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Holy sites are often at the center of intense contestation between
different groups regarding a wide variety of issues, including
ownership, access, usage rights, permissible religious conduct, and
many others. They are often the source of intractable long-standing
conflicts and extreme violence. These difficulties are exemplified
by the five sites profiled in Governing the Sacred : Devils Tower
National Monument (Wyoming, US), Babri Masjid/Ram Janmabhoomi
(Uttar-Pradesh, India), the Western Wall (Jerusalem), the Church of
the Holy Sepulchre (Jerusalem), and the Temple Mount/Haram
esh-Sharif (Jerusalem). Telling the fascinating stories of these
high-profile contested sites, the authors develop and critically
explore five different models of governing such sites:
"non-interference," "separation and division," "preference,"
"status-quo," and "closure." Each model relies on different sets of
considerations; central among them are trade-offs between religious
liberty and social order. This novel typology aims to assist
democratic governments in their attempt to secure public order and
mutual toleration among opposed groups in contested sacred sites.
The institutional entanglement of religion and government takes
many forms, including direct governmental funding of religious
associations, legal recognition, and governmental endorsement of
religious symbols in public spaces. The entanglement of church and
state remains contentious in many democratic countries today. In
fact, in Europe and North America, there are a growing number of
instances of governments becoming entwined with religious matters.
Worldly Politics and Divine Institutions explores the entanglement
of religion and government in a comparative analysis of four cases
within democratic countries: the British Jewish Free School (JFS)
case, in which the U.K. Supreme Court forced a government-funded
faith school to change its admission policies; The European Court
of Human Rights decision in Martinez, in which the Catholic church
kept its right to dismiss religion teachers within the Spanish
public school system; The Lautsi case, in which the Italian
government successfully defended its policy of mandating a crucifix
in all public school classrooms - at the European Court of Human
Rights; and the case of the Bladensburg World War I Memorial (often
called the Peace Cross) in Maryland, in which the U.S. Supreme
Court ruled that the cross's public placement and maintenance
funding does not violate the non-establishment clause of the First
Amendment. Perez describes how these cases create complex, hybrid
religious-statist institutions and outlines a novel framework for
understanding these cases.
In October of 2014, 12-year-old Sasha Lutt read from a tiny Torah
scroll as a part of her bat mitzvah in the Women's section of the
plaza at the Western Wall, Judaism's holiest prayer site.
Surrounded by members of the multi-denominational organization, the
Women of the Wall, one of whom had smuggled the scroll into the
plaza, Sasha became the first woman to read from the Torah at the
site. For more than twenty five years, the Women of the Wall have
been waging a campaign to gain the Israeli government's permission
to pray at the Western Wall. Despite widespread media coverage,
this is the first comprehensive study of their struggle. Yuval
Jobani and Nahshon Perez offer an in-depth analysis of the Women of
the Wall's attempts to modify Jewish-orthodox mainstream religious
practice from within and invest it with a new, egalitarian content.
They present a comprehensive survey of the numerous legal rulings
about the case and consider the broader political and social
significance of the Women of the Wall's activism. In this way,
Jobani and Perez are able to address broader issues of
religion-state relations: How should governments manage religious
plurality within their borders? How should governments respond to
the requests of minorities that conflict with ostensibly mainstream
interpretations of a given tradition? How should governments manage
disputed sacred sites and spaces located in the public sphere?
Women of the Wall: Navigating Religion in Sacred Sites offers a
critical new look at theories of religion-state relations and a
fresh examination of religious conflicts over sacred sites and
public spaces.
Should contemporary citizens provide material redress to right past
wrongs? There is a widespread belief that people today should take
responsibility for rectifying the wrongs of their ancestors.
Nahshon Perez challenges this view, questioning attempts to
aggregate dead wrongdoers with living people. He distinguishes
sharply between those who are indeed unjustly enriched by past
wrongs, and those who are not. Perez concludes that individuals
have the right to a clean slate, and that almost all of the
pro-intergenerational redress arguments are unconvincing. This
title is unique in claiming past wrongs should not be rectified. It
analyses pro-intergenerational material redress arguments. Case
studies include court cases from Australia, Northern Cyprus, the
United States and Austria.
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