Download or read book Religion Law and the Land written by Brian E. Brown and published by Bloomsbury Publishing USA. This book was released on 1999-11-30 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining a series of court decisions made during the 1980s regarding the legal claims of several Native American tribes who attempted to protect ancestrally revered lands from development schemes by the federal government, this book looks at important questions raised about the religious status of land. The tribes used the First Amendment right of free exercise of religion as the basis of their claim, since governmental action threatened to alter the land which served as the primordial sacred reality without which their derivative religious practices would be meaningless. Brown argues that a constricted notion of religion on the part of the courts, combined with a pervasive cultural predisposition towards land as private property, marred the Constitutional analysis of the courts to deprive the Native American plaintiffs of religious liberty. Brown looks at four cases, which raised the issue at the federal district and appellate court levels, centered on lands in Tennessee, Utah, South Dakota, and Arizona; then it considers a fifth case regarding land in northwestern California, which ultimately went to the U.S. Supreme Court. In all cases, the author identifies serious deficiencies in the judicial evaluations. The lower courts applied a conception of religion as a set of beliefs and practices that are discrete and essentially separate from land, thus distorting and devaluing the fundamental basis of the tribal claims. It was this reductive fixation of land as property, implicit in the rulings of the first four cases, that became explicitly sanctioned and codified in the Supreme Court's decision in Lyng v. Northwest Indian Cemetery Protective Association of 1988. In reaching such a position, the Supreme Court injudiciously engaged in a policy determination to protect government land holdings, and did so through a shocking repudiation of its own long established jurisprudential procedure in cases concerning the free exercise of religion.
Download or read book Religion Law and the Land written by Brian Brown and published by . This book was released on 1999 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining a series of court decisions made during the 1980s regarding the legal claims of several Native American tribes who attempted to protect ancestrally revered lands from development schemes by the federal government, this book looks at important questions raised about the religious status of land. The tribes used the First Amendment right of free exercise of religion as the basis of their claim, since governmental action threatened to alter the land which served as the primordial sacred reality without which their derivative religious practices would be meaningless. Brown argues that a constricted notion of religion on the part of the courts, combined with a pervasive cultural predisposition towards land as private property, marred the Constitutional analysis of the courts to deprive the Native American plaintiffs of religious liberty.
Download or read book Religion Law and the Constitution written by Daniel O. Conkle and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Softbound - New, softbound print book.
Download or read book Landscapes of the Secular written by Nicolas Howe and published by University of Chicago Press. This book was released on 2016-09-05 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: “What does it mean to see the American landscape in a secular way?” asks Nicolas Howe at the outset of this innovative, ambitious, and wide-ranging book. It’s a surprising question because of what it implies: we usually aren’t seeing American landscapes through a non-religious lens, but rather as inflected by complicated, little-examined concepts of the sacred. Fusing geography, legal scholarship, and religion in a potent analysis, Howe shows how seemingly routine questions about how to look at a sunrise or a plateau or how to assess what a mountain is both physically and ideologically, lead to complex arguments about the nature of religious experience and its implications for our lives as citizens. In American society—nominally secular but committed to permitting a diversity of religious beliefs and expressions—such questions become all the more fraught and can lead to difficult, often unsatisfying compromises regarding how to interpret and inhabit our public lands and spaces. A serious commitment to secularism, Howe shows, forces us to confront the profound challenges of true religious diversity in ways that often will have their ultimate expression in our built environment. This provocative exploration of some of the fundamental aspects of American life will help us see the land, law, and society anew.
Download or read book Worship and Wilderness written by Lloyd Burton and published by Univ of Wisconsin Press. This book was released on 2002-12-05 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Questions about land use, conservation, and preservation—already so perplexing and contentious—take on a new complexity and greater urgency when the land in question is understood as sacred. This is a view increasingly held, as adherents of mainstream religions come to recognize what indigenous peoples knew centuries ago—that the sacred inheres in nature itself. What such a trend means and how it involves the forces of culture, religion, and constitutional law (especially First Amendment clauses concerning the free exercise of religion) are considered with a remarkable breadth and depth of understanding in this important new work. Drawing on case studies of national parks and monuments, national forests, and other public lands and resources, Lloyd Burton gives a clear and comprehensive account of how the intertwining influences of culture, religion, and law have affected the management of public lands and resources in the recent past and how they may do so in the future. In a unique and unprecedented way, his book weaves together teachings on nature and the sacred among indigenous and immigrant culture groups in the United States; the relevant constitutional history of religion and government action; and analysis of contemporary conflicts over culture, religion, and public lands management. As such, Worship and Wilderness is essential reading not only for public land managers and environmental policy makers but also for anyone interested in the growing significance of religious interests in the use of resources that constitute our national commons and our common natural heritage.
Download or read book America s Religious Wars written by Kathleen M. Sands and published by Yale University Press. This book was released on 2019-06-04 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Transition of Religion to Culture in Law and Public Discourse written by Lori Beaman and published by Routledge. This book was released on 2020-03-27 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the recent trend toward the transformation of religious symbols and practices into culture in Western democracies. Analyses of three legal cases involving religion in the public sphere are used to illuminate this trend: a municipal council chamber; a town hall; and town board meetings. Each case involves a different national context—Canada, France and the United States—and each illustrates something interesting about the shape-shifting nature of religion, specifically its flexibility and dexterity in the face of the secular, the religious and the plural. Despite the differences in national contexts, in each instance religion is transformed into culture or heritage by the courts to justify or excuse its presence and to distance the state from the possibility that it is violating legal norms of distance from religion. The cultural practice or symbol is represented as a shared national value or activity. Transforming the ‘Other’ into ‘Us’ through reconstitution is also possible. Finally, anxiety about the ‘Other’ becomes part of the story of rendering religion as culture, resulting in the impugning of anyone who dares to question the putative shared culture. The book will be essential reading for students, academics and policy-makers working in the areas of sociology of religion, religious studies, socio-legal studies, law and public policy, constitutional law, religion and politics, and cultural studies.
Download or read book Rulers Religion and Riches written by Jared Rubin and published by Cambridge University Press. This book was released on 2017-02-16 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to explain the political and religious factors leading to the economic reversal of fortunes between Europe and the Middle East.
Download or read book Religion Law and Security in Africa written by M Christian Green and published by AFRICAN SUN MeDIA. This book was released on 2018-05-16 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Security is a key topic of our time. But how do we understand it? Do law and religion take different views of it? In this fifth volume in the Law and Religion in Africa series, radicalisation, terrorism, blasphemy, hate speech, religious freedom and just war theories rub shoulders with issues of witchcraft, female genital mutilation circumcision, child marriage, displaced communities and additional issues besides. This unique collection of topics is both challenging and inspiring, providing illumination in troubled times, and forming a sound foundation for future scholarship.
Download or read book Religion Law Politics and the State in Africa written by Seth Tweneboah and published by Routledge. This book was released on 2019-09-25 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Applying a legal pluralist framework, this study examines the complex interrelationships between religion, law and politics in contemporary Ghana, a professedly secular State characterised by high levels of religiosity. It aims to explore legal, cultural and moral tensions created by overlapping loci of authority (state actors, traditional leaders and religious functionaries). It contends that religion can function as an impediment to Ghana’s secularity and also serve as an integral tool for realising the State’s legal ideals and meeting international human rights standards. Using three case studies – legal tensions, child witchcraft accusations and same-sex partnerships – the study illustrates the ways that the entangled and complicated connections between religion and law compound Ghana’s secular orientation. It suggests that legal pluralism is not a mere analytical framework for describing tensions, but ought to be seen as part of the solution. The study contributes to advancing knowledge in the area of the interrelationships between religion and law in contemporary African public domain. This book will be a valuable resource for those working in the areas of Law and Religion, Religious Studies, African Studies, Political Science, Legal Anthropology and Socio-legal Studies.
Download or read book God vs the Gavel written by Marci A. Hamilton and published by Cambridge University Press. This book was released on 2005-05-30 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: God vs. the Gavel challenges the pervasive assumption that all religious conduct deserves constitutional protection. While religious conduct provides many benefits to society, it is not always benign. The thesis of the book is that anyone who harms another person should be governed by the laws that govern everyone else - and truth be told, religion is capable of great harm. This may not sound like a radical proposition, but it has been under assault since the 1960s. The majority of academics and many religious organizations would construct a fortress around religious conduct that would make it extremely difficult to prosecute child abuse by clergy, medical neglect of children by faith-healers, and other socially unacceptable behaviors. This book intends to change the course of the public debate over religion by bringing to the public's attention the tactics of religious entities to avoid the law and therefore harm others.
Download or read book The Ancient City A Study of the Religion Laws and Institutions of Greece and Rome written by Numa Denis Fustel de Coulanges and published by Lulu.com. This book was released on 2017-05-12 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Ancient City is Fustel de Coulanges' superb investigation of life during classical antiquity; a culture he felt rested and flourished upon religious observance. This fascinating history offers the reader ideas of how day-to-day life in Ancient Rome and Greece was sustained for centuries. Coulanges covers each major topic in sequence, beginning with the crucial assertion that religion what was held classical life together. This is swiftly followed by examples of customs and morals that defined interpersonal and familial life; marriage; adoption; rights of property and assets to name but some. Coulanges progresses to discuss the physical city. How a town would grow in size, what amenities and institutions would appear, and how religion so greatly impacted the citizen's life. Governance, through edicts, criminal and civil law, and the ruling council of a given city is examined. Latterly, we hear the importance of the class system; conflict between the lower classes - or plebiscite - and the nobility.
Download or read book Religion and Equality Law written by Nelson Tebbe and published by Routledge. This book was released on 2017-07-05 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays selected for this volume address topics at the intersection of religion and equality law, including discrimination against religion, discrimination by religious actors and discrimination in favor of religious groups and traditions. The introduction provides a conceptual guide to these types of inequality - which are often misunderstood or conflated - and it offers an analysis of different species of discrimination within each broad category. Each section of the volume contains both theoretical essays, which set out frameworks for thinking about the relevant type of inequality, and essays that examine real-world disputes. For example, the articles address the conflicts over headscarf laws in France and Turkey, the place of so-called traditional religions in Africa, the display of Roman Catholic crucifixes in Italian classrooms, and the ability of American religious organizations to be free of employment laws in their treatment of clergy. This volume brings together classic articles which are otherwise difficult to access, enables students to study key articles side-by-side, and provides instructors with a valuable teaching resource.
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 Pagans in the Promised Land written by Steven T. Newcomb and published by Fulcrum Publishing. This book was released on 2008 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: "An analysis of how religious bias shaped U.S. federal Indian law."--
Download or read book ICOLEG 2021 written by Irma Cahyaningtyas and published by European Alliance for Innovation. This book was released on 2021-10-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: We proudly present the proceedings of 2nd International Conference on Law, Economic and Governance 2021 (ICOLEG 2021). It focuses on how the wave of digitalization influences the ethics and law, especially in Law and Democracy, Law and Indigenous People, Law in Contemporary Issues, Law and Economics, Digital Economics, Good Governance etc. As we know, the world today is changing and the world we are facing now is the one where everything is connected. The contemporary social issues based on complex problems, complex interest, beyond borders and powers. More than 125 manuscripts from various countries were presented at this conference with around 66 of them selected to be published in proceedings. We hope by this conference, discussions on how research on Law, Economic and Government is possible in a disruptive era will give a perspective for the social and humanities studies development.
Download or read book Land Law and Islam written by Hilary Lim and published by Bloomsbury Publishing. This book was released on 2008-02-29 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.
