Religious Freedom and the Law: Emerging contexts for freedom for and from Religion (Hardback) book cover

Religious Freedom and the Law

Emerging contexts for freedom for and from Religion

Edited by Brett Scharffs, Asher Maoz, Ashley Wooley

© 2018 – Routledge

288 pages

Purchasing Options:$ = USD
Hardback: 9781138555785
pub: 2018-05-15

SAVE 25%
When you buy 2 or more products!
See final price in shopping cart.
FREE Standard Shipping!


This volume presents a timely analysis of some of the current controversies relating to freedom for religion and freedom from religion that have dominated headlines worldwide. The collection trains the lens closely on select issues and contexts to provide detailed snapshots of the ways in which freedom for and from religion are conceptualized, protected, neglected, and negotiated in diverse situations and locations. A broad range of issues including migration, education, the public space, prisons and healthcare are discussed drawing examples from Europe, the US, Asia, Africa and South America. Including contributions from leading experts in the field, the book will be essential reading for researchers and policy-makers interested in Law and Religion.


'An excellent book which demonstrates vividly the extraordinary significance and complexity of a wide range of contested issues surrounding the nature, scope and implications of religious freedom today - written by a distinguished team of scholars from multiple legal, religious and other perspectives, it is a richly-documented and invalubale resource.'

Professor Norman Doe, Director of the Centre for Law and Religion, The School of Law and Politics, Cardiff University, United Kingdom

'A timely and judicious collection of essays by established stars and erudite newcomers to the burgeoning international study of religious freedom. The new taxonomy of freedom of, for, from, and within religion is a valuable heuristic to map out the new issues facing persons and peoples of faith throughout the world. And several of the essays, especially on the treatment of religious pastors, proselytism, properties, and prisoners, are major new contributions. This collection deserves a place in every religious freedom library.'

John Witte, Jr., Center for the Study of Law and Religion, Emory University School of Law, USA

Table of Contents


1.Freedom for and Freedom from Religion: Conceptually Inseparable Rights;

Part I: Freedom for and Freedom from Religion

2. Freedom Within Religion

3.Freedom from Religion

4. Is there a Right to Freedom from Religion?

5. The ‘Ministerial Exception’: An Inquiry into the Status of Religious Freedom

6.The Ministerial Exception of What? Theological and Legal Perspectives

Part II:Emerging Social Contexts

7. Immigration as an Experience of Fundamental Rights and Religious Freedom

8. Healthcare Conscience & Competing Sexual Liberty Claims

9. Preventing Religious Fundamentalism through Higher Education of Faith Leaders

10. Religious Freedom and Places of Worship. Religious Buildings in Europe and in the United States

11. Freedom to Worship or Only to Manifest Religion

12. Freedom of/for/from Religion in Prison: A Taxonomy of the Strasbourg Jurisprudence

Part III: Emerging Regional Contexts

13. Islamic Preaching Board Laws of Kano, Borno and Niger States: A Constitutional and Human Rights Assessment

14.Understanding Religious Freedom in the Recent Case Law of the Polish Constitutional Tribunal

15. Christonormativity as Religious Neutrality: Critique of the Concept of State Religious Neutrality in Germany / Myth of European Secularism

16. Freedom of Religion, Conscience, and Persuasion: International Laws and Perspectives from Asia

17. Religious Equality in the Peruvian Constitution


18. Looking to the Future: The Coming Evolution of Religious Freedom

About the Editors

Brett G. Scharffs, Francis R. Kirkham Professor of Law and 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; Member of the Steering Committee of the International Consortium for Law and Religion Studies (ICLARS).

Asher Maoz, Dean, Peres Academic Center Law School, Israel and Member of the Steering Committee of the International Consortium for Law and Religion Studies (ICLARS).

Ashley Isaacson Woolley, Independant Editorial Associate, International Center for Law and Religion Studies, J. Reuben Clark Law School, Brigham Young University.

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.

Learn more…

Subject Categories

BISAC Subject Codes/Headings:
LAW / Administrative Law & Regulatory Practice
LAW / Civil Rights
LAW / Comparative
LAW / Constitutional
LAW / Customary
LAW / Discrimination
RELIGION / Comparative Religion
RELIGION / Religion, Politics & State
SOCIAL SCIENCE / Anthropology / General
SOCIAL SCIENCE / Minority Studies
SOCIAL SCIENCE / Sociology of Religion