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Book Religion  Law  and Democracy

    Book Details:
  • Author : Ernst-Wolfgang Böckenförde
  • Publisher : Oxford University Press
  • Release : 2020-11-19
  • ISBN : 0192550616
  • Pages : 480 pages

Download or read book Religion Law and Democracy written by Ernst-Wolfgang Böckenförde and published by Oxford University Press. This book was released on 2020-11-19 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Religion  Secularism  and Constitutional Democracy

Download or read book Religion Secularism and Constitutional Democracy written by Jean L. Cohen and published by Columbia University Press. This book was released on 2015-12-22 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Israel s Higher Law

Download or read book Israel s Higher Law written by Steven V. Mazie and published by Lexington Books. This book was released on 2006-04-07 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book World Religions and Democracy

Download or read book World Religions and Democracy written by Larry Diamond and published by JHU Press. This book was released on 2005-03-02 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Why Religious Freedom Matters for Democracy

Download or read book Why Religious Freedom Matters for Democracy written by Myriam Hunter-Henin and published by Bloomsbury Publishing. This book was released on 2020-06-11 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should an employee be allowed to wear a religious symbol at work? Should a religious employer be allowed to impose constraints on employees' private lives for the sake of enforcing a religious work ethos? Should an employee or service provider be allowed, on religious grounds, to refuse to work with customers of the opposite sex or of a same-sex sexual orientation? This book explores how judges decide these issues and defends a democratic approach, which is conducive to a more democratic understanding of our vivre ensemble. The normative democratic approach proposed in this book is grounded on a sociological and historical analysis of two national stories of the relationships between law, religion, diversity and the State, the British (mainly English) and the French stories. The book then puts the democratic paradigm to the test, by looking at cases involving clashes between religious freedoms and competing rights in the workplace. Contrary to the current alternative between the “accommodationist view”, which defers to religious requests, and the “analogous” view, which undermines the importance of religious freedom for pluralism, this book offers a third way. It fills a gap in the literature on the relationships between law and religious freedoms and provides guidelines for judges confronted with difficult cases.

Book Reconsidering Religion  Law  and Democracy

Download or read book Reconsidering Religion Law and Democracy written by Anna-Sara Lind and published by Nordic Academic Press. This book was released on 2016-01-05 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: How are Western, mostly secular, societies handling religion in its increasingly pluralistic and complex forms? What different forms of interactions between and negotiations of religion and religious beliefs can we see in contemporary society? What are the primary contenders in these interactions and negotiations? The authors of Religion, Law and Democracy give ample examples of a variety of interaction processes between different expressions of religion and different spheres of society, such as the media, the judicial systems and state administration and policy. The authors primarily approach these questions from a North European but also to some extent a global perspective. A common denominator is a dynamic perspective on the relation between religious organizations, society and the individual actors - in other words how all of these levels are interconnected and transformed in these processes.

Book Negotiating Democracy and Religious Pluralism

Download or read book Negotiating Democracy and Religious Pluralism written by Karen Barkey and published by Oxford University Press. This book was released on 2021 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Constitution Writing  Religion and Democracy

Download or read book Constitution Writing Religion and Democracy written by Aslı Ü. Bâli and published by Cambridge University Press. This book was released on 2018-06-21 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Religion  Politics  and Law

Download or read book Religion Politics and Law written by Peter Lodberg and published by . This book was released on 2009 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between religion, politics, and law represents, one of the most important issues in contemporary discussions on the worlds future. While global changes and political conflicts in many parts of the world demand serious reflection about the role of religion in politics and in public discourse, the study of religion in post-secular societies calls for reflections about the normative role of religion in politics and law. Through the contributions of scholars in the disciplines of theology, the science of religion, and political science, this volume presents an absorbing analysis of democracy, politics, and law, drawing upon the works of John Rawls, Jfirgen Haberman, Max Horkheimer, Michel Foucault and Theodor W Adorno. Such topics as Islam and democracy are addressed, in addition to the report by the European Council on Fatwa and Research and specific issues in which churches have been involved in political conflicts. Case studies on communism, nazism, and apartheid, for example, are also presented, and finally the question is addressed of how inter-religious dialogue can function in secular societies in relation to the Danish cartoon crisis.

Book Constitutionalism  Democracy and Religious Freedom

Download or read book Constitutionalism Democracy and Religious Freedom written by Hans-Martien ten Napel and published by Routledge. This book was released on 2017-05-18 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: In both Europe and North America it can be argued that the associational and institutional dimensions of the right to freedom of religion or belief are increasingly coming under pressure. This book demonstrates why a more classical understanding of the idea of a liberal democracy can allow for greater respect for the right to freedom of religion or belief. The book examines the major direction in which liberal democracy has developed over the last fifty years and contends that this is not the most legitimate type of liberal democracy for religiously divided societies. Drawing on theoretical developments in the field of transnational constitutionalism, Hans-Martien ten Napel argues that redirecting the concept and practice of liberal democracy toward the more classical notion of limited, constitutional government, with a considerable degree of autonomy for civil society organizations would allow greater religious pluralism. The book shows how, in a postsecular and multicultural context, modern sources of constitutionalism and democracy, supplemented by premodern, transcendental legitimation, continue to provide the best means of legitimating Western constitutional and political orders.

Book Fundamentalism in American Religion and Law

Download or read book Fundamentalism in American Religion and Law written by David A. J. Richards and published by Cambridge University Press. This book was released on 2010-03-15 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Why, from Reagan to George Bush, have fundamentalists in religion and in law (originalists) exercised such political power and influence in the United States? Why has the Republican Party forged an ideology of judicial appointments (originalism) hostile to abortion and gay rights? Why and how did Barack Obama distinguish himself among Democratic candidates not only by his opposition to the Iraq war but by his opposition to originalism? This book argues that fundamentalism in both religion and law threatens democratic values and draws its appeal from a patriarchal psychology still alive in our personal and political lives and at threat from the constitutional developments since the 1960s. The argument analyzes this psychology (based on traumatic loss in intimate life) and resistance to it (based on the love of equals). Obama's resistance to originalism arises from his developmental history as a democratic, as opposed to patriarchal, man who resists the patriarchal demands on men and women that originalism enforces - in particular, the patriarchal love laws that tell people who and how and how much they may love.

Book The Religion of Democracy

Download or read book The Religion of Democracy written by Amy Kittelstrom and published by Penguin. This book was released on 2015 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first people in the world to call themselves 'liberals' were New England Christians in the early republic, for whom being liberal meant being receptive to a range of beliefs and values. The story begins in the mid-eighteenth century, when the first Boston liberals brought the Enlightenment into Reformation Christianity, tying equality and liberty to the human soul at the same moment these root concepts were being tied to democracy. The nineteenth century saw the development of a robust liberal intellectual culture in America, built on open-minded pursuit of truth and acceptance of human diversity. By the twentieth century, what had begun in Boston as a narrow, patrician democracy transformed into a religion of democracy in which the new liberals of modern America believed that where different viewpoints overlap, common truth is revealed. The core American principles of liberty and equality were never free from religion but full of religion.

Book Religious Ideas in Liberal Democratic States

Download or read book Religious Ideas in Liberal Democratic States written by Jasper Doomen and published by Rowman & Littlefield. This book was released on 2021-07-29 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religious Ideas in Liberal Democratic States adds new context to the ongoing debate over the scope of religious freedom, drawing from a variety of perspectives to discuss the meaning of religion itself within a democratic state. This book argues that categorizing religion as a solely private affair is too narrow an interpretation and questions whether ideas like freedom, human dignity, and equality can be truly actualized in a neutral and secular state. Contributors explore the impact of religion, acknowledged or not, on legislation, human rights, and group rights through legal, historical, and sociological lenses. Scholars of constitutional law, jurisprudence, international law, and political science will find this book particularly useful.

Book Democracy  Law and Religious Pluralism in Europe

Download or read book Democracy Law and Religious Pluralism in Europe written by Ferran Requejo and published by Routledge. This book was released on 2014-09-15 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: In contrast with the progressive dilution of religions predicted by traditional liberal and Marxist approaches, religions remain important for many people, even in Europe, the most secularised continent. In the context of increasingly culturally diverse societies, this calls for a reinterpretation of the secular legacy of the Enlightenment and also for an updating of democratic institutions. This book focuses on a central question: are the classical secularist arrangements well equipped to tackle the challenge of fast-growing religious pluralism? Or should we move to new post-secular arrangements when dealing with pluralism in Europe? Offering an interdisciplinary approach that combines political theory and legal analysis, the authors tackle two interrelated facets of this controversial question. They begin by exploring the theoretical perspective, asking what post-secularism is and looking at its relation to secularism. The practical consequences of this debate are then examined, focusing on case-law through four empirical case studies. This book will be of interest to students and scholars of political theory, philosophy, religion and politics, European law, human rights, legal theory and socio-legal studies.

Book Equality  Freedom  and Religion

Download or read book Equality Freedom and Religion written by Roger Trigg and published by Oxford University Press. This book was released on 2012-01-05 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Is religious freedom being curtailed in pursuit of equality, and the outlawing of discrimination? Is enough effort made to accommodate those motivated by a religious conscience? All rights matter but at times the right to put religious beliefs into practice increasingly takes second place in the law of different countries to the pursuit of other social priorities. The right to freedom of belief and to manifest belief is written into all human rights charters. In the United States religious freedom is sometimes seen as 'the first freedom'. Yet increasingly in many jurisdictions in Europe and North America, religious freedom can all too easily be 'trumped' by other rights. Roger Trigg looks at the assumptions that lie behind the subordination of religious liberty to other social concerns, especially the pursuit of equality. He gives examples from different Western countries of a steady erosion of freedom of religion. The protection of freedom of worship is often seen as sufficient, and religious practices are separated from the beliefs which inspire them. So far from religion in general, and Christianity in particular, providing a foundation for our beliefs in human dignity and human rights, religion is all too often seen as threat and a source of conflict, to be controlled at all costs. The challenge is whether any freedom can preserved for long, if the basic human right to freedom of religious belief and practice is dismissed as of little account, with no attempt to provide any reasonable accommodation. Given the central role of religion in human life, unnecessary limitations on its expression are attacks on human freedom itself.

Book Why Religion Is Good for American Democracy

Download or read book Why Religion Is Good for American Democracy written by Robert Wuthnow and published by Princeton University Press. This book was released on 2021-09-07 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Christianity And Democracy In Global Context

Download or read book Christianity And Democracy In Global Context written by John Witte and published by Routledge. This book was released on 2019-03-08 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past, Christianity has had both positive and negative influences on democracy. Christian churches have served as benevolent agents of welfare and catalysts of political reform. But they have also served as belligerent allies of repression and censors of human rights. Christian theology has helped to cultivate democratic ideas of equality, li