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9780521425902

Law And Religion In Theoretical And Historical Context

by
  • ISBN13:

    9780521425902

  • ISBN10:

    0521425905

  • Edition: 1st
  • Format: Hardcover
  • Copyright: 2008-11-03
  • Publisher: Cambridge University Press

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Summary

Is there a place for religious language in the public square? Which institution of government is best suited to deciding whether religion should influence law? Should States be required to treat religion and non-religion in the same way? How does the historical role of religion in a society influence the modern understanding of the role of religion in that society? This volume of essays examines the nature and scope of engagements between law and religion, addressing fundamental questions such as these. Contributors range from eminent scholars working in the fields of law and religion to important new voices who add vital and original ideas. From conservative to liberal, doctrinal to post-modernist and secular to religious, each contributor brings a different approach to the questions under discussion, resulting in a lively, passionate and thoughtful debate that adds light rather than heat to this complex area.

Table of Contents

List of Contributorsp. vii
Introductionp. 1
The moral economy of religious freedomp. 16
Understanding the religion in freedom of religionp. 26
Why religion belongs in the private sphere, not the public squarep. 44
Pluralism in law and religionp. 72
The influence of cultural conflict on the jurisprudence of the religion clauses of the First Amendmentp. 100
From Dayton to Dover: the legacy of the Scopes Trialp. 123
A very English affair: establishment and human rights in an organic constitutionp. 157
Days of rest in multicultural societies: private, public, separate?p. 186
Australian legal procedures and the protection of secret Aboriginal spiritual beliefs: a fundamental conflictp. 214
Secular and religious conscientious exemptions: between tolerance and equalityp. 243
Law's sacred and secular subjectsp. 268
Freedom of religion and the European Convention on Human Rights: approaches, trends and tensionsp. 291
Indexp. 317
Table of Contents provided by Ingram. All Rights Reserved.

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