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Author: Jean L. Cohen
Publisher: Columbia University Press
ISBN: 0231540736
Category : Religion
Languages : en
Pages : 465
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Book Description
Polarization between political religionists and militant secularists on both sides of the Atlantic is on the rise. Critically engaging with traditional secularism and religious accommodationism, this collection introduces a constitutional secularism that robustly meets contemporary challenges. It identifies which connections between religion and the state are compatible with the liberal, republican, and democratic principles of constitutional democracy and assesses the success of their implementation in the birthplace of political secularism: the United States and Western Europe. Approaching this issue from philosophical, legal, historical, political, and sociological perspectives, the contributors wage a thorough defense of their project's theoretical and institutional legitimacy. Their work brings fresh insight to debates over the balance of human rights and religious freedom, the proper definition of a nonestablishment norm, and the relationship between sovereignty and legal pluralism. They discuss the genealogy of and tensions involving international legal rights to religious freedom, religious symbols in public spaces, religious arguments in public debates, the jurisdiction of religious authorities in personal law, and the dilemmas of religious accommodation in national constitutions and public policy when it violates international human rights agreements or liberal-democratic principles. If we profoundly rethink the concepts of religion and secularism, these thinkers argue, a principled adjudication of competing claims becomes possible.
Author: Jean L. Cohen
Publisher: Columbia University Press
ISBN: 0231540736
Category : Religion
Languages : en
Pages : 465
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Book Description
Polarization between political religionists and militant secularists on both sides of the Atlantic is on the rise. Critically engaging with traditional secularism and religious accommodationism, this collection introduces a constitutional secularism that robustly meets contemporary challenges. It identifies which connections between religion and the state are compatible with the liberal, republican, and democratic principles of constitutional democracy and assesses the success of their implementation in the birthplace of political secularism: the United States and Western Europe. Approaching this issue from philosophical, legal, historical, political, and sociological perspectives, the contributors wage a thorough defense of their project's theoretical and institutional legitimacy. Their work brings fresh insight to debates over the balance of human rights and religious freedom, the proper definition of a nonestablishment norm, and the relationship between sovereignty and legal pluralism. They discuss the genealogy of and tensions involving international legal rights to religious freedom, religious symbols in public spaces, religious arguments in public debates, the jurisdiction of religious authorities in personal law, and the dilemmas of religious accommodation in national constitutions and public policy when it violates international human rights agreements or liberal-democratic principles. If we profoundly rethink the concepts of religion and secularism, these thinkers argue, a principled adjudication of competing claims becomes possible.
Author: Mirjam Künkler
Publisher: Oxford University Press, USA
ISBN: 9780192857033
Category : Democracy
Languages : en
Pages : 0
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Book Description
Ernst-Wolfgang Böckenförde (1930-2019) was one of Europe's foremost legal scholars and political thinkers. As a scholar of constitutional law and a judge on Germany's Federal Constitutional Court (1983-1996), Böckenförde was a major contributor to contemporary debates in legal and political theory, to the conceptual framework of the modern state and its presuppositions, and to contested political issues such as the constitutional status of the state of emergency, citizenship rights, bioethical politics, and the challenges of European integration. His writings have shaped not only academic but also wider public debates from the 1950s to the present, to an extent that few European scholars can match. As a federal constitutional judge and holder of a trusted public office, Böckenförde has influenced the way academics and citizens think about law and politics. During his tenure on the Court, several path-breaking decisions for the Federal Republic of Germany were handed down, including decisions on the deployment of missiles, the law on political parties, the regulation of abortion, and the process of European integration. This second volume in the first representative edition in English of Böckenförde's writings brings together his essays on religion, law, and democracy. The volume is organized in five sections: I. the Catholic Church and Political Order; II. State and Secularity; III. the Theology of Law and its Relation to Political Theory; IV. Norms and the Principle of Human Dignity; and V. Excerpts from a biographical interview. Sections I, II, III, and IV are preceded by an editors' introduction to the articles as well as running editorial commentary to the work.
Author: Aslı Ü. Bâli
Publisher: Cambridge University Press
ISBN: 9781107694545
Category : Law
Languages : en
Pages : 0
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Book Description
What role do and should constitutions play in mitigating intense disagreements over the religious character of a state? And what kind of constitutional solutions might reconcile democracy with the type of religious demands raised in contemporary democratising or democratic states? Tensions over religion-state relations are gaining increasing salience in constitution writing and rewriting around the world. This book explores the challenge of crafting a democratic constitution under conditions of deep disagreement over a state's religious or secular identity. It draws on a broad range of relevant case studies of past and current constitutional debates in Europe, Asia, Africa and the Middle East, and offers valuable lessons for societies soon to embark on constitution drafting or amendment processes where religion is an issue of contention.
Author: András Sajó
Publisher: Eleven International Publishing
ISBN: 9077596046
Category : Civil rights
Languages : en
Pages : 271
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Book Description
This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
Author: Steven V. Mazie
Publisher: Lexington Books
ISBN: 9780739114858
Category : Political Science
Languages : en
Pages : 338
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Book Description
In Israel's Higher Law, Steven V. Mazie sheds new light on the relationship between liberalism and religion through a detailed assessment of the Jewish state. Drawing on in-depth interviews with Israeli citizens, this compelling work scrutinizes the ways in which Israelis conceptualize and debate their polity's religion-state arrangement.
Author:
Publisher: Oxford University Press
ISBN: 0197530044
Category : Political Science
Languages : en
Pages : 393
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Book Description
A collection of essays that situates and furthers contemporary debates around the prospects of democracy in diverse societies within and beyond the West. Negotiating Democracy and Religious Pluralism examines the relationship between the functioning of democracy and the prior existence of religious plurality in three societies outside the West: India, Pakistan, and Turkey. All three societies had on one hand deep religious diversity and on the other long histories as imperial states that responded to religious diversity through their specific pre-modern imperial institutions. Each country has followed a unique historical trajectory with regard to crafting democratic institutions to deal with such extreme diversity. The volume focuses on three core themes: historical trends before the modern state's emergence that had lasting effects; the genealogies of both the state and religion in politics and law; and the problem of violence toward and domination over religious out-groups. Volume editors Karen Barkey, Sudipta Kaviarj, and Vatsal Naresh have gathered a group of leading scholars across political science, sociology, history, and law to examine this multifaceted topic. Together, they illuminate various trajectories of political thought, state policy, and the exercise of social power during and following a transition to democracy. Just as importantly, they ask us to reflexively examine the political categories and models that shape our understanding of what has unfolded in South Asia and Turkey.
Author: Marc O. DeGirolami
Publisher: Harvard University Press
ISBN: 0674074157
Category : Law
Languages : en
Pages : 362
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Book Description
When it comes to questions of religion, legal scholars face a predicament. They often expect to resolve dilemmas according to general principles of equality, neutrality, or the separation of church and state. But such abstractions fail to do justice to the untidy welter of values at stake. Offering new views of how to understand and protect religious freedom in a democracy, The Tragedy of Religious Freedom challenges the idea that matters of law and religion should be referred to far-flung theories about the First Amendment. Examining a broad array of contemporary and more established Supreme Court rulings, Marc DeGirolami explains why conflicts implicating religious liberty are so emotionally fraught and deeply contested. Twenty-first-century realities of pluralism have outrun how scholars think about religious freedom, DeGirolami asserts. Scholars have not been candid enough about the tragic nature of the conflicts over religious liberty—the clash of opposing interests and aspirations they entail, and the limits of human reason to resolve intractable differences. The Tragedy of Religious Freedom seeks to turn our attention from abstracted, absolute values to concrete, historical realities. Social history, characterized by the struggles of lawyers engaged in the details of irreducible conflicts, represents the most promising avenue to negotiate legal conflicts over religion. In this volume, DeGirolami offers an approach to understanding religious liberty that is neither rigidly systematic nor ad hoc, but a middle path grounded in a pluralistic and historically informed perspective.
Author: Robert Wuthnow
Publisher: Princeton University Press
ISBN: 0691222649
Category : Social Science
Languages : en
Pages : 326
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Book Description
How the actions and advocacy of diverse religious communities in the United States have supported democracy’s development during the past century Does religion benefit democracy? Robert Wuthnow says yes. In Why Religion Is Good for American Democracy, Wuthnow makes his case by moving beyond the focus on unifying values or narratives about culture wars and elections. Rather, he demonstrates that the beneficial contributions of religion are best understood through the lens of religious diversity. The religious composition of the United States comprises many groups, organizations, and individuals that vigorously, and sometimes aggressively, contend for what they believe to be good and true. Unwelcome as this contention can be, it is rarely extremist, violent, or autocratic. Instead, it brings alternative and innovative perspectives to the table, forcing debates about what it means to be a democracy. Wuthnow shows how American religious diversity works by closely investigating religious advocacy spanning the past century: during the Great Depression, World War II, the civil rights movement, the debates about welfare reform, the recent struggles for immigrant rights and economic equality, and responses to the coronavirus pandemic. The engagement of religious groups in advocacy and counteradvocacy has sharpened arguments about authoritarianism, liberty of conscience, freedom of assembly, human dignity, citizens’ rights, equality, and public health. Wuthnow hones in on key principles of democratic governance and provides a hopeful yet realistic appraisal of what religion can and cannot achieve. At a time when many observers believe American democracy to be in dire need of revitalization, Why Religion Is Good for American Democracy illustrates how religious groups have contributed to this end and how they might continue to do so despite the many challenges faced by the nation.
Author: Larry Diamond
Publisher: John Wiley & Sons
ISBN: 9780801880797
Category : Political Science
Languages : en
Pages : 296
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Book Description
Can religion be compatible with liberal democracy? World Religions and Democracy brings together insights from renowned scholars and world leaders in a provocative and timely discussion of religions' role in the success or failure of democracy. An essay by Alfred Stepan outlines the concept of "twin tolerations" and differentiation, and creates a template that can be applied to all of the religion-democracy relationships observed and analyzed throughout the volume. "Twin tolerations" means that there is a clear distinction and a mutual respect between political authorities and religious leaders and bodies. When true differentiation is accomplished, the religious sector enjoys freedom of activity and the ability to peacefully influence its members but does not wield direct political power. A country's ability to implement the principle of differentiation directly affects the successful development of democracy. Part two focuses on eastern religions—Confucianism, Hinduism, and Buddhism—and includes contributions from Nobel Prize winner Aung San Suu Kyi and His Holiness the Dalai Lama. The third part addresses democracy in relationship to Judaism and the three branches of Christianity—Catholicism, Protestantism, and Eastern Orthodoxy. Sociologist Peter Berger offers a global perspective of Christianity and democracy. The volume's final section discusses what is perhaps the most challenging example of the struggling relationship between religion and democracy today: Islam and the governments of the Muslim nations. Abdou Filali-Ansary, Bernard Lewis, and others present a comprehensive exploration of Muslim thought and faith in an increasingly secular, modern world. It is in this volatile political and religious climate that solutions are most urgently needed but also most elusive. Contributors: Alfred Stepan, Hahm Chaibong, Francis Fukuyama, Pratap Mehta, His Holiness the Dalai Lama, Aung San Suu Kyi, Hillel Fradkin, Daniel Philpott, Tim Shah, Robert Woodberry, Elizabeth Prodromou, Peter Berger, Abdou Filali-Ansary, Bernard Lewis, Robin Wright, Abdelwahab El-Affendi, Radwan A. Masmoudi, Laith Kubba, Ladan Boroumand, Roya Boroumand.
Author: Monica Mookherjee
Publisher: Springer Science & Business Media
ISBN: 9048190177
Category : Philosophy
Languages : en
Pages : 190
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Book Description
How should liberal democratic governments respond to citizens as religious believers whose values, norms and practices might lie outside the cultural mainstream? Some of the most challenging political questions arising today focus on the adequacy of a policy of ‘live and let live’ liberal toleration in contexts where disputes about the metaphysical truth of conflicting world-views abound. Does liberal toleration fail to give all citizens their due? Do citizens of faith deserve a more robust form of accommodation from the state in the form of ‘recognition’. This issue is far from settled. Controversies over the terms of religious accommodation continue to dominate political agendas around the world. This is the first edited collection to provide a sustained examination of the politics of toleration and recognition in an age of religious pluralism. The aftermath of the events of September 11th have dramatised the urgency of this debate. It has also surfaced, nationally and globally, in disputes about terrorism, security and gender and human rights questions in relation to minority communities. This volume brings together a group of new and established scholars from the fields of law and philosophy, who all present fresh and challenging perspectives on an urgent debate. It will be indispensable reading for advanced researchers in political and legal philosophy, religious and cultural studies and related disciplines.
