Download or read book Religious Freedom and Indian Rights written by Carolyn Nestor Long and published by Landmark Law Cases and American Society. This book was released on 2000 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Supreme Court's controversial decision in Oregon v. Smith sharply departed from previous expansive readings of the First Amendment's religious freedom clause and ignited a firestorm of protest from legal scholars, religious groups, legislators, and Native Americans. A major event in Native American history, the case attracted widespread support for the Indian cause from a diverse array of religious groups eager to protect their own religious freedom and led to an intense tug-of-war between the Court and Congress. Carolyn Long provides the first book-length analysis of Smith and shows shy it continues to resonate so deeply in the American psyche."--Back cover.
Download or read book Defend the Sacred written by Michael D. McNally and published by Princeton University Press. This book was released on 2020-04-14 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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"--
Download or read book Articles of Faith written by Ronojoy Sen and published by Oxford University Press. This book was released on 2018-10-16 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the constitutional and legal foundations of the place of religion in India, Articles of Faith studies the relationship between religion and state. It closely analyses the decisions of the Supreme Court from the 1950s on Articles 25–30 of the Indian Constitution, as well as other relevant laws and constitutional provisions. The book discusses the Supreme Court’s interpretation of the constitutional right to freedom of religion and its influence on the discourse of secularism and nationalism. While examining the role of the Court in defining and demarcating religion as well as religious freedom, practices, and organizations, this volume also highlights important issues such as interpretative traditions and legal doctrines developed by the judiciary over the years. This new edition has an expanded and revised introduction, which looks at the new literature on secularism and religious jurisprudence, both in India and other secular democracies. It also includes an afterword, which examines recent landmark judgments on religion by the Supreme Court of India, such as the one on triple talaq.
Download or read book United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1985 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Tragedy of Religious Freedom written by Marc O. DeGirolami and published by Harvard University Press. This book was released on 2013-06-10 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Legalizing Religion written by Ronojoy Sen and published by . This book was released on 2007 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Religious Freedom in India written by Goldie Osuri and published by Routledge. This book was released on 2012-09-10 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on the critical and theoretical concepts of sovereignty, biopolitics, and necropolitics, this book examines how a normative liberal and secular understanding of India’s religious identity is translatable by Hindu nationalists into discrimination and violence against minoritized religious communities. Extending these concepts to an analysis of historical, political and legal genealogies of conversion, the author demonstrates how a concern for sovereignty links past and present anti-conversion campaigns and laws. The book illustrates how sovereignty informs the making of secularism as well as religious difference. The focus on sovereignty sheds light on the manner in which religious difference becomes a point of reference for the religio-secular idioms of Bombay cinema, for legal judgements on communal violence, for human rights organizations, and those seeking justice for communal violence. This wide-ranging examination and discussion of the trajectories of (anti) conversion politics through historical, legal, philosophical, popular cultural, archival and ethnographic material offers a cogent argument for shifting the stakes and rethinking the relationship between sovereignty and religious freedom. The book is a timely contribution to broader theoretical and political discussions of (post) secularism and human rights, and is of interest to students and scholars of postcolonial studies, cultural studies, law, and religious studies.
Download or read book Handbook of American Indian Religious Freedom written by Christopher Vecsey and published by Crossroad Publishing. This book was released on 1991 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: "American Indian communities regard their religious freedoms to be endangered. Despite the First Amendment and an act of Congress that purports to protect Indian religious rights, Native Americans find the practice of their religious traditions to be hindered, often by governmental interference. This book, a collective effort by scholars, lawyers, and American Indian spokespersons has three goals: to identify the specific areas in which Indian religious practices are undermined by federal, state, and local policies as well as by private enterprises; to help non-Indians understand the conceptual bases for American Indian religious beliefs and practices; to suggest practical ways in which to protect the free exercise of Indian religions in the face of other conflicting claims and values. Specifically, Indians find their religious practice endangered in the following ways: the degradation of geographical areas deemed sacred sites; the maltreatment of Indian burials, particularly bodily remains; the prohibition against capture, kill, and use of endangered or protected series; the regulations regarding the collection, transport, and use of peyote; the alienation and display of religious artifacts; the prevention of Indian rituals and behavior (the wearing of braided hair, participation in sweats or pipe ceremonies), particularly in authoritarian institutions. This book is both a manifesto decrying policies that endanger American Indian religious traditions and a manual showing ways in which these traditions might be protected and promoted"--Back cover.
Download or read book Freedom of Religion and the Indian Judiciary written by V. M. Bachal and published by . This book was released on 1975 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Download or read book Freedom of Religion Or Belief written by Heiner Bielefeldt and published by Oxford University Press. This book was released on 2016 with total page 701 pages. Available in PDF, EPUB and Kindle. Book excerpt: This commentary on freedom of religion or belief provides a comprehensive overview of the pressing issues of freedom of religion or belief from an international law perspective.
Download or read book Constituting Religion written by Tamir Moustafa and published by Cambridge University Press. This book was released on 2018-07-25 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Most Muslim-majority countries have legal systems that enshrine both Islam and liberal rights. While not necessarily at odds, these dual commitments nonetheless provide legal and symbolic resources for activists to advance contending visions for their states and societies. Using the case study of Malaysia, Constituting Religion examines how these legal arrangements enable litigation and feed the construction of a 'rights-versus-rites binary' in law, politics, and the popular imagination. By drawing on extensive primary source material and tracing controversial cases from the court of law to the court of public opinion, this study theorizes the 'judicialization of religion' and the radiating effects of courts on popular legal and religious consciousness. The book documents how legal institutions catalyze ideological struggles, which stand to redefine the nation and its politics. Probing the links between legal pluralism, social movements, secularism, and political Islamism, Constituting Religion sheds new light on the confluence of law, religion, politics, and society. This title is also available as Open Access.
Download or read book A Hindu Theology of Liberation written by Anantanand Rambachan and published by SUNY Press. This book was released on 2014-11-07 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses Hindu Advaita Ved?nta as a philosophy of social justice for the modern world. This expansive and accessible work provides an introduction to the Hindu tradition of Advaita Ved?nta and brings it into discussion with contemporary concerns. Advaita, the non-dual school of Indian philosophy and spirituality associated with ?a?kara, is often seen as other-worldly, regarding the world as an illusion. Anantanand Rambachan has played a central role in presenting a more authentic Advaita, one that reveals how Advaita is positive about the here and now. The first part of the book presents the hermeneutics and spirituality of Advaita, using textual sources, classical commentary, and modern scholarship. The books second section considers the implications of Advaita for ethical and social challenges: patriarchy, homophobia, ecological crisis, child abuse, and inequality. Rambachan establishes how Advaitas non-dual understanding of reality provides the ground for social activism and the values that advocate for justice, dignity, and the equality of human beings. Rambachan has written an original, creative, and provocative book that will assure that Hinduism has a greater voice in the general arena of interreligious dialogue. Paul F. Knitter, Union Theological Seminary This is an important contribution to the advancement of constructive work in Hindu theology, comparative theology, and the study of South Asian religious traditions. It has the potential to revolutionize how scholars view Hinduism generally, and Advaita Ved?nta in particular. Jeffery D. Long, Elizabethtown College
Download or read book Peyote Vs the State written by Garrett Epps and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the Oregon court case over whether the First Amendment protects the right of Native Americans to use peyote in their religious practices.
Download or read book Courts Politics and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2019-10-16 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Download or read book Women v Religion written by Karen L. Garst and published by Pitchstone Publishing (US&CA). This book was released on 2018-06-01 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout history, religion has been used as a tool of female subjugation. Women have been deemed less worthy than men, have been prevented from owning property, and worse—all in the name of a higher power. In recent decades, women have made progress in terms of equal rights with men, at least in Western democracies, but still, why has the United States never had a female president? Why aren't more women heads of Fortune 500 companies? Why do politicians in the West continue to attack women's reproductive rights? As this volume explores, it would be hard to find a bigger culprit than religion when identifying the last cultural barriers to full gender equality. With topics ranging from the subjugation of women in the Bible to the shame and guilt felt by women due to religious teaching, this volume makes clear that only by rejecting the very system that limits their autonomy will women be fully liberated from its malignant influences, not just in codified law but also in cultural practice.
Download or read book Freedom s Law written by Ronald Dworkin and published by OUP Oxford. This book was released on 1999 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.
