Cover image for Law and religion in theoretical and historical context
Title:
Law and religion in theoretical and historical context
Publication Information:
New York : Cambridge University Press, 2008.
Physical Description:
viii, 328 p. ; 24 cm.
ISBN:
9780521425902

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33000000008948 BL65.L33 L39 2008 Open Access Book Book
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Summary

Summary

Is there a place for religious language in the public square? Which institution of government is best suited to deciding whether religion should influence law? Should states be required to treat religion and non-religion in the same way? How does the historical role of religion in a society influence the modern understanding of the role of religion in that society? This volume of essays examines the nature and scope of engagements between law and religion, addressing fundamental questions such as these. Contributors range from eminent scholars working in the fields of law and religion to important new voices who add vital and original ideas. From conservative to liberal, doctrinal to post-modernist and secular to religious, each contributor brings a different approach to the questions under discussion, resulting in a lively, passionate and thoughtful debate that adds light rather than heat to this complex area.


Table of Contents

Carolyn EvansLawrence G. SagerJeremy WebberDenise MeyersonMargaret DaviesMichael W. McConnellPeter RadanCharlotte SmithRuth Gavison and Nahshon PerezErnst WillheimYossi NehushtanNgaire NaffineMalcolm D. Evans
List of Contributorsp. vii
1 Introductionp. 1
2 The moral economy of religious freedomp. 16
3 Understanding the religion in freedom of religionp. 26
4 Why religion belongs in the private sphere, not the public squarep. 44
5 Pluralism in law and religionp. 72
6 The influence of cultural conflict on the jurisprudence of the religion clauses of the First Amendmentp. 100
7 From Dayton to Dover: the legacy of the Scopes Trialp. 123
8 A very English affair: establishment and human rights in an organic constitutionp. 157
9 Days of rest in multicultural societies: private, public, separate?p. 186
10 Australian legal procedures and the protection of secret Aboriginal spiritual beliefs: a fundamental conflictp. 214
11 Secular and religious conscientious exemptions: between tolerance and equalityp. 243
12 Law's sacred and secular subjectsp. 268
13 Freedom of religion and the European Convention on Human Rights: approaches, trends and tensionsp. 291
Indexp. 317