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The Religion of Law
How is religion, particularly non-Christianness, conceptualised and represented in English law? What is the relationship between religion, race, ethnicity and culture in these conceptualisations? What might be the socio-political effects of conceptualising religion in particular ways? This book addresses these key questions in two areas of law relating to children. The first case study focuses on child welfare cases and reveals how the boundaries between race and theological notions of religion as belief and practice are blurred. Non-Christians are also often perceived as uncivilized but also, at times, racial otherness can be erased and assimilated. The second examines religion in education and the increasing focus on 'common values'. It demonstrates how non-Christian faith schools are deemed as in need of regulation, while Christian schools are the benchmark of good citizenship. In addition, values discourse and citizenship education provide a means to 'de-racialise' non-Christian children in the ongoing construction of the nation. Central to this analysis is a focus on religion as a socio-political, contingent, fluid and invented concept.
Religious Confession Privilege and the Common Law
Despite what most evidence law texts say, religious confession privilege does exist at common law. This book provides proof from both historical and common law materials with consequences even in jurisdictions where the privilege now exists in statutory form.
Religious Ideas in Liberal Democratic States
Religious Ideas in Liberal Democratic States adds new context to the ongoing debate over the scope of religious freedom, drawing from a variety of perspectives to discuss the meaning of religion itself within a democratic state. This book argues that categorizing religion as a solely private affair is too narrow an interpretation and questions whether ideas like freedom, human dignity, and equality can be truly actualized in a neutral and secular state. Contributors explore the impact of religion, acknowledged or not, on legislation, human rights, and group rights through legal, historical, and sociological lenses. Scholars of constitutional law, jurisprudence, international law, and political science will find this book particularly useful.
Freedom of Religion and the Secular State
Exploring the relationship between religion and the state Focusing on the intersection of religion, law, and politics in contemporary liberal democracies, Blackford considers the concept of the secular state, revising and updating enlightenment views for the present day. Freedom of Religion and the Secular State offers a comprehensive analysis, with a global focus, of the subject of religious freedom from a legal as well as historical and philosophical viewpoint. It makes an original contribution to current debates about freedom of religion, and addresses a whole range of hot-button issues that involve the relationship between religion and the state, including the teaching of evolution in schools, what to do about the burqa, and so on.
Religious Freedom in the Liberal State
Rex Ahdar and Ian Leigh present a critique of how religious freedom should be understood in liberal legal systems, based on historical and contemporary controversies.
Legal Responses to Religious Differences
Until recently English law has lacked any specific, generally applicable, guarantees of religious rights. Thus, bodies of law have developed in particular areas where religious interests arise but without a common legal frame. The Human Rights Act 1998, however, has brought the guarantees of the European Convention on Human Rights, most specifically the guarantees of religious rights, non-discrimination, and education rights, more fully into English law. As well as showing how one legal system has engaged with international obligations in respect of religious rights, this text provides a valuable source for comparative study of religious interests in national jurisdictions. It explores the particular response of the English legal system when faced with religious difference, and considers the extent to which the Human Rights Act may produce significant legal change. The text is aimed specifically at both the legal and non-legal reader, and concludes with a discussion of how to use English legal sources, and an extensive bibliography.
Freedom from Religion and Human Rights Law
Although human rights belong to all persons on the basis of their humanity, this book demonstrates that in the practice of international human rights law, the freedom to be non-religious or atheist does not receive the same protection as the freedom to be religious. Despite the claimed universality of freedom of religion and belief contained in article 18 of the International Covenant on Civil and Political Rights, the key assertion made is that there is a hierarchy of religion and belief, with followers of major established religions enjoying high protection and low regulation at the top, and atheists and non-believers enduring high persecution and weaker protection at the bottom. The existence of this hierarchy is proven and critiqued through three case study chapters that respectively explore the extent to which non-religious and atheist rights-holders enjoy freedom from proselytism, freedom from hate and freedom from the religions of their parents.
State and Religion
With its increasingly secular and religiously diverse population Australia faces many challenges in determining how the state and religion should interact. Australia is not unique in facing these challenges. States worldwide, including common law countries with shared legal and religious heritages, have also been faced with the question of how the state and religion should relate to one another. Countries such as the United Kingdom, Canada, New Zealand and the United States have all had to grapple with how to manage the state-religion relationship in the present day. This book provides a comprehensive historical review of the interaction of the state and religion in Australia. It brings toge...
The Politics of Inclusive Pluralism
“Long live the red terror!” This and other political slogans were used by China’s communist rulers as leverage for conflict and conflict management during 1949. China’s Cultural Revolution movement understandably fueled anger, fear, and terror among Chinese citizens. Currently, contrary to the positive façade that China, under the control of the Communist Chinese Party (CCP), tries to project regarding human rights, a dark reality reveals a brutal authoritarian state with no concern for religious freedom. What guiding philosophy could best help procure, provide, and protect religious freedom for all in a post-communist, Christianized, democratic China? Bob Fu argues that while vario...
Alcohol in the Maghreb and the Middle East since the Nineteenth Century
This book explores the significance of alcohol in the Middle East and Maghreb as a powerful catalyst of social and political division. It shows that the solidarities and polarities created by disputes over alcohol are built on arguments far more complex than oppositions on religion or consumption alone. In a region in which alcohol is banned by Islamic rules, yet allows its production and consumption, alcohol has always been contentious. However, this volume examines the different forms of social authority – religious, cultural and political – to offer a new understanding of drinking behaviours in the Middle East and North Africa. It suggests that alcohol, being at the same time an impor...
