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Security, Religion, and the Rule of Law argues that true, substantive, and sustainable national security is only possible through respect for the rule of law, human rights, and religious freedom. Despite the emphasis on national security and the war on terror that has preoccupied governments for over two decades, nations – and the world – seem to be more divided than ever, with a concomitant impact of increasing the risk of terrorism and religious and political violence. The national security paradigm, previously reserved primarily for foreign threats, has been turned increasingly inwards, focusing on a state’s own citizens as potential threats. This is often along religious lines, thr...
This book presents an innovative exploration of the rise of political forces that have coalesced around the anti-gender movement, shaping strategies that advocate novel intersections of religion, politicization of gender and sexuality, and radical and populist rejuvenation of conservative ideologies. Through an extensive examination of activist discourses and mobilizations, the author offers a comprehensive political analysis of anti-gender mobilization, encompassing a multidimensional examination of religious, activist, and political opportunity structures. This study unveils three distinct facets characterizing these emerging (Catholic) movements: their relative autonomy from the Church (e...
In recent decades, the Netherlands and Flanders have faced challenges in how to deal with a multicultural society. As far as worldviews are concerned, the question arises whether the state should guarantee a maximum level of choice concerning religion and humanism to individuals or leave a free space to the religious and humanist communities. This study explores in how far committed Catholic, Protestant, Muslim and humanist youth agree with different models of the relationship between worldviews and the state against the backdrop of their religious and humanist beliefs, as well as social determinants. It does so by drawing on quantitative and qualitative empirical research. The analyses show...
"Borders and Belonging is a pathbreaking, comprehensive, and compact analysis of responses to human migration. It is for a general audience that wants to view migration issues from many perspectives. Though relying primarily on the specifics in the United States, its audience should be worldwide. By answering questions that are rarely asked together, this book's approach is unique. Borders and Belonging starts with an inquiry into how countries restrict movement, rights, and privileges based on citizenship and immigration status. The book next suggests ways to think about challenges to national borders. Sometimes, people make claims based on their humanity, objecting to national borders that...
This book examines how science fiction informs the legal imagination of technological futures. Science fiction, the contributors to this book argue, is a storehouse of images, tropes, concepts and memes that inform the legal imagination of the future, and in doing so generate impetus for change. Specifically, the contributors examine how science fictions imagine human life in space, in the digital and as formed and negotiated by corporations. They then connect this imaginary to how law should be understood in the present and changed for the future. Across the chapters, there is an urgent sense of the need for law – as it is has been, and as it might become – to order and safeguard the future for a multiplicity of vulnerable entities. This book will appeal to scholars and students with interests in law and technology, legal theory, cultural legal studies and law and the humanities.
This collection addresses many of the issues arising from the management of religious and cultural diversity in a multicultural society and refers to the complex relationship between the right to religious freedom and security. In recent decades, and particularly since September 2001, the right to religious freedom, which has hitherto been widely protected, has come up against a significant challenge in terms of security, or rather, in the subjectively and publicly perceived feelings of security. This book collects original theoretical, legal and comparative contributions addressing several implications for the right to freedom of religion or belief through the lens of security. It offers a ...
Although legislation has in the past decades become the legal cornerstone of European integration, the EU legislature remains systematically neglected in EU legal scholarship. This book explores the virtues of the legislative process and the nature of legislative acts and asks how moving the legislature from the sidelines to the centre of legal analysis changes our understanding of the EU Court of Justice's role. The first part of the book examines how the CJEU should exercise its authority relative to the legislature. The author argues that as the legislature lends democratic legitimacy to EU law and is a better lawmaker than the judiciary, that judicial deference to the legislature's choices is required in all but exceptional circumstances. The second part of the book sets forth a theory of legislative interpretation that enables judicial officials to respect the wishes of the legislature. This theory shows, first, that the legislature can aggregate the intentions of individual legislators into a coherent legislative intent, and second, how this legislative intent can be identified from the publicly available legislative material.
The display of religious symbols in the public space has been the subject of much debate. This book provides an overview of the presence of religious symbols in Italian public institutions from a legal standpoint. The situation is analysed from the perspective of the principles of laicità/secularism, as defined by the Constitutional Court, and freedom of religion. It is argued that while the display of religious symbols in public institutions has been widely investigated doctrinally, the wearing of religious symbols in Italy has generally been neglected. Key cases are examined in light of national jurisprudence as well as intervention by the European Court of Human Rights and relevant judgm...
The judicialisation of religious freedom conflicts is long recognised. But to date, little has been written on the active role that religious actors and advocacy groups play in this process. This important book does just that. It examines how Jehovah's Witnesses, Muslims, Sikhs, Evangelicals, Christian conservatives and their global support networks have litigated the right to freedom of religion at the European Court of Human Rights over the past 30 years. Drawing on in-depth interviews with NGOs, religious representatives, lawyers and legal experts, it is a powerful study of the social dynamics that shape transnational legal mobilisation and the ways in which legal mobilisation shapes discourses and conflict lines in the field of transnational law.
Religion in Liberal Democracy as a Form of Life advances a theory to deal with the challenges connected to the liberal democratic ideal that all people are free to codetermine the future of their society and equally entitled to their religion and beliefs, given the historical bias towards Christianity in politics and culture within many European societies. Religious diversity and social and political participation are in fact fiercely contested issues. Critical scholars from philosophy and cultural theory contest that liberal political theories of freedom of religion can adequately deal with issues connected to an increasingly diversified and secularized religious field in historically Chris...