Author: Richard Moon
Publisher: Essentials of Canadian Law
ISBN: 9781552213643
Category : Law
Languages : en
Pages : 215
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Book Description
When the Canadian Charter of Rights and Freedoms was enacted in 1982, the first of its fundamental freedoms seemed less significant and less interesting than many of its other rights. However, the Salman Rushdie affair, the 9/11 attacks, and later the publication of the "Danish Cartoons" helped to move religion or religious difference to the forefront of public consciousness. These events seemed to confirm that religion, or at least particular religions, represented a threat to the values of liberal-democratic society. Religious freedom issues that may have been minor and easily resolved "on the ground" were increasingly seen through this lens of intractable conflict, and as opening the door to a broader threat to Western democracy. In Canada, anxiety about religion has been far less acute than in Europe or in the United States. Nevertheless, concern about the character of religion has shaped the public reaction to religious diversity and freedom. This has been most powerfully so in Quebec where, as in Europe, national identity remains a concern, and the political role of the Catholic church in the recent past has caused many to be wary of the visibility of religion in the public sphere. The book reviews the basic history of religious freedom in Canada; looks at state support for religion, including the place of religious practices and symbols in public institutions and the role of religious values in public decision making; the restriction or accommodation of religious practices by state action; religious restriction in particular contexts; state support for religious schools; freedom of religion in the context of the family, and in particular, the parent-child relationship; and freedom of conscience component of section 2(a)
Author: Jocelyn Maclure
Publisher: Harvard University Press
ISBN: 0674062957
Category : Religion
Languages : en
Pages : 153
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Book Description
Secularism: the definition of this word is as practical and urgent as income inequalities or the paths to sustainable development. In this wide-ranging analysis, Jocelyn Maclure and Charles Taylor provide a clearly reasoned, articulate account of the two main principles of secularism—equal respect, and freedom of conscience—and its two operative modes—separation of Church (or mosque or temple) and State, and State neutrality vis-à-vis religions. But more crucially, they make the powerful argument that in our ever more religiously diverse, politically interconnected world, secularism, properly understood, may offer the only path to religious and philosophical freedom. Secularism and Freedom of Conscience grew out of a very real problem—Quebec’s need for guidelines to balance the equal respect due to all citizens with the right to religious freedom. But the authors go further, rethinking secularism in light of other critical issues of our time. The relationship between religious beliefs and deeply-held secular convictions, the scope of the free exercise of religion, and the place of religion in the public sphere are aspects of the larger challenge Maclure and Taylor address: how to manage moral and religious diversity in a free society. Secularism, they show, is essential to any liberal democracy in which citizens adhere to a plurality of conceptions of what gives meaning and direction to human life. The working model the authors construct in this nuanced account is capacious enough to accommodate difference and freedom of conscience, while holding out hope for a world in which diversity no longer divides us.
Author: C. D. de Jong
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 816
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Book Description
Rights of the Child.
Author: Kevin Vallier
Publisher: Oxford University Press
ISBN: 0190666188
Category : Law
Languages : en
Pages : 329
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Book Description
Religious exemptions have a long history in American law, but have become especially controversial over the last several years. The essays in this volume address the moral and philosophical issues that the legal practice of religious exemptions often raises.
Author: Phillip E. Hammond
Publisher: Rowman Altamira
ISBN: 9780759106017
Category : Law
Languages : en
Pages : 204
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Book Description
The free exercise of conscience is under threat in the United States. Already the conservative bloc of the Supreme Court is reversing the progress of religious liberty that had been steadily advancing. And this danger will only increase if more conservative judges are nominated to the court. This is the impassioned argument of Religion on Trial. Against Justices Scalia, Thomas, and Chief Justice Rehnquist, the authors argue that what the First Amendment protects is the freedom of individual conviction, not the rights of sectarian majorities to inflict their values on others. Beginning with an analysis of the origins of the Constitution and then following the history of significant church-state issues, Religion on Trial shows that the trajectory of American history has been toward greater freedoms for more Americans: freedom of religion moving gradually toward freedom of conscience regardless of religion. But in the last quarter-century, conservatives have gained political power and they are now attempting to limit the ability of the Court to protect the rights of individual conscience. Writing not just as scholars, but as advocates of church-state separation, Hammond, Machacek, and Mazur make the strong case that every American needs to pay attention to what is happening on the Surpeme Court or risk losing the liberties of conscience and religion that have been gained so far.
Author: Allen W. Wood
Publisher: Cambridge University Press
ISBN: 1108422349
Category : Philosophy
Languages : en
Pages : 273
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Book Description
Explores Kant's philosophy of religion and morality through his Religion within the Boundaries of Mere Reason.
Author: Susanna Mancini
Publisher: Cambridge University Press
ISBN: 1316805395
Category : Political Science
Languages : en
Pages : 516
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Book Description
In this work, Professors Rosenfeld and Mancini have brought together an impressive group of authors to provide a comprehensive analysis on the greater demand for religions exemptions to government mandates. Traditional religious conscientious objection cases, such as refusal to salute the flag or to serve in the military during war, had a diffused effect throughout society. In sharp contrast, these authors argue that today's most notorious objections impinge on the rights of others, targeting practices like abortion, LGTBQ adoption, and same-sex marriage. The dramatic expansion of conscientious objection claims have revolutionized the battle between religious traditionalists and secular civil libertarians, raising novel political, legal, constitutional and philosophical challenges. Highlighting the intersection between conscientious objections, religious liberty, and the equality of women and sexual minorities, this volume showcases this political debate and the principal jurisprudence from different parts of the world and emphasizes the little known international social movements that compete globally to alter the debate's terms.
Author: Jack N. Rakove
Publisher: Oxford University Press, USA
ISBN: 0195305817
Category : History
Languages : en
Pages : 241
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Book Description
"Some time back in the early '00s, when-thanks to Dean John Sexton, my good friends Larry Kramer and John Ferejohn, and other colleagues-I used to hang out at New York University Law School, I had lunch one day with Dedi Felman, who was then a legal editor at Oxford University Press. We discussed her idea of doing a series of short provocative books on problems of rights in American constitutional history. When Geoffrey Stone of the University of Chicago (my literal birthplace) took over editing The Unalienable Rights series that Dedi organized, I quickly staked a claim to the Free Exercise Clause of the First Amendment. This interest reflected a longstanding concern with James Madison, dating to my dissertation work in the early 1970s, and other projects I had pursued since, including the problem of how one discusses the original meaning of the Constitution. The idea of religious freedom was a seminal element in the development of Madison's constitutional ideas. Equally important, the two components of the Religion Clause illustrated two landmark aspects of American constitutional practice. The free exercise of religion is a right different from all other rights because of the degree of moral autonomy it invests in each and every one of us. And the disestablishment of religion, by depriving the state of the power of regulating religion, offers the best example of the basic idea that the legislative authority government exercises depends on the will of a sovereign people. These are points we do not readily grasp. In part because contemporary Religion Clause jurisprudence is such a messy and vexed subject, and in part because justices and judges often prefer resolving claims of conscience on general grounds of freedom of speech, this original significance of "the religion question" often escapes attention. The subtitle of this book rests on my conviction that a historically grounded approach to this subject would be of some value to legal scholars. Among other things, that approach involves asking how we should compare the gradual development of European modes of religious tolerance with the emerging American conviction that the free exercise of religion was no longer a matter of mere toleration."--
Author: Leonard Hammer
Publisher: Routledge
ISBN: 1000160734
Category : Political Science
Languages : en
Pages : 442
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Book Description
This title was first published in 2002: This text addresses the problem of conflict that arises between the human right to freedom of religion and the human right to freedom of belief, for example, certain religious beliefs are in conflict with certain women's rights. The pricipal goal of this book is to distinguish between the more formalized, and recognized, notion of protecting religious beliefs from what is referred to as conscientious beliefs - a belief external to a religious context.
Author: Kevin Boyle
Publisher: Routledge
ISBN: 113472229X
Category : Political Science
Languages : en
Pages : 509
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Book Description
This report, the first of its kind yet to be published, provides a detailed and impartial account of how the individual's right to hold beliefs is understood, protected or denied throughout the world. Consisting of accessible, short edited entries based on drafts commissioned from experts living in the countries surveyed, it exposes persecution and discrimination in virtually all world regions. The book: * provides an analysis of United Nations standards of freedom of religion and belief * covers over fifty countries, divided into regions and introduced by a regional overview * covers themes including: the relationships between belief groups and the state; freedom to manifest belief in law and practice; religion and schools; religious minorities; new religious movements; the impact of beliefs on the status of women; and the extent to which conscientious objection to military service is recognised by governments * draws on examples of accommodation and co-operation between different religions and beliefs and identifies the main challenges to be overcome if the diversity of human conviction is to be established.