Questions of religious liberty have become flashpoints of controversy in virtually every area of life around the world. Despite the protection of religious liberty at both national and supranational levels, there is an increasing number of conflicts concerning the proper way to recognize it – both in modern secular states and in countries with an established religion or theocratic mode of government.
This book provides an analysis of the general concept of religious liberty along with a close study of important cases that can serve as test beds for conflict resolution proposals. It combines the insights of both pure academics and experienced legal practitioners to take a fresh look at the nature, scope and limits of religious liberty. Divided into two parts, the collection presents a blend of legal and philosophical approaches, and draws on cases from a wide range of jurisdictions, including Brazil, India, Australia, the USA, the Netherlands, and Canada.
Presenting a broad range of views, this often provocative volume makes for fascinating reading for academics and researchers working in the areas of law and religion, legal philosophy and human rights.
Table of Contents
I The Nature of Religious Liberty
1. The Biblical Worldview Context for Religious Liberty - Paul Copan
2. Thomas Jefferson and the Pursuit of Happiness: Rethinking what the Right means for us today - Laura Kittel
3. How to make room for God—In Man: Tracing Epictetus' totality of religious freedom - Hendrik Kaptein
4. The Right to Religious Freedom: A Judicial Approach - Dallas K. Miller
II The Scope and Limits of Religious Liberty
5. The Secular State’s Interest in Religious Liberty - Angus J. L. Menuge
6. Developments in Law and Secularism in Canada - Mary Anne Waldron, James K.A. Smith, Ray Pennings and Christian Vandergeest
7. The Challenging Parallelism of Rights Claims Based on Religious Identity and Sexual Identity - Dwight Newman
8. Religious Rights of Parents and Students in US K-12 Public Education - John H. Calvert
9. Over the Secular Ridge of Human Wants: The constitutional legitimacy of secular-state funding of chaplaincy programmes in Australia - Vito Breda
10. Modern Hostage-Taking: A Serious Problem for Religious Liberty Today - Paul Cliteur
11. Religious nonfreedoms traditions and the lack of universal education in the Indian social system: A WV3 case study of Jotirao Phule - Thom Wolf
12. Religious liberty in Brazil: piecing the puzzle through contemporary decisions - Katya Kozicki and William Pugliese
Angus J. L. Menuge is Professor and Chair of Philosophy, Concordia University, Wisconsin, USA. His teaching and research interests are in the areas of philosophy of mind and philosophy of science. He has published widely on these and related issues.
'Readers are sure to find this multi-faceted analysis of the constellation of social and legal questions surrounding religious liberty powerfully illuminative. These vital issues have recently assumed increasing importance, domestically and internationally, and this penetrating coverage of the terrain deserves both its place in the literature and a wide readership.'
David Baggett, Professor of Philosophy, Liberty University, USA
'Dr. Menuge has assembled an impressive and diverse group of contributors to address one of the most pressing issues of the day: religious liberty and the law. The book’s survey of legal, religious, and philosophical traditions around the world make this a must read for any serious student of the subject.'
John Bursch, Bursch Law PLLC
'While everyone else is running around talking about secondary issues, this book raises the questions that matter most: Is religious liberty a basic human need, and what assumptions about the universe and human nature are necessary to justify it? Religious Liberty and the Law cuts through both popular hysteria and superficial ideology to show us what is really at stake in these debates.'
Greg Forster, Trinity International University, USA