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An analysis of the interaction between religious organisations and the law, this book will examine how English law applies to religious organisations where there are conflicts between the organisation and the law.
What is the place of faith in public life in the UK? Beyond ‘secularism’ that seeks to relegate faith to the margins of public life, and a ‘Christian nation’ position that seeks to retain, or even regain, Christian public privilege, there is a third way. Faith in Democracy: Framing a Politics of Deep Diversity calls for an approach that maximises public space for the expression of faith-based visions within democratic fora while repudiating all traces of religious privilege. It argues for a truly conversational space, reflecting theologically on the contested concepts at the heart of the current debate about the place of faith in British public life: democracy, secularism, pluralism and public faith.
'The Status of Religion and the Public Benefit in Charity Law' is an apologetic for maintaining the presumption of public benefit for the charitable category ‘advancement of religion’ in democratic countries within the English common law tradition. In response to growing academic and political pressure to reform charity law – including recurring calls to remove tax exemptions granted to religious charities – the scholars in this volume analyse the implications of legislative and legal developments in Canada, the UK, Australia, New Zealand and South Africa. In the process, they also confront more fundamental, sociological or philosophical questions on the very nature and role of relig...
A radically theological-political account of religious liberty, challenging secularisation narratives and liberal egalitarian arguments.
This book investigates and critically evaluates the concept of public benefit within charity law in the common law world. In the course of the study the book: provides a rich account of how the concept of public benefit has developed over time in charity law jurisprudence; deepens understanding of the aspects of public benefit that remain poorly understood even today; and suggests ways in which public benefit jurisprudence might develop in an orderly and principled way so as to better address some of the core concerns of charity law and the public policy objectives that lie behind it. The book includes contributions from world leading charity law experts and jurists. Each chapter reflects on...
Introduction -- Membership -- Employment -- Property disputes -- The family -- Goods and services -- Conclusion
Using the metaphor of ‘constitutional space’, this thought-provoking book describes the confluence and convergence of powers in a constitutional system, comprised of the principled exercise of the legislative, executive and judicial powers of constitutional government. Addressing the issues surrounding the freedom of religion or belief, the book explores the dimensions of constitutional space and the content of this freedom, as well as comparative approaches to defining and protecting this freedom.
This collection considers the relationship between religion, state, and market. In so doing, it also illustrates that the market is a powerful site for the cultural work of secularizing religious conflict. Though expressed as a simile, with religious freedom functioning like market freedom, “free market religion” has achieved the status of general knowledge about the nature of religion as either good or bad. It legislates good religion as that which operates according to free market principles: it is private, with no formal relationship to government; and personal: a matter of belief and conscience. As naturalized elements of historically contingent and discursively maintained beliefs ab...
This book investigates the intersection between business and religion from a legal perspective. Taking a fresh look at some of the most compelling literature in law and religion, it proposes a rethinking of what scholars on both sides of the Atlantic have dubbed “church autonomy” or, more recently, “corporate religious freedom”. The volume explores how, in the wake of a decade of US Supreme Court case law, corporate religious freedom is now increasingly being extended to protect the religious liberty of another corporate entity: the for-profit corporation. By exposing this shift from church to business autonomy in American law, it is argued that a similar narrative has also begun to ...
The book aims at presenting an updated version of the basic and general human rights debates. While it is frequently suggested that Human Rights are universal and indivisible, it is an undeniable fact that this is far from being true. And if there was ever any justification for talking about an ending to history, that narrative has definitely lost all justification in the light of recent developments. In fact, we are now witnessing a new harsh round of global system competition, often at the edge of a global hot war, now not anymore in a bipolar world but in a multipolar setting.The book contributions include reflections on history and theory, the reinterpretation of rights in different national contexts and/or in relation to specific groups (e.g. women) and areas (e.g. digitization).The book is meant to be a food for thought, at the end arguing in favour of the need to redefine Human Rights, reflecting the changes since the inauguration of the UDHR.