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Author: Andras Koltay
Publisher: Oxford Legal Publishing
ISBN: 9781912142378
Category :
Languages : en
Pages : 314
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Book Description
The issues discussed in this book all stand at the crossroads of freedom of speech and freedom of religion. In some cases, the two rights clash when somebody practising their right to freedom of speech affects others' rights to freedom of religion, as in instances of blasphemy and hate speech. In other cases, the two rights, reinforcing one another, together provide protection for the individual. Not even this joint protection, however, is always sufficient to prevent state intervention, for example, the restriction of rights in wearing religious symbols or religious advertising rules. A question of a third type is when the state, or a state body, enters the public space and becomes the 'speaker' on matters of religion, in which case the state might be subject to special restrictions. Although their ideological and constitutional foundations seem stable, the extent of freedom of religion and freedom of speech have repeatedly been the subject of public debates because of social and political changes in a dynamically transforming Europe. Identifying the precise demarcation lines between these rights by means of the law is not a task that has been accomplished completely or for all time. The increasing rate of immigration, with a resulting involuntary cohabitation of various religious cultures, as well as the continual weakening of the Christian character of the continent make it critical to find the right responses to the questions discussed in this book, both in the individual European legal systems and at the level of the European community of states and of the European system of protecting human rights. The first and second chapters of the book discuss the appearance of religions in the public sphere and in public education. Traditionally, the state is not a subject of fundamental rights, and yet it takes a position on questions relating to religion, which-no matter how we explain it-is a type of 'speech'. This raises the question of how such speech can be restricted, or 'where are the limits on the "freedom of speech" of the state'? The role of the state might be to defend or even shape the community identity of its citizens. Chapters 3 and 4 discuss the restriction of opinions with religious content. Chapter 3 analyses the restrictions on wearing symbols and clothing imposed by both the state and private entities, whereas Chapter 4 discusses the regulation of publishing religious advertisements in the media. Unlike the issues related predominantly to Christianity discussed in the first two chapters, the questions of wearing symbols and clothing also involve the restrictions of opinions expressed by followers of Islam. Chapter 5 of the book is dedicated to questions relating to defamation of religions and blasphemy. The topicality and significance of these issues became obvious after the tragic events in Paris on January 2015, where many were killed in an attack against the editorial offices of the magazine Charlie Hebdo. The books touches upon certain types of conduct which are rooted in religious conviction and may have legal consequences, but which, in the absence of an expressive content, do not belong to the sphere of freedom of speech. Examples of this include doctors refusing to carry out an abortion, or registrars unwilling to administer the marriage of same-sex couples. since we do not regard such types of conduct as relating to the freedom of speech, they are not discussed in this book. Andras Koltay's seminal monograph tackles these and other issues. It is a magisterial work, possibly the best exposition of the subject available today.
Author: Andras Koltay
Publisher: Oxford Legal Publishing
ISBN: 9781912142378
Category :
Languages : en
Pages : 314
Get Book Here
Book Description
The issues discussed in this book all stand at the crossroads of freedom of speech and freedom of religion. In some cases, the two rights clash when somebody practising their right to freedom of speech affects others' rights to freedom of religion, as in instances of blasphemy and hate speech. In other cases, the two rights, reinforcing one another, together provide protection for the individual. Not even this joint protection, however, is always sufficient to prevent state intervention, for example, the restriction of rights in wearing religious symbols or religious advertising rules. A question of a third type is when the state, or a state body, enters the public space and becomes the 'speaker' on matters of religion, in which case the state might be subject to special restrictions. Although their ideological and constitutional foundations seem stable, the extent of freedom of religion and freedom of speech have repeatedly been the subject of public debates because of social and political changes in a dynamically transforming Europe. Identifying the precise demarcation lines between these rights by means of the law is not a task that has been accomplished completely or for all time. The increasing rate of immigration, with a resulting involuntary cohabitation of various religious cultures, as well as the continual weakening of the Christian character of the continent make it critical to find the right responses to the questions discussed in this book, both in the individual European legal systems and at the level of the European community of states and of the European system of protecting human rights. The first and second chapters of the book discuss the appearance of religions in the public sphere and in public education. Traditionally, the state is not a subject of fundamental rights, and yet it takes a position on questions relating to religion, which-no matter how we explain it-is a type of 'speech'. This raises the question of how such speech can be restricted, or 'where are the limits on the "freedom of speech" of the state'? The role of the state might be to defend or even shape the community identity of its citizens. Chapters 3 and 4 discuss the restriction of opinions with religious content. Chapter 3 analyses the restrictions on wearing symbols and clothing imposed by both the state and private entities, whereas Chapter 4 discusses the regulation of publishing religious advertisements in the media. Unlike the issues related predominantly to Christianity discussed in the first two chapters, the questions of wearing symbols and clothing also involve the restrictions of opinions expressed by followers of Islam. Chapter 5 of the book is dedicated to questions relating to defamation of religions and blasphemy. The topicality and significance of these issues became obvious after the tragic events in Paris on January 2015, where many were killed in an attack against the editorial offices of the magazine Charlie Hebdo. The books touches upon certain types of conduct which are rooted in religious conviction and may have legal consequences, but which, in the absence of an expressive content, do not belong to the sphere of freedom of speech. Examples of this include doctors refusing to carry out an abortion, or registrars unwilling to administer the marriage of same-sex couples. since we do not regard such types of conduct as relating to the freedom of speech, they are not discussed in this book. Andras Koltay's seminal monograph tackles these and other issues. It is a magisterial work, possibly the best exposition of the subject available today.
Author: András Koltay
Publisher:
ISBN: 9781912142040
Category : Law
Languages : en
Pages : 314
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Book Description
" ... discusses the legal debates surrounding the use of religious symbols in schools, public places and media advertising, the freedom of the state in integrating religious studies in public education, the limitations on wearing religious clothing and symbols and the restriction of blasphemy laws"--Publisher's website.
Author: Jeroen Temperman
Publisher: BRILL
ISBN: 9004181490
Category : Law
Languages : en
Pages : 440
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Book Description
This book examines the question of how the mode of state–religion identification affects the state’s scope for compliance with human rights law. It presents a human rights-based assessment of the various modes of state–religion identification and of the various forms of state practice that surround and characterize these different state–religion models. A close assessment of norms of human rights law substantiates that, although human rights law on the face of it is seemingly neutral to the issue of state–religion identification, legal principles can be extrapolated that have a profound bearing on the question of legitimacy of the possible diverse relationships that may exist between the state and religion. A range of thematic case studies on, among other issues, Establishment of Religion & the ‘Equal Religious Rights of Others’, Religion & Freedom of Expression, Religion & Political Rights, Religion & Educational Rights, Religion & Freedom of Association and Religion & Equal Employment Opportunities, demonstrates that existing regimes of positive state identification with religion are not devoid of forms of institutionalised discrimination and de facto practices of discrimination on grounds of religion or belief (or lack thereof). At the same time, it is observed by the author that in some secular or separationist states the ideals of state secularism and separationism have come to be considered ends in themselves. This has given rise to situations where the principles of secularism and separationism are construed so as to impose illegitimate limits on the activities of religions or illegitimate limits on the individual manifestation of certain beliefs. This book makes a case for the recognition of a state duty to remain impartial with respect to religion or belief in all regards so as to comply with people’s fundamental right to be governed, at all times, in a religiously neutral manner.
Author: Jared Rubin
Publisher: Cambridge University Press
ISBN: 110703681X
Category : Business & Economics
Languages : en
Pages : 297
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Book Description
This book seeks to explain the political and religious factors leading to the economic reversal of fortunes between Europe and the Middle East.
Author: Robert Benne
Publisher: Wm. B. Eerdmans Publishing
ISBN: 0802863647
Category : Religion
Languages : en
Pages : 129
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Book Description
"There is nothing greater than indignation to stimulate a writer to write." says Robert Benne, "and my outrage has been stirred mightily by reading so many wrongheaded 'takes' on how religion and politics ought to be related." --
Author: Ahmet T. Kuru
Publisher: Cambridge University Press
ISBN: 052151780X
Category : Political Science
Languages : en
Pages : 335
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Book Description
Comparing policy in America, France, and Turkey, this book analyzes the impact of ideological struggles on public policies toward religion.
Author: J. M. Barbalet
Publisher:
ISBN: 9780857287984
Category : Social Science
Languages : en
Pages : 0
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Book Description
This volume explores key issues in the modern tensions between state and religions by exploring a number of case studies from around the world.
Author: Isaac Amada Cornelison
Publisher: Legare Street Press
ISBN: 9781019567388
Category :
Languages : en
Pages : 0
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Book Description
In this book, Isaac Amada Cornelison examines the complex relationship between religion and civil government in the United States. He argues that while America is a state without an established church, it is not without a religion. Cornelison explores the ways in which religious values and beliefs have shaped American society and politics, and calls for a more nuanced understanding of the role of religion in public life. This book is essential reading for anyone interested in American politics or religious studies. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author: James W. Fraser
Publisher: JHU Press
ISBN: 1421420597
Category : Education
Languages : en
Pages : 297
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Book Description
A fully updated second edition of this essential look at the continuing tensions between religion and American public schools. Today, the ongoing controversy about the place—or lack of place—of religion in public schools is a burning issue in the United States. Prayer at football games, creationism in the classroom, the teaching of religion and morals, and public funding for private religious schools are just a few of the subjects over which people are skirmishing. In Between Church and State, historian and pastor James W. Fraser shows that these battles have been going on for as long as there have been public schools and argues there has never been any consensus about what the “separation of church and state” means for American society or about the proper relationship between religion and public education. Looking at the difficult question of how private issues of faith can be reconciled with the very public nature of schooling, Fraser’s classic book paints a complex picture of how a multicultural society struggles to take the deep commitments of people of faith into account—including people of many different faiths and no faith. In this fully updated second edition, Fraser tackles the culture wars, adding fresh material on current battles over public funding for private religious schools. He also addresses the development of the long-simmering evolution-creationism debate and explores the tensions surrounding a discussion of religion and the accommodation of an increasingly religiously diverse American student body. Between Church and State includes new scholarship on the role of Roger Williams and William Penn in developing early American conceptions of religious liberty. It traces the modern expansion of Catholic parochial schools and closely examines the passage of the First Amendment, changes in American Indian tribal education, the place of religion in Booker T. Washington and W. E. B. Du Bois’s debates about African American schooling, and the rapid growth of Jewish day schools among a community previously known for its deep commitment to secular public education.
Author: John F Wilson
Publisher: Routledge
ISBN: 0429970218
Category : History
Languages : en
Pages : 449
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Book Description
Provides the key source materialshistorical and legalfor understanding the relationship of church and state.. The controversies surrounding aid to parochial schools, blue laws, school prayer, and birth control programs have been central to the ongoing search for the proper boundary between religious and political authority in America. This concise volume features chronologically organized selections from such official documents as colonial charters, court opinions, and legislation, along with incisive twentieth-century interpretations of the issues they treat. Historical figures as diverse as John F. Kennedy, Perry Miller, Reinhold Niebhur, and Paul Blanshard, together with contemporary ones illuminate the interrelationships between the legal, political, and religious structures of American society. We encounter controversies every day that concern school vouchers, prayer in schools and stadiums, religious symbols in public spaces, and tax support for faith-based social initiatives as well as arguments among advocates of "pro-choice" and "pro-life" positions. These and other issues are at the center of an ongoing search for a means to delineate the interactions among religious and political authorities-- initially in the United States but increasingly in the rest of the world as well. This concise volume presents chronologically-organized chapters that include selections from documents like colonial charters, opinions of the Supreme Court and salient legislation, along with contemporary commentary, and incisive interpretations of the issues by modern scholars. Figures as divergent as John Winthrop, John F. Kennedy, and Sandra Day OConnor speak from these pages as directly as Paul Blanshard, Reinhold Niebuhr, John Courtney Murray, and Robert Bellah. Church and State in American History addresses the difficult relationships among the political and religious structures of our society and the emergence of an American solution to the church-state problem.
