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Living Together with Disagreement
In this incisive and thought-provoking study, legal expert Iain Benson confronts crucial and controversial issues in the relation between religion and to-day's pluralistic, secular state. He reminds us of the original and proper sense of the "secular", not as meaning "anti-religious" but as encompassing without prejudice differing forms of religious belief and disbelief. Analysing recent judicial pronouncements, mainly but not exclusively from his native Canada, Benson demonstrates how this correct understanding of the secular has protected religious rights in the public square by preventing a totalistic state endorsement of any one form of belief. In the second part of his work, Benson draws on the conclusions of leading legal philosophers to show that recognizing the dignity of individuals in no way precludes open, public dissent from their views on such disputed topics as same-sex marriage. Envisaging the development of "a richer conception of diversity and genuine tolerance with an appropriately communitarian focus", Benson also issues an important warning against emerging tendencies to constrict such diversity in the name of a pseudo-liberal uniformity.
The Cambridge Handbook of Natural Law and Human Rights
This Handbook provides an intellectually rigorous and accessible overview of the relationship between natural law and human rights. It fills a crucial gap in the literature with leading scholarship on the importance of natural law as a philosophical foundation for human rights and its significance for contemporary debates. The themes covered include: the role of natural law thought in the history of human rights; human rights scepticism; the different notions of 'subjective right'; the various foundations for human rights within natural law ethics; the relationship between natural law and human rights in religious traditions; the idea of human dignity; the relation between human rights, political community and law; human rights interpretation; and tensions between human rights law and natural law ethics. This Handbook is an ideal introduction to natural law perspectives on human rights, while also offering a concise summary of scholarly developments in the field.
Faces of the rule of law in Europe
The current discussion on the rule of law, especially in the EU, seems to be developing because the terms that express the idea of the rule of law in different European languages do not convey the same content. The rule of law, der Rechtsstaat, l'état de droit, to name just three language versions, were coined in different historical contexts and within different traditions of political thought. The question then becomes, to what extent is diversity in the understanding of the rule of law still legitimate today? The answer is sought in the book we have edited, whose authors are academically recognized individuals representing these different traditions of legal and political thinking. The p...
Religious Freedom in Australia - a New Terra Nullius?
The papers in this book flowed from a Religious Liberty Conference convened jointly by the Sydney School of Law of The University of Notre Dame Australia, the International Center for Law and Religion Studies at Brigham Young University and the Research Unit for the Study of Society, Ethics and the Law at the University of Adelaide in 2018. The papers reflect insights and concerns about religious freedom when the Ruddock Review was considering whether religious liberty in Australia needed greater protection. Since that time, the Morrison government has commissioned the Australian Law Reform Commission to report on five of the Ruddock recommendations, the Australian Human Rights Commission has released a discussion paper of its own and the Commonwealth Attorney-General has released a draft Religious Discrimination Bill for discussion. The matters raised in these papers remain valid.
Religion, Liberty and the Jurisdictional Limits of Law
In recent years, law and religion scholarship in Canada has grown significantly. This distinctive collection of 18 papers addresses, from a variety of angles, the jurisdiction and the limits of law ¿ an important but often overlooked aspect of settling the boundaries of church and state, religion and law. The volume draws the insights of 19 authoritative contributors of diverse background and examines changes in the role and meaning of religion in society, the dimensions of law and religion and finally, the conflicts between freedom of religion and other freedoms as looked upon as fundamental rights of a liberal society.
Christianity and Constitutionalism
The first volume of its kind, Christianity and Constitutionalism explores the contribution of Christianity to constitutional law and constitutionalism as viewed from the perspectives of history, law, and theology. The authors examine a wide range of key figures, including Augustine, Thomas Aquinas, Moses, Martin Luther, and Roger Williams, offering innovative and thoughtful analyses of the relationship between religious thought and constitutional law. Part I features contributions from historians and is focused on the historical influence of Christianity on constitutionalism, recounting how the relationship between the Christian faith and fundamental ideas about law, justice, and government ...
Beyond Classical Liberalism
This volume brings together diverse sets of standpoints on liberalism in an era of growing skepticism and distrust regarding liberal institutions. The essays in the volume: • Relate concerns for liberal institutions with classical themes in perfectionist politics, such as the priority of the common good in decision-making or the role of comprehensive doctrines. • Analyse how perfectionist intuitions about the political life affect our concepts of public reason or public justification. • Outline various moral duties we have toward other persons that underlie the liberal institutions or notions of rights functioning across the contemporary political landscape. • Explore various aspects of pluralism from within influential religious or philosophical traditions, applying insights from those traditions to issues in contemporary politics. The comprehensive volume will be of great interest to scholars, students, and researchers of politics, especially those in political philosophy and political theory.
Literary Converts
Literary Converts is a biographical exploration into the spiritual lives of some of the greatest writers in the English language: Oscar Wilde, Evelyn Waugh, C.S. Lewis, Malcolm Muggeridge, Graham Greene, Edith Sitwell, Siegfried Sassoon, Hilaire Belloc, G.K. Chesterton, Dorothy Sayers, T.S. Eliot and J.R.R. Tolkien. The role of George Bernard Shaw and H.G. Wells in intensifying the religious debate despite not being converts themselves is also considered. Many will be intrigued to know more about what inspired their literary heroes; others will find the association of such names with Christian belief surprising or even controversial. Whatever viewpoint we may have, Literary Converts touches on some of the most important questions of the twentieth century, making it a fascinating read.
Law, Religion and Tradition
This book explores different theories of law, religion, and tradition, from both a secular and a religious perspective. It reflects on how tradition and change can affect religious and secular legal reasoning, identifying the patterns of legal evolution within religious and secular traditions. It is often taken for granted that, even in law, change corresponds and correlates to progress – that things ought to be changed and they will necessarily get better. There is no doubt that legal changes over the centuries have made it possible to enhance the protection of individual rights and to somewhat contain the possibility of tyranny and despotism. But progress is not everything in law: stabil...
