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Author: Robert J. Joustra
Publisher: Routledge
ISBN: 1317216148
Category : Political Science
Languages : en
Pages : 239
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Book Description
Rival understandings of the meaning and practice of the religious and the secular lead to rival public perspectives about religion and religious freedom in North America. This book explores how debates over the American Office of Religious Freedom and its International Religious Freedom Act (IRFA, 1998) and very recent debates over the Canadian Office of Religious Freedom (2013) have pitted at least six basic, but very different meanings of the religious and the secular against each other in often undisclosed and usually unproductive ways. Properly naming this ‘religious problem’ is a critical first step to acknowledging and conciliating their practically polar political prescriptions. It must be considered how we are to think about religion in political offices, both the Canadian and the American experience, as an essentially contested term, and one which demands better than postmodern paralysis, what the author terms political theology. This is especially critical since both of these cases are not just about how to deal with religion at home, but how to engage with religion abroad, where real peril, and real practical policy must be undertaken to protect increasingly besieged religious minorities. Finally, a principled pluralist approach to the religious and the secular suggests a way to think outside the ‘religious problem’ and productively enlist and engage the forces of religion resurging around the globe. The book will be of great use to scholars and students in religion and foreign affairs, secularization, political theology, and political theory, as well as professionals and policy makers working in issues relating to religion, religious freedom, and foreign affairs.
Author: Robert J. Joustra
Publisher: Routledge
ISBN: 1317216148
Category : Political Science
Languages : en
Pages : 239
Get Book Here
Book Description
Rival understandings of the meaning and practice of the religious and the secular lead to rival public perspectives about religion and religious freedom in North America. This book explores how debates over the American Office of Religious Freedom and its International Religious Freedom Act (IRFA, 1998) and very recent debates over the Canadian Office of Religious Freedom (2013) have pitted at least six basic, but very different meanings of the religious and the secular against each other in often undisclosed and usually unproductive ways. Properly naming this ‘religious problem’ is a critical first step to acknowledging and conciliating their practically polar political prescriptions. It must be considered how we are to think about religion in political offices, both the Canadian and the American experience, as an essentially contested term, and one which demands better than postmodern paralysis, what the author terms political theology. This is especially critical since both of these cases are not just about how to deal with religion at home, but how to engage with religion abroad, where real peril, and real practical policy must be undertaken to protect increasingly besieged religious minorities. Finally, a principled pluralist approach to the religious and the secular suggests a way to think outside the ‘religious problem’ and productively enlist and engage the forces of religion resurging around the globe. The book will be of great use to scholars and students in religion and foreign affairs, secularization, political theology, and political theory, as well as professionals and policy makers working in issues relating to religion, religious freedom, and foreign affairs.
Author: Christopher L. Eisgruber
Publisher: Harvard University Press
ISBN: 0674034457
Category : Political Science
Languages : en
Pages : 346
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Book Description
Religion has become a charged token in a politics of division. In disputes about faith-based social services, public money for religious schools, the Pledge of Allegiance, Ten Commandments monuments, the theory of evolution, and many other topics, angry contestation threatens to displace America's historic commitment to religious freedom. Part of the problem, the authors argue, is that constitutional analysis of religious freedom has been hobbled by the idea of "a wall of separation" between church and state. That metaphor has been understood to demand that religion be treated far better than other concerns in some contexts, and far worse in others. Sometimes it seems to insist on both contrary forms of treatment simultaneously. Missing has been concern for the fair and equal treatment of religion. In response, the authors offer an understanding of religious freedom called Equal Liberty. Equal Liberty is guided by two principles. First, no one within the reach of the Constitution ought to be devalued on account of the spiritual foundation of their commitments. Second, all persons should enjoy broad rights of free speech, personal autonomy, associative freedom, and private property. Together, these principles are generous and fair to a wide range of religious beliefs and practices. With Equal Liberty as their guide, the authors offer practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. Their book calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.
Author: Michael D. McNally
Publisher: Princeton University Press
ISBN: 0691190909
Category : History
Languages : en
Pages : 400
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Book Description
"In 2016, thousands of people travelled to North Dakota to camp out near the Standing Rock Sioux Reservation to protest the construction of an oil pipeline that is projected to cross underneath the Missouri River a half mile upstream from the Reservation. The Standing Rock Sioux consider the pipeline a threat to the region's clean water and to the Sioux's sacred sites (such as its ancient burial grounds). The encamped protests garnered front-page headlines and international attention, and the resolve of the protesters was made clear in a red banner that flew above the camp: "Defend the Sacred". What does it mean when Native communities and their allies make such claims? What is the history of such claim-making, and why has this rhetorical and legal strategy - based on appeals to religious freedom - failed to gain much traction in American courts? As Michael McNally recounts in this book, Native Americans have repeatedly been inspired to assert claims to sacred places, practices, objects, knowledge, and ancestral remains by appealing to the discourse of religious freedom. But such claims based on alleged violations of the First Amendment "free exercise of religion" clause of the US Constitution have met with little success in US courts, largely because Native American communal traditions have been difficult to capture by the modern Western category of "religion." In light of this poor track record Native communities have gone beyond religious freedom-based legal strategies in articulating their sacred claims: in (e.g.) the technocratic language of "cultural resource" under American environmental and historic preservation law; in terms of the limited sovereignty accorded to Native tribes under federal Indian law; and (increasingly) in the political language of "indigenous rights" according to international human rights law (especially in light of the 2007 U.N. Declaration of the Rights of Indigenous Peoples). And yet the language of religious freedom, which resonates powerfully in the US, continues to be deployed, propelling some remarkably useful legislative and administrative accommodations such as the 1990 Native American Graves Protection and Reparation Act. As McNally's book shows, native communities draw on the continued rhetorical power of religious freedom language to attain legislative and regulatory victories beyond the First Amendment"--
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: David Sehat
Publisher: Oxford University Press
ISBN: 0199793115
Category : Religion
Languages : en
Pages : 368
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Book Description
In the battles over religion and politics in America, both liberals and conservatives often appeal to history. Liberals claim that the Founders separated church and state. But for much of American history, David Sehat writes, Protestant Christianity was intimately intertwined with the state. Yet the past was not the Christian utopia that conservatives imagine either. Instead, a Protestant moral establishment prevailed, using government power to punish free thinkers and religious dissidents. In The Myth of American Religious Freedom, Sehat provides an eye-opening history of religion in public life, overturning our most cherished myths. Originally, the First Amendment applied only to the federal government, which had limited authority. The Protestant moral establishment ruled on the state level. Using moral laws to uphold religious power, religious partisans enforced a moral and religious orthodoxy against Catholics, Jews, Mormons, agnostics, and others. Not until 1940 did the U.S. Supreme Court extend the First Amendment to the states. As the Supreme Court began to dismantle the connections between religion and government, Sehat argues, religious conservatives mobilized to maintain their power and began the culture wars of the last fifty years. To trace the rise and fall of this Protestant establishment, Sehat focuses on a series of dissenters--abolitionist William Lloyd Garrison, suffragist Elizabeth Cady Stanton, socialist Eugene V. Debs, and many others. Shattering myths held by both the left and right, David Sehat forces us to rethink some of our most deeply held beliefs. By showing the bad history used on both sides, he denies partisans a safe refuge with the Founders.
Author: Winnifred Fallers Sullivan
Publisher: Princeton University Press
ISBN: 0691180954
Category : Law
Languages : en
Pages : 330
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Book Description
The Constitution may guarantee it. But religious freedom in America is, in fact, impossible. So argues this timely and iconoclastic work by law and religion scholar Winnifred Sullivan. Sullivan uses as the backdrop for the book the trial of Warner vs. Boca Raton, a recent case concerning the laws that protect the free exercise of religion in America. The trial, for which the author served as an expert witness, concerned regulations banning certain memorials from a multiconfessional nondenominational cemetery in Boca Raton, Florida. The book portrays the unsuccessful struggle of Catholic, Protestant, and Jewish families in Boca Raton to preserve the practice of placing such religious artifacts as crosses and stars of David on the graves of the city-owned burial ground. Sullivan demonstrates how, during the course of the proceeding, citizens from all walks of life and religious backgrounds were harassed to define just what their religion is. She argues that their plight points up a shocking truth: religion cannot be coherently defined for the purposes of American law, because everyone has different definitions of what religion is. Indeed, while religious freedom as a political idea was arguably once a force for tolerance, it has now become a force for intolerance, she maintains. A clear-eyed look at the laws created to protect religious freedom, this vigorously argued book offers a new take on a right deemed by many to be necessary for a free democratic society. It will have broad appeal not only for religion scholars, but also for anyone interested in law and the Constitution. Featuring a new preface by the author, The Impossibility of Religious Freedom offers a new take on a right deemed by many to be necessary for a free democratic society.
Author: Winnifred Fallers Sullivan
Publisher: University of Chicago Press
ISBN: 022624850X
Category : Law
Languages : en
Pages : 361
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Book Description
Religious freedom has achieved broad consensus as a condition for peace. Faced with reports of a rise in religious violence and a host of other social ills, public, and private actors have responded with laws and policies designed to promote freedom of religion. But what precisely is being promoted? What are the assumptions underlying this response? The contributions to this volume unsettle the assumption that religious freedom is a singular achievement and that the problem lies in its incomplete accomplishment. Delineating the different conceptions of religious freedom predominant in the world today, as well as their histories and political contexts, the contributions make clear that the reasons for violence and discrimination are more complex than is widely acknowledged. The promotion of a single legal and cultural tool meant to address conflict across a wide variety of cultures can have the perverse effect of exacerbating the problems that plague the communities often cited as falling short. -- from back cover.
Author: Finbarr Curtis
Publisher: NYU Press
ISBN: 1479843806
Category : Religion
Languages : en
Pages : 219
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Book Description
Americans love religious freedom. Few agree, however, about what they mean by either “religion” or “freedom.” Rather than resolve these debates, Finbarr Curtis argues that there is no such thing as religious freedom. Lacking any consistent content, religious freedom is a shifting and malleable rhetoric employed for a variety of purposes. While Americans often think of freedom as the right to be left alone, the free exercise of religion works to produce, challenge, distribute, and regulate different forms of social power. The book traces shifts in the notion of religious freedom in America from The Second Great Awakening, to the fiction of Louisa May Alcott and the films of D.W. Griffith, through William Jennings Bryan and the Scopes Trial, and up to debates over the Tea Party to illuminate how Protestants have imagined individual and national forms of identity. A chapter on Al Smith considers how the first Catholic presidential nominee of a major party challenged Protestant views about the separation of church and state. Moving later in the twentieth century, the book analyzes Malcolm X’s more sweeping rejection of Christian freedom in favor of radical forms of revolutionary change. The final chapters examine how contemporary controversies over intelligent design and the claims of corporations to exercise religion are at the forefront of efforts to shift regulatory power away from the state and toward private institutions like families, churches, and corporations. The volume argues that religious freedom is produced within competing visions of governance in a self-governing nation.
Author: Os Guinness
Publisher: InterVarsity Press
ISBN: 0830837671
Category : Religion
Languages : en
Pages : 241
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Book Description
Recognizing that tyranny takes on secular as well as traditional guises, Os Guinness seeks a return to the first principles of religious and political freedom. Hearkening back to the "soul liberty" of English Puritan Roger Williams, Guinness argues that a society's greatest bulwark against abuse lies in its people's freedom of conscience.
Author: Kathleen M. Sands
Publisher: Yale University Press
ISBN: 0300245378
Category : Religion
Languages : en
Pages : 347
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Book Description
How American conflicts about religion have always symbolized our foundational political values When Americans fight about “religion,” we are also fighting about our conflicting identities, interests, and commitments. Religion-talk has been a ready vehicle for these conflicts because it is built on enduring contradictions within our core political values. The Constitution treats religion as something to be confined behind a wall, but in public communications, the Framers treated religion as the foundation of the American republic. Ever since, Americans have translated disagreements on many other issues into an endless debate about the role of religion in our public life. Built around a set of compelling narratives—George Washington’s battle with Quaker pacifists; the fight of Mormons and Catholics for equality with Protestants; Teddy Roosevelt’s concept of land versus the Lakota’s concept; the creation-evolution controversy; and the struggle over sexuality—this book shows how religion, throughout American history, has symbolized, but never resolved, our deepest political questions.
