The Religious Problem With Religious Freedom

Author : Robert J. Joustra
Publisher : Routledge
ISBN 13 : 1317216148
Total Pages : 239 pages
Book Rating : 4.48/5 ( download)

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Download or read book The Religious Problem with Religious Freedom written by Robert J. Joustra and published by Routledge. This book was released on 2017-08-17 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Joustra
Publisher : Routledge
ISBN 13 : 9781138659469
Total Pages : 0 pages
Book Rating : 4.60/5 ( download)

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Download or read book The Religious Problem with Religious Freedom written by Robert Joustra and published by Routledge. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that underlying rival public perspectives about religion and religious freedom in North America are rival understandings of the meaning and practice of the religious and the secular.

Author : Christopher L. Eisgruber
Publisher : Harvard University Press
ISBN 13 : 0674034457
Total Pages : 346 pages
Book Rating : 4.57/5 ( download)

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Download or read book Religious Freedom and the Constitution written by Christopher L. Eisgruber and published by Harvard University Press. This book was released on 2010-04-10 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Marc O. DeGirolami
Publisher : Harvard University Press
ISBN 13 : 0674074157
Total Pages : 362 pages
Book Rating : 4.56/5 ( download)

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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.

Author : Winnifred Fallers Sullivan
Publisher : Princeton University Press
ISBN 13 : 0691180954
Total Pages : 330 pages
Book Rating : 4.53/5 ( download)

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Download or read book The Impossibility of Religious Freedom written by Winnifred Fallers Sullivan and published by Princeton University Press. This book was released on 2018-04-24 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Tisa Wenger
Publisher : UNC Press Books
ISBN 13 : 1469634635
Total Pages : 313 pages
Book Rating : 4.30/5 ( download)

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Download or read book Religious Freedom written by Tisa Wenger and published by UNC Press Books. This book was released on 2017-08-31 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religious freedom is so often presented as a timeless American ideal and an inalienable right, appearing fully formed at the founding of the United States. That is simply not so, Tisa Wenger contends in this sweeping and brilliantly argued book. Instead, American ideas about religious freedom were continually reinvented through a vibrant national discourse--Wenger calls it "religious freedom talk--that cannot possibly be separated from the evolving politics of race and empire. More often than not, Wenger demonstrates, religious freedom talk worked to privilege the dominant white Christian population. At the same time, a diverse array of minority groups at home and colonized people abroad invoked and reinterpreted this ideal to defend themselves and their ways of life. In so doing they posed sharp challenges to the racial and religious exclusions of American life. People of almost every religious stripe have argued, debated, negotiated, and brought into being an ideal called American religious freedom, subtly transforming their own identities and traditions in the process. In a post-9/11 world, Wenger reflects, public attention to religious freedom and its implications is as consequential as it has ever been.

Author : Christopher L.. Eisgruber
Publisher : Harvard University Press
ISBN 13 : 0674023056
Total Pages : 346 pages
Book Rating : 4.55/5 ( download)

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Download or read book Religious Freedom and the Constitution written by Christopher L.. Eisgruber and published by Harvard University Press. This book was released on 2007 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Winnifred Fallers Sullivan
Publisher : University of Chicago Press
ISBN 13 : 022624850X
Total Pages : 361 pages
Book Rating : 4.09/5 ( download)

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Download or read book Politics of Religious Freedom written by Winnifred Fallers Sullivan and published by University of Chicago Press. This book was released on 2015-07-22 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Michael D. McNally
Publisher : Princeton University Press
ISBN 13 : 0691190909
Total Pages : 400 pages
Book Rating : 4.07/5 ( download)

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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"--

Author : Michael I. Meyerson
Publisher : Yale University Press
ISBN 13 : 0300183496
Total Pages : 477 pages
Book Rating : 4.98/5 ( download)

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Download or read book Endowed by Our Creator written by Michael I. Meyerson and published by Yale University Press. This book was released on 2012-06-05 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: The debate over the framers' concept of freedom of religion has become heated and divisive. This scrupulously researched book sets aside the half-truths, omissions, and partisan arguments, and instead focuses on the actual writings and actions of Washington, Adams, Jefferson, Madison, and others. Legal scholar Michael I. Meyerson investigates how the framers of the Constitution envisioned religious freedom and how they intended it to operate in the new republic. Endowed by Our Creator shows that the framers understood that the American government should not acknowledge religion in a way that favors any particular creed or denomination. Nevertheless, the framers believed that religion could instill virtue and help to unify a diverse nation. They created a spiritual public vocabulary, one that could communicate to all—including agnostics and atheists—that they were valued members of the political community. Through their writings and their decisions, the framers affirmed that respect for religious differences is a fundamental American value, Meyerson concludes. Now it is for us to determine whether religion will be used to alienate and divide or to inspire and unify our religiously diverse nation.