Law, Religion, and Freedom: Conceptualizing a Common Right (Hardback) book cover

Law, Religion, and Freedom

Conceptualizing a Common Right

Edited by W. Cole Durham, Jr., Javier Martinez Torron, Donlu D Thayer

© 2018 – Routledge (Monograph (DRM-Free))

224 pages

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Hardback: 9781138555891
pub: 2019-01-15
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This book examines conceptualizations of religious freedom in various dimensions. The collection brings together leading experts from law, religious studies, social anthropology, and international relations, who present different perspectives which query, define, and clarify aspects of this fundamental right. Divided into four parts, the book provides an overview along with concrete applications from Europe and North America, along with recommendations for the future. The work provides welcome clarity at a time when the right itself is facing misunderstanding and erosion.

The book will be a valuable resource for students, academic and policy-makers with an interest in law, religion and rights.

Table of Contents

Part I: Definitions

1.Freedom of, for, and from Religion: Making the Distinctions - The Editors

2. What Is Religious Freedom? - David Novak

3. Freedom of Religion: Fundamental Right or Impossibility? - David Little

4. Freedom for Religion - Richard Garnett

5. The Politics of Sovereignty: The Early Modern Origins of Freedom of Religion - Kurtis Anderson

Part II: Questions

6. The Secularity of Law and the Freedom from Religion - Zachary Calo

7. Is Reasonable Accommodation Sufficient Protection for the Right to Religious Freedom in Secular Societies? - Georgia Alida du Plessis

8.Is Hobby Lobby Worse for Religious Freedom than Smith? - Frederick Mark Gedicks and Andrew Koppelman

9. Positive and Negative Religion Rights Guarantees of the European Convention on Human Rights - Gerhard van der Schyff

Part III: Applications

10.Thomas Berg

11. Islamic Family Law in Transnational Situations: The Moroccan Family Code (2004) and its Application in Europe - Marie-Claire Foblets

12. Managing Religious Diversity in Europe: Legal Implications of Religious Affiliation and Change of Religion - Monserrat Gas-Aixendri

13. A Precarious Balance: Religious Autonomy versus Private and Family Life in the Strasbourg Case Law - Javier Martínez-Torrón

Part IV: Predictions

14.Freedom of Religion and Non-discrimination - Sophie van Bjisterveld

15. The World-Defining Contrast between Monism and Dualism and the Future of Religious Freedom - Brett G. Scharffs

About the Series

ICLARS Series on Law and Religion

ICLARS Series on Law and Religion

The ICLARS Series on Law and Religion is designed to provide a forum for the rapidly expanding field of research in law and religion. The series is published in association with the International Consortium for Law and Religion Studies, an international network of scholars and experts of law and religion founded in 2007 with the aim of providing a place where information, data and opinions can easily be exchanged among members and made available to the broader scientific community ( The series aims to become a primary source for students and scholars while presenting authors with a valuable means to reach a wide and growing readership.

The series editors are currently welcoming proposals for this new series on any matter falling under ‘law and religion’ widely defined. Collections arising from important conferences and events are welcome as well as monographs by both established names and new voices (including monographs based on doctoral dissertations). Also of interest are interdisciplinary works and studies of particular jurisdictions.

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Subject Categories

BISAC Subject Codes/Headings:
LAW / Civil Rights
LAW / Comparative
LAW / Constitutional
LAW / Discrimination
RELIGION / Comparative Religion
RELIGION / Religion, Politics & State
SOCIAL SCIENCE / Anthropology / Cultural
SOCIAL SCIENCE / Sociology of Religion