Litigating Religions

Litigating Religions
Author :
Publisher : Oxford University Press
Total Pages : 240
Release :
ISBN-10 : 9780191076862
ISBN-13 : 0191076864
Rating : 4/5 (62 Downloads)

Synopsis Litigating Religions by : Christopher McCrudden

Religions are a problem for human rights, and human rights are a problem for religions. And both are problems for courts. This book presents an interpretation of how religion and human rights interrelate in the legal context, and how this relationship might be reconceived to make this relationship somewhat less fraught. Litigating Religions, an essay adapted by Christopher McCrudden from the Alberico Gentili Lectures given at the University of Macerata, Italy, examines how the resurgent role of religion in public life gives rise to tensions with key aspects of human rights, in particular freedom of religion and anti-discrimination law, and how these tensions cannot be considered as simply transitional. The context for the discussion is the increasingly troubled area of human rights litigation involving religious arguments, such as wearing religious dress at work, conscientious objections by marriage registrars, admission of children to religious schools, prohibitions on same-sex marriage, and access to abortion. Christopher McCrudden argues that, if we wish to establish a better dialogue between the contending views, we must address a set of recurring problems identifiable in such litigation. To address these problems requires changes both in human rights theory and in religious understandings.

Litigating Religions

Litigating Religions
Author :
Publisher : Oxford University Press
Total Pages : 225
Release :
ISBN-10 : 9780198759041
ISBN-13 : 0198759045
Rating : 4/5 (41 Downloads)

Synopsis Litigating Religions by : Christopher McCrudden

Human rights literature has tended to exclude religious foundations from the realm of human rights. This has led to a lack of progress which confuses our understanding of the relationship between human rights and religion: this book argues that by paying close attention to developments in human rights litigation we can make theoretical progress.

Trumping Religion

Trumping Religion
Author :
Publisher : University of Alabama Press
Total Pages : 200
Release :
ISBN-10 : 9780817311780
ISBN-13 : 0817311785
Rating : 4/5 (80 Downloads)

Synopsis Trumping Religion by : Steven P. Brown

The first scholarly treatment of the strategies employed by the New Christian Right in litigating cases regarding religion Trumping Religion provides a detailed analysis of the five major public-interest law firms that have litigated religion cases in the federal courts between 1980 and 2000. Allied with several highly vocal, evangelical ministries, such as those of Jerry Falwell and Pat Robinson, these legal organizations argue that religious expression is a form of protected speech and thereby gain a greater latitude of interpretation in the courts. The long-term agenda of the New Christian Right as illuminated by this study is to shape church-state jurisprudence in a way that permits free course for the Christian gospel. Steven P. Brown presents his research and conclusions from a balanced viewpoint. In filling a distinct void in the literature, this book will be of considerable interest to political scientists, legal scholars, law schools and seminaries, and anyone concerned with the intersection of religion and judicial politics.

In Praise of Litigation

In Praise of Litigation
Author :
Publisher : Oxford University Press
Total Pages : 233
Release :
ISBN-10 : 9780199380817
ISBN-13 : 0199380813
Rating : 4/5 (17 Downloads)

Synopsis In Praise of Litigation by : Alexandra Lahav

While the right to have one's day in court is a cherished feature of the American democratic system, alarms that the United States is hopelessly litigious and awash in frivolous claims have become so commonplace that they are now a fixture in the popular imagination. According to this view, litigation wastes precious resources, stifles innovation and productivity, and corrodes our social fabric and the national character. Calls for reform have sought, often successfully, to limit people's access to the court system, most often by imposing technical barriers to bringing suit. Alexandra Lahav's In Praise of Litigation provides a much needed corrective to this flawed perspective, reminding us of the irreplaceable role of litigation in a well-functioning democracy and debunking many of the myths that cloud our understanding of this role. For example, the vast majority of lawsuits in the United States are based on contract claims, the median value of lawsuits is on a downward trend, and, on a per capita basis, many fewer lawsuits are filed today than were filed in the 19th century. Exploring cases involving freedom of speech, foodborne illness, defective cars, business competition, and more, the book shows that despite its inevitable limitations, litigation empowers citizens to challenge the most powerful public and private interests and hold them accountable for their actions. Lawsuits change behavior, provide information to consumers and citizens, promote deliberation, and express society's views on equality and its most treasured values. In Praise of Litigation shows how our court system protects our liberties and enables civil society to flourish, and serves as a powerful reminder of why we need to protect people's ability to use it. The tort reform movement has had some real successes in limiting what can reach the courts, but there have been victims too. As Alexandra Lahav shows, it has become increasingly difficult for ordinary people to enforce their rights. In the grand scale of lawsuits, actually crazy or bogus lawsuits constitute a tiny minority; in fact, most anecdotes turn out to be misrepresentations of what actually happened. In In Praise of Litigation, Lahav argues that critics are blinded to the many benefits of lawsuits. The majority of lawsuits promote equality before the law, transparency, and accountability. Our ability to go to court is a sign of our strength as a society and enables us to both participate in and reinforce the rule of law. In addition, joining lawsuits gives citizens direct access to governmental officials-judges-who can hear their arguments about issues central to our democracy, including the proper extent of police power and the ability of all people to vote. It is at least arguable that lawsuits have helped spur major social changes in arenas like race relations and marriage rights, as well as made products safer and forced wrongdoers to answer for their conduct. In this defense, Lahav does not ignore the obvious drawbacks to litigiousness. It is expensive, stressful, and time consuming. Certainly, sensible reforms could make the system better. However, many of the proposals that have been adopted and are currently on the table seek only to solve problems that do not exist or to make it harder for citizens to defend their rights and to enforce the law. This is not the answer. In Praise of Litigation offers a level-headed and law-based assessment of the state of litigation in America as well as a number of practical steps that can be taken to ensure citizens have the right to defend themselves against wrongs while not odiously infringing on the rights of others.

Freedom of Religion and Religious Diversity

Freedom of Religion and Religious Diversity
Author :
Publisher : Taylor & Francis
Total Pages : 307
Release :
ISBN-10 : 9781040131152
ISBN-13 : 1040131158
Rating : 4/5 (52 Downloads)

Synopsis Freedom of Religion and Religious Diversity by : Md Jahid Hossain Bhuiyan

Today, pluralism is increasingly the norm and can be seen as a permanent characteristic of modernity. As seen in world events, religion has not become irrelevant but more diverse, giving rise to a complex web of religion and belief minorities, together with intra-plural majorities. Nations seek ways to implement the ideal of freedom of religion, but as this book shows, whether East or West, in the global North or the South, there is no simple formalism for accommodating religious diversity. Different faith communities have competing needs and demands for the same social space, with tensions inevitably arising. This book highlights responses from liberal democracies which enshrine secularism into their constitutions to other constitutions where religion and ethnic identity are enshrined to prioritise their ethno-religious majority. Western and Asian countries encounter different obstacles and challenges. With analysis from 19 international scholars, the book explores different obstacles and responses to accommodation of religious minorities in a range of jurisdictions. In a globalised world, it will be invaluable for comparative legal scholars, for law and religion scholars, researchers and students, and decision-makers, e.g., governments, non-governmental organisations, and for those who seek to better understand the challenges of our time.

The Church and Employment Law

The Church and Employment Law
Author :
Publisher : Taylor & Francis
Total Pages : 247
Release :
ISBN-10 : 9781000804980
ISBN-13 : 1000804984
Rating : 4/5 (80 Downloads)

Synopsis The Church and Employment Law by : John Duddington

This book examines the current law on the employment status of ministers of religion together with religious workers and volunteers and suggests reforms in this area of the law to meet the need for ministers to be given a degree of employment protection. It also considers the constant theme in Christian history that the clergy should not be subject to the ordinary courts and asks whether this is justified with the growth of areas such as employment law. The work questions whether it is possible to arrive at a satisfactory definition of who is a minister of religion and, along with this, who would be the employer of the minister if there was a contract of employment. Taking a comparative perspective, it evaluates the case law on the employment status of Christian and non-Christian clergy and assesses whether this shows any coherent theme or line of development. The work also considers the issue of ministerial employment status against the background of the autonomy of churches and other religious bodies from the State, together with their ecclesiology. The book will be of interest to academics and researchers working in the areas of law and religion, employment law and religious studies, together with both legal practitioners and human resources practitioners in these areas.

Litigating in Federal Court

Litigating in Federal Court
Author :
Publisher :
Total Pages : 174
Release :
ISBN-10 : STANFORD:36105060437899
ISBN-13 :
Rating : 4/5 (99 Downloads)

Synopsis Litigating in Federal Court by : Ann E. Woodley

This book is designed to provide guidance to the law student or litigator as to the applicable rules--and the inter-relationship among those rules--for all of the stages of a federal civil lawsuit. The Federal Rules of Civil Procedure are not sufficiently organized or cross-referenced to allow law students or litigators to easily understand the relationships among the rules, or to make sure that all relevant rules have been consulted. Litigating in Federal Court seeks to remedy this deficiency. Litigating in Federal Court is divided into two parts. The first part of the book covers all of the stages of federal court litigation, including a short narrative discussion of each stage and one or more charts showing the applicable rules and their relationship to each other. These charts have been drafted and re-drafted over a period of years in order to best represent the knowledge of litigation that Professor Woodley has acquired in the process of learning, teaching, and using the litigation process. The second part of the book contains multiple checklists for drafting most of the documents used in the pretrial process (which include citations of the basic relevant rules). This extremely practical yet analytically complex guide to federal court litigation will prove to be a valuable resource for law students and litigators alike.

Post-Liberal Religious Liberty

Post-Liberal Religious Liberty
Author :
Publisher : Cambridge University Press
Total Pages : 279
Release :
ISBN-10 : 9781108836500
ISBN-13 : 110883650X
Rating : 4/5 (00 Downloads)

Synopsis Post-Liberal Religious Liberty by : Joel Harrison

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

Litigating Religions

Litigating Religions
Author :
Publisher : Oxford University Press
Total Pages : 225
Release :
ISBN-10 : 9780192551559
ISBN-13 : 0192551558
Rating : 4/5 (59 Downloads)

Synopsis Litigating Religions by : Christopher McCrudden

Religions are a problem for human rights, and human rights are a problem for religions. And both are problems for courts. This book presents an interpretation of how religion and human rights interrelate in the legal context, and how this relationship might be reconceived to make this relationship somewhat less fraught. Litigating Religions, an essay adapted by Christopher McCrudden from the Alberico Gentili Lectures given at the University of Macerata, Italy, examines how the resurgent role of religion in public life gives rise to tensions with key aspects of human rights, in particular freedom of religion and anti-discrimination law, and how these tensions cannot be considered as simply transitional. The context for the discussion is the increasingly troubled area of human rights litigation involving religious arguments, such as wearing religious dress at work, conscientious objections by marriage registrars, admission of children to religious schools, prohibitions on same-sex marriage, and access to abortion. Christopher McCrudden argues that, if we wish to establish a better dialogue between the contending views, we must address a set of recurring problems identifiable in such litigation. To address these problems requires changes both in human rights theory and in religious understandings.

Defend the Sacred

Defend the Sacred
Author :
Publisher : Princeton University Press
Total Pages : 400
Release :
ISBN-10 : 9780691190907
ISBN-13 : 0691190909
Rating : 4/5 (07 Downloads)

Synopsis Defend the Sacred by : Michael D. McNally

"In 2016, thousands of people travelled to North Dakota to camp out near the Standing Rock Sioux Reservation to protest the construction of an oil pipeline that is projected to cross underneath the Missouri River a half mile upstream from the Reservation. The Standing Rock Sioux consider the pipeline a threat to the region's clean water and to the Sioux's sacred sites (such as its ancient burial grounds). The encamped protests garnered front-page headlines and international attention, and the resolve of the protesters was made clear in a red banner that flew above the camp: "Defend the Sacred". What does it mean when Native communities and their allies make such claims? What is the history of such claim-making, and why has this rhetorical and legal strategy - based on appeals to religious freedom - failed to gain much traction in American courts? As Michael McNally recounts in this book, Native Americans have repeatedly been inspired to assert claims to sacred places, practices, objects, knowledge, and ancestral remains by appealing to the discourse of religious freedom. But such claims based on alleged violations of the First Amendment "free exercise of religion" clause of the US Constitution have met with little success in US courts, largely because Native American communal traditions have been difficult to capture by the modern Western category of "religion." In light of this poor track record Native communities have gone beyond religious freedom-based legal strategies in articulating their sacred claims: in (e.g.) the technocratic language of "cultural resource" under American environmental and historic preservation law; in terms of the limited sovereignty accorded to Native tribes under federal Indian law; and (increasingly) in the political language of "indigenous rights" according to international human rights law (especially in light of the 2007 U.N. Declaration of the Rights of Indigenous Peoples). And yet the language of religious freedom, which resonates powerfully in the US, continues to be deployed, propelling some remarkably useful legislative and administrative accommodations such as the 1990 Native American Graves Protection and Reparation Act. As McNally's book shows, native communities draw on the continued rhetorical power of religious freedom language to attain legislative and regulatory victories beyond the First Amendment"--