1st Edition

Religious Freedom and the Law Emerging Contexts for Freedom for and from Religion

    244 Pages
    by Routledge

    244 Pages
    by Routledge

    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.

    Introduction: Freedom for and Freedom from Religion: Conceptually Inseparable Rights - Brett G. Scharffs, Asher Maoz, and Ashley Isaacson Woolley

    Part I: Freedom for and Freedom from Religion

    1. Freedom ‘for’ Religion: (Yet) Another View of the Cathedral - Richard W. Garnett

    2. The Ministerial Exception: An Inquiry into the Status of Religious Freedom in the United States and Abroad - Thomas Farr

    3. The Ministerial Exception: Theological and Legal Perspectives from Finland and Europe - Pamela Slotte

    4. Freedom from Religion in International Human Rights Law - Frances Raday

    5. Is there a Right to Freedom from Religion? - David Pollock

    Part II: Emerging Social Contexts

    6. Immigration as an Experience of Fundamental Rights and Religious Freedom - Pierre Noël

    7. Healthcare Conscience & Competing Sexual Liberty Claims - Renée Mirkes

    8. Preventing Religious Fundamentalism through Higher Education of Faith Leaders - Clemens Steinhilber

    9.  Religious Freedom and Places of Worship: Religious Buildings in Europe and in the United States - Maria Luisa Lo Giacco

    10. The Religious Precinct: The Inequalities of Equality Law in Religious Property - Sarah Hayes

    11. Freedom of/for/from Religion in Prison: A Taxonomy of the Strasbourg Jurisprudence - Jeroen Temperman

    Part III: Emerging Regional Contexts

    12. Islamic Preaching Board Laws of Kano, Borno, and Niger States: A Constitutional and Human Rights Assessment - Ahmed Salisu Garba

    13. Freedom of Religious Beliefs or Religious Freedom? The Recent Case Law of the Polish Constitutional Tribunal - Piotr Szymaniec

    14. Christonormativity as Religious Neutrality: A Critique of the Concept of State Religious Neutrality in Germany - Armin Langer

    15. Freedom of Religion, Conscience, and Persuasion: International Laws and Perspectives from Asia - Li-Ann Thio

    16. Religious Equality in the Peruvian Constitution - Oscar Díaz Muñoz


    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.

    '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