Law and religion in the liberal state
"The relationship between law and religion is evident throughout history. They have never been completely independent from each other. There is no doubt that religion has played an important role in providing the underlying values of modern laws, in setting the terms of the relationship between...
| Contributors: | ; |
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| Format: | Electronic Book |
| Language: | English |
| Check availability: | HBZ Gateway |
| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Oxford London New York New Delhi Sydney
Hart
2020
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| In: | Year: 2020 |
| Reviews: | [Rezension von: Law and religion in the liberal state] (2022) (Horwitz, Paul)
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| Standardized Subjects / Keyword chains: | B
Religious freedom
/ Church
/ State
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| Further subjects: | B
Collection of essays
B Law B Religious Minorities Legal status, laws, etc B Religion and state B Freedom Of Religion B Electronic books |
| Online Access: |
Presumably Free Access Volltext (doi) Volltext (lizenzpflichtig) Volltext (lizenzpflichtig) |
| Parallel Edition: | Non-electronic
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| Summary: | "The relationship between law and religion is evident throughout history. They have never been completely independent from each other. There is no doubt that religion has played an important role in providing the underlying values of modern laws, in setting the terms of the relationship between the individual and the state, and in demanding a space for the variety of intermediate institutions which stand between individuals and the state. However, the relationships between law and religion, and the state and religious institutions differ significantly from one modern state to another. There is not one liberalism but many. This work brings together reflections upon the relationship between religion and the law from the perspectives of different sub-traditions within the broader liberal project and in light of some contemporary problems in the accommodation of religious and secular authority."-- 9. Religious Exemptions from Civil Laws and Free Exercise of Religion in the USA -- I. Introduction -- II. Are Religious Exemptions a Constitutional Right? -- III. The Outlook for Religious Exemptions -- 10. Whose Conscience? Which Complicity? Reconciling Burdens and Interests in the Law of Religious Liberty -- I. Introduction -- II. How RFRA Helps Religious Believers, Sometimes -- III. How RFRA Hurts Others, Sometimes: The Case of Hobby Lobby -- IV. A Study in Contrasts: Two Recent Cases -- V. Conclusion: What Next? -- 11. Sanctuary: Religion and Law in the United States -- I. Introduction II. A Break with the Secular State Approach? -- III. The Neutral State Regulating Religion in Society -- IV. Concluding Remarks -- 8. Religious Symbol or Something Else? The Legal and Political Signification of the Crucifix in Italy from the Unification of the Country (1861) to the Present Day -- I. Introduction -- II. The Historical Origins of the Compulsory Display of Crucifixes in State Schools and Courtrooms -- III. Case Law on the Display of the Crucifix -- IV. Similar Crucifix Disputes in Other European Countries -- V. Concluding Remarks III. The Impact of Adverse Reports on Faith Schools -- IV. The Law and Religious Difference in Great Britain -- 6. Law, Religion and States: Searching for a Soul for Europe -- I. Introduction -- II. What is Europe? Past, Present, Future -- III. Spirits in a Material World: The Soul in the European Flesh -- IV. Concluding Remarks -- 7. How to Deal with Religion in the Increasingly Pluralistic European Societies? The European Court of Human Rights on Crucifixes, Face-covering Veils and Disparaging Muhammad -- I. The Court's Case Law from 1993 Until 2009: The Secular State Approach I. Introduction -- II. Church-State Relations in Orthodoxy: Between Theory and History -- III. Power Dimensions of the Post-Communist Church-State Relations -- IV. Conclusions -- 4. Catholic Social Thought, Religious Liberty and Liberal Order -- I. The Problem of Religious Freedom -- II. The Vision of Dignitatis Humanae -- III. John Courtney Murray -- IV. Catholic Liberalism and the Future of Religious Freedom -- PART II: CONTESTED ISSUES -- 5. The Right to be Different: Religious Life in Twenty-First Century Great Britain -- I. Introduction -- II. 'Preparing Students for Life in Modern Britain' Intro -- Acknowledgements -- Contents -- List of Contributors -- 1. Introduction: Law and Religion in the Liberal State -- I. Modernity as Pluralising -- II. Tensions within Liberalism -- III. The Content of this Book -- PART I: RELIGIOUS FREEDOM AND PARTICULAR TRADITIONS -- 2. Roger Williams and the Architecture of Religious Liberty -- I. The Backdrop -- II. Building a Colony -- III. Governing a Colony -- IV. Soul Liberty -- V. Legacy -- VI. The Lived Reality of Religious Freedom -- 3. Orthodox Churches in the Post-Communist Countries and the Separation between Religion and State |
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| ISBN: | 1509926356 |
| Access: | Abstract freely available; full-text restricted to individual document purchasers |
| Persistent identifiers: | DOI: 10.5040/9781509926367 |