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

224 pages

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Hardback: 9781138555891
pub: 2018-05-31
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Description

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 Editors

W. Cole Durham, Jr., Susa Young Gates University Professor of Law and Founding Director of the International Center for Law and Religion Studies, J. Reuben Clark Law School, Brigham Young University; Recurring Visiting Professor of Law at the Central European University in Budapest; Immediate Past President, International Consortium for Law and Religion Studies (ICLARS); Co-Editor-in-Chief, Oxford Journal of Law and Religion.

Javier Martínez-Torrón, Professor of Law and Director of the Department of Law and Religion, Complutense University School of Law, Spain;Vice-President of the Section of Canon Law and Church-State Relations of the Spanish Royal Academy of Jurisprudence and Legislation; and Member of the Steering Committee of the International Consortium for Law and Religion Studies (ICLARS).

Donlu Thayer, Senior Editor, International Center for Law and Religion Studies, J. Reuben Clark Law School, Brigham Young University; Associate Editor Oxford Journal of Law and Religion

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 (www.iclars.org). 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.

Learn more…

Subject Categories

BISAC Subject Codes/Headings:
LAW013000
LAW / Civil Rights
LAW016000
LAW / Comparative
LAW018000
LAW / Constitutional
LAW094000
LAW / Discrimination
REL017000
RELIGION / Comparative Religion
REL084000
RELIGION / Religion, Politics & State
SOC002010
SOCIAL SCIENCE / Anthropology / Cultural
SOC039000
SOCIAL SCIENCE / Sociology of Religion