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A Christian Approach to Corporate Religious Liberty
  • Language: en
  • Pages: 282

A Christian Approach to Corporate Religious Liberty

This book addresses one of the most urgent issues in contemporary American law—namely, the logic and limits of extending free exercise rights to corporate entities. Pointing to the polarization that surrounds disputes like Burwell v. Hobby Lobby, David argues that such cases need not involve pitting flesh-and-blood individuals against the rights of so-called “corporate moral persons.” Instead, David proposes that such disputes should be resolved by attending to the moral quality of group actions. This approach shifts attention away from polarizing rights-talk and towards the virtues required for thriving civic communities. More radically, however, this approach suggests that groups themselves should not be viewed as things or “persons” in the first instance, but rather as occasions of coordinated activity. Discerned in the writings of Saint Thomas Aquinas, this reconceptualization helps illuminate the moral stakes of a novel—and controversial—form of religious freedom.

The Rise of Corporate Religious Liberty
  • Language: en
  • Pages: 521

The Rise of Corporate Religious Liberty

  • Categories: Law

What are the rights of religious institutions? Should those rights extend to for-profit corporations? Houses of worship have claimed they should be free from anti-discrimination laws in hiring and firing ministers and other employees. Faith-based institutions, including hospitals and universities, have sought exemptions from requirements to provide contraception. Now, in a surprising development, large for-profit corporations have succeeded in asserting rights to religious free exercise. The Rise of Corporate Religious Liberty explores this "corporate" turn in law and religion. Drawing on a broad range perspectives, this book examines the idea of "freedom of the church," the rights of for-profit corporations, and the implications of the Supreme Court's landmark decision in Burwell v. Hobby Lobby for debates on anti-discrimination law, same-sex marriage, health care, and religious freedom.

Islam and Liberal Citizenship
  • Language: en
  • Pages: 361

Islam and Liberal Citizenship

  • Categories: Law

Some argue that Muslims have no tradition of separation of church and state and therefore can't participate in secular, pluralist society. At the other extreme, some Muslims argue that it is the duty of all believers to resist Western forms of government and to impose Islamic law. In Islam and Liberal Citizenship, Andrew F. March is seeking to find a middle way between these poles.

Constitutional Public Reason
  • Language: en
  • Pages: 417

Constitutional Public Reason

  • Categories: Law

Public reason, which urges that only laws based on principles reasonably agreeable to all those bound by them are legitimate, has rarely been applied to constitutional law, and never in a comparative way. This book aspires to fill that gap, by studying the use of public reason in different constitutional systems. In doing so, it studies public reason both as a normative idea - as a principle postulated for democratic constitutionalism, and as a descriptive account - as helping to understand many important doctrines in constitutional adjudication of some leading constitutional courts around the world, and also in the supranational sphere. Constitutional Public Reason questions the performance...

Corporate Personhood
  • Language: en
  • Pages: 317

Corporate Personhood

Explores the nature of corporate personhood and how it affects the rights, powers, and influence of corporations in society.

Church, State, and Family
  • Language: en
  • Pages: 457

Church, State, and Family

  • Categories: Law

Presents a robust defence of the essential place of stable marital families in modern liberal societies.

Free Exercise of Religion in the Liberal Polity
  • Language: en
  • Pages: 309

Free Exercise of Religion in the Liberal Polity

This book addresses the challenge of providing for the free exercise of religion without allowing religious exercise by some individuals and groups to impinge upon the conscientious convictions of others. State neutrality toward religion is impossible, because neutrality means inattention to religion for some, but leveling the playing field through accommodations or exemptions for others. Both formal and substantive neutrality have a place in addressing particular conflicts. One such example is public funding for religiously affiliated social service programs, for which neither type of neutrality is satisfactory and thus some restrictions are justifiable; conversely, private voluntary organi...

Public Reason and Courts
  • Language: en
  • Pages: 397

Public Reason and Courts

  • Categories: Law

A comprehensive study of public reason for courts, with contributions from leading scholars in philosophy, political science and law.

The Agnostic Age
  • Language: en
  • Pages: 352

The Agnostic Age

  • Categories: Law

The Agnostic Age: Law, Religion, and the Constitution is a book for lawyers, law professors, law students, lawmakers, and any citizen who cares about church-state conflict and about the relationship between religion and liberal democracy. It provides a way to understand and balance the conflicts that inevitably arise when neighbors struggle with neighbors, and when liberal democracy tries to reach common ground with religious beliefs and practices. Paul Horwitz argues that the fundamental reason for the church-state conflict is our aversion to questions of religious truth. By trying to avoid the question of religious truth, law and religion has ultimately only reached a state of incoherence....

Post-Liberal Religious Liberty
  • Language: en
  • Pages: 279

Post-Liberal Religious Liberty

  • Categories: Law

A radically theological-political account of religious liberty, challenging secularisation narratives and liberal egalitarian arguments.