethnicities and different social and academic backgrounds.
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."
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."
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 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.
The Politics of the Headscarf in the United States investigates the social and political effects of the practice of Muslim-American women wearing the headscarf (hijab) in a non-Muslim state. The authors find the act of head covering is not politically motivated in the US setting, but rather it accentuates and engages Muslim identity in uniquely American ways. Transcending contemporary political debates on the issue of Islamic head covering, The Politics of the Headscarf in the United States addresses concerns beyond the simple, particular phenomenon of wearing the headscarf itself, with the authors confronting broader issues of lasting import. These issues include the questions of safeguarding individual and collective identity in a diverse democracy, exploring the ways in which identities inform and shape political practices, and sourcing the meaning of citizenship and belonging in the United States through the voices of Muslim-American women themselves. The Politics of the Headscarf in the United States superbly melds quantitative data with qualitative assessment, and the authors smoothly integrate the results of nearly two thousand survey responses from Muslim-American women across forty-nine states. Seventy-two in-depth interviews with Muslim women living in the United States bolster the arguments put forward by the authors to provide an incredibly well-rounded approach to this fascinating topic. Ultimately, the authors argue, women's experiences with identity and boundary construction through their head-covering practices carry important political consequences that may well shed light on the future of the United States as a model of democratic pluralism.
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.
Throughout American history, legal battles concerning the First Amendment's protection of religious liberty have been among the most contentious issue of the rights guaranteed by the United States Constitution. Religious Liberty and the American Supreme Court: The Essential Cases and Documents represents the most authoritative and up-to-date overview of the landmark cases that have defined religious freedom in America. Noted religious liberty expert Vincent Philip Munoz (Notre Dame) provides carefully edited excerpts from over fifty of the most important Supreme Court religious liberty cases. In addition, Munoz's substantive introduction offers an overview on the constitutional history of religious liberty in America. Introductory headnotes to each case provides the constitutional and historical context. Religious Liberty and the American Supreme Court is an indispensable resource for anyone interested matters of religious freedom from the Republic's earliest days to current debates.
What does it mean to be black in a nation increasingly infatuated with colorblindness? In The Tie That Binds, Andrea Y. Simpson seeks to answer this crucial question through the prism of ethnic and political identification. Historically, African Americans have voted overwhelmingly Democratic in governmental elections. In recent years, however, politically conservative blacks--from Clarence Thomas to Louis Farrakhan to Ward Connerly-have attracted much of the media's gaze. What is the nature of black conservatives' constituency, and is it as strong and numerous as conservatives would have us believe? To what extent, if at all, does black conservatism stem from a weakened sense of collective racial identity? Simpson tackles the peculiar institution of black conservatism by interviewing college students to determine their political attitudes and the ways in which these are shaped. The result is a penetrating interrogation of the relations between political affiliation, racial identity, and class situation.
Looking beyond exclusively state-oriented solutions to the management of religious diversity, this book explores ways of fostering respectful, non-violent and welcoming social relations among religious communities. It examines the question of how to balance religious diversity, individual rights and freedoms with a common national identity and moral consensus. The essays discuss the interface between state and civil society in 'secular' countries and look at case studies from the the West and India. They study themes such as religious education, religious diversity, pluralism, inter-religious relations and exchanges, dalits and religion, and issues arising from the lived experience of religious diversity in various countries. The volume asserts that if religious violence crosses borders, so do ideas about how to live together peacefully, theological reflection on pluralism, and lived practices of friendship across the boundaries of religious identity-groupings. Bringing together interdisciplinary scholarship from across the world, the book will interest scholars and students of philosophy, religious studies, political science, sociology and history.
Most Jewish communities continue to cite intermarriage as the most serious threat to Jewish continuity. Contrary to this view, The A-Z of Intermarriage reveals that intermarriage is a force for good in the lives of Jewish families and communities. Written by Rabbi Denise Handlarski, an intermarried rabbi, The A-Z of Intermarriage is part story, part strategy, and all heart. Fun to read and full of helpful and practical tips and tools for couples and families, this book is the perfect "how-to" manual for living a happy and balanced intermarried life.
Religious discrimination is the norm in many countries around the world, and the rate is rising. Nearly every country which discriminates does so unequally, singling out some religious minorities for more discrimination than others. Religious tradition does not explain this complex issue. For example, Muslim majority states include both the most discriminatory and tolerant states in the world, as is also the case with Christian majority states. Religious ideologies, nationalism, regime, culture, security issues, and political issues are also all part of the answer. In The Unfree Exercise of Religion Jonathan Fox examines how we understand concepts like religious discrimination and religious freedom, and why countries discriminate. He makes a study of religious discrimination against 597 religious minorities in 177 countries between 1990 and 2008. While 29 types of discrimination are discussed in this book, the most common include restrictions in places of worship, proselytizing, and religious education.
The United States is the world's leading foreign aid donor. Yet there has been little inquiry into how such assistance affects the politics and societies of recipient nations. Drawing on four decades of data on U.S. economic and military aid, Aiding and Abetting explores whether foreign aid does more harm than good. Jessica Trisko Darden challenges long-standing ideas about aid and its consequences, and highlights key patterns in the relationship between assistance and violence. She persuasively demonstrates that many of the foreign aid policy challenges the U.S. faced in the Cold War era, such as the propping up of dictators friendly to U.S. interests, remain salient today. Historical case studies of Indonesia, El Salvador, and South Korea illustrate how aid can uphold human freedoms or propagate human rights abuses. Aiding and Abetting encourages both advocates and critics of foreign assistance to reconsider its political and social consequences by focusing international aid efforts on the expansion of human freedom.
The central focus of this collection of essays is the role and place of freedom of religion in the protection and promotion of world order. The volume offers competing models of world order from a global perspective and highlights the lack of consensus and considerable variety of practice and belief around the globe as to the definition of religious freedom and where and whether freedom of religion is regarded as the first freedom in the world. The leading theories of freedom of religion are discussed and provide an understanding of freedom of religion beyond the nation state. The liberal view at the global level is also examined and observations are included regarding the need to rethink secularism in the light of present circumstances and within the global context.
What happens to people and the societies in which they live after genocide? How are the devastating events remembered on the individual and collective levels, and how do these memories intersect and diverge as the rulers of postgenocidal states attempt to produce a monolithic "truth" about the past? In this important volume, leading anthropologists consider such questions about the relationship of genocide, truth, memory, and representation in the Balkans, East Timor, Germany, Guatemala, Indonesia, Nigeria, Rwanda, Sudan, and other locales. Specialists on the societies about which they write, these anthropologists draw on ethnographic research to provide on-the-ground analyses of communities in the wake of mass brutality. They investigate how mass violence is described or remembered, and how those representations are altered by the attempts of others, from NGOs to governments, to assert "the truth" about outbreaks of violence. One contributor questions the neutrality of an international group monitoring violence in Sudan and the assumption that such groups are, at worst, benign. Another examines the consequences of how events, victims, and perpetrators are portrayed by the Rwandan government during the annual commemoration of that country's genocide in 1994. Still another explores the silence around the deaths of between eighty and one hundred thousand people on Bali during Indonesia's state-sponsored anticommunist violence of 1965-1966, a genocidal period that until recently was rarely referenced in tourist guidebooks, anthropological studies on Bali, or even among the Balinese themselves. Other contributors consider issues of political identity and legitimacy, coping, the media, and "ethnic cleansing." "Genocide: Truth, Memory, and Representation" reveals the major contribution that cultural anthropologists can make to the study of genocide. "Contributors." Pamela Ballinger, Jennie E. Burnet, Conerly Casey, Elizabeth Drexler, Leslie Dwyer, Alexander Laban Hinton, Sharon E. Hutchinson, Uli Linke, Kevin Lewis O'Neill, Antonius C. G. M. Robben, Debra Rodman, Victoria Sanford
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. |
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