Religious Freedom in an Egalitarian Age

Religious Freedom in an Egalitarian Age
Author :
Publisher : Harvard University Press
Total Pages : 279
Release :
ISBN-10 : 9780674971431
ISBN-13 : 0674971434
Rating : 4/5 (31 Downloads)

Synopsis Religious Freedom in an Egalitarian Age by : Nelson Tebbe

Tensions between religious freedom and equality law are newly strained in America. As lawmakers work to protect LGBT citizens and women seeking reproductive freedom, religious traditionalists assert their right to dissent from what they see as a new liberal orthodoxy. Some religious advocates are going further and expressing skepticism that egalitarianism can be defended with reasons at all. Legal experts have not offered a satisfying response—until now. Nelson Tebbe argues that these disputes, which are admittedly complex, nevertheless can be resolved without irrationality or arbitrariness. In Religious Freedom in an Egalitarian Age, he advances a method called social coherence, based on the way that people reason through moral problems in everyday life. Social coherence provides a way to reach justified conclusions in constitutional law, even in situations that pit multiple values against each other. Tebbe contends that reasons must play a role in the resolution of these conflicts, alongside interests and ideologies. Otherwise, the health of democratic constitutionalism could suffer. Applying this method to a range of real-world cases, Tebbe offers a set of powerful principles for mediating between religion and equality law, and he shows how they can lead to workable solutions in areas ranging from employment discrimination and public accommodations to government officials and public funding. While social coherence does not guarantee outcomes that will please the liberal Left, it does point the way toward reasoned, nonarbitrary solutions to the current impasse.

Religious Freedom in an Egalitarian Age

Religious Freedom in an Egalitarian Age
Author :
Publisher : Harvard University Press
Total Pages : 279
Release :
ISBN-10 : 9780674974890
ISBN-13 : 0674974891
Rating : 4/5 (90 Downloads)

Synopsis Religious Freedom in an Egalitarian Age by : Nelson Tebbe

Tensions between religious freedom and equality law are newly strained in America. As lawmakers work to protect LGBT citizens and women seeking reproductive freedom, religious traditionalists assert their right to dissent from what they see as a new liberal orthodoxy. Some religious advocates are going further and expressing skepticism that egalitarianism can be defended with reasons at all. Legal experts have not offered a satisfying response—until now. Nelson Tebbe argues that these disputes, which are admittedly complex, nevertheless can be resolved without irrationality or arbitrariness. In Religious Freedom in an Egalitarian Age, he advances a method called social coherence, based on the way that people reason through moral problems in everyday life. Social coherence provides a way to reach justified conclusions in constitutional law, even in situations that pit multiple values against each other. Tebbe contends that reasons must play a role in the resolution of these conflicts, alongside interests and ideologies. Otherwise, the health of democratic constitutionalism could suffer. Applying this method to a range of real-world cases, Tebbe offers a set of powerful principles for mediating between religion and equality law, and he shows how they can lead to workable solutions in areas ranging from employment discrimination and public accommodations to government officials and public funding. While social coherence does not guarantee outcomes that will please the liberal Left, it does point the way toward reasoned, nonarbitrary solutions to the current impasse.

When Free Exercise and Nonestablishment Conflict

When Free Exercise and Nonestablishment Conflict
Author :
Publisher : Harvard University Press
Total Pages : 305
Release :
ISBN-10 : 9780674972209
ISBN-13 : 0674972201
Rating : 4/5 (09 Downloads)

Synopsis When Free Exercise and Nonestablishment Conflict by : Kent Greenawalt

The First Amendment to the United States Constitution begins: “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.” Taken as a whole, this statement has the aim of separating church and state, but tensions can emerge between its two elements—the so-called Nonestablishment Clause and the Free Exercise Clause—and the values that lie beneath them. If the government controls (or is controlled by) a single church and suppresses other religions, the dominant church’s “establishment” interferes with free exercise. In this respect, the First Amendment’s clauses coalesce to protect freedom of religion. But Kent Greenawalt sets out a variety of situations in which the clauses seem to point in opposite directions. Are ceremonial prayers in government offices a matter of free exercise or a form of establishment? Should the state provide assistance to religious private schools? Should parole boards take prisoners’ religious convictions into account? Should officials act on public reason alone, leaving religious beliefs out of political decisions? In circumstances like these, what counts as appropriate treatment of religion, and what is misguided? When Free Exercise and Nonestablishment Conflict offers an accessible but sophisticated exploration of these conflicts. It explains how disputes have been adjudicated to date and suggests how they might be better resolved in the future. Not only does Greenawalt consider what courts should decide but also how officials and citizens should take the First Amendment’s conflicting values into account.

Religion, Secularism, and Constitutional Democracy

Religion, Secularism, and Constitutional Democracy
Author :
Publisher : Columbia University Press
Total Pages : 465
Release :
ISBN-10 : 9780231540735
ISBN-13 : 0231540736
Rating : 4/5 (35 Downloads)

Synopsis Religion, Secularism, and Constitutional Democracy by : Jean L. Cohen

Polarization between political religionists and militant secularists on both sides of the Atlantic is on the rise. Critically engaging with traditional secularism and religious accommodationism, this collection introduces a constitutional secularism that robustly meets contemporary challenges. It identifies which connections between religion and the state are compatible with the liberal, republican, and democratic principles of constitutional democracy and assesses the success of their implementation in the birthplace of political secularism: the United States and Western Europe. Approaching this issue from philosophical, legal, historical, political, and sociological perspectives, the contributors wage a thorough defense of their project's theoretical and institutional legitimacy. Their work brings fresh insight to debates over the balance of human rights and religious freedom, the proper definition of a nonestablishment norm, and the relationship between sovereignty and legal pluralism. They discuss the genealogy of and tensions involving international legal rights to religious freedom, religious symbols in public spaces, religious arguments in public debates, the jurisdiction of religious authorities in personal law, and the dilemmas of religious accommodation in national constitutions and public policy when it violates international human rights agreements or liberal-democratic principles. If we profoundly rethink the concepts of religion and secularism, these thinkers argue, a principled adjudication of competing claims becomes possible.

Liberalism’s Religion

Liberalism’s Religion
Author :
Publisher : Harvard University Press
Total Pages : 345
Release :
ISBN-10 : 9780674976269
ISBN-13 : 0674976266
Rating : 4/5 (69 Downloads)

Synopsis Liberalism’s Religion by : Cécile Laborde

Cécile Laborde argues that religion is more than a statement of belief or a moral code. It refers to comprehensive ways of life, theories of justice, modes of association, and vulnerable collective identities. By disaggregating these dimensions, she addresses questions about whether Western secularism and religion can be applied more universally.

The Conscience Wars

The Conscience Wars
Author :
Publisher :
Total Pages : 515
Release :
ISBN-10 : 9781107173309
ISBN-13 : 1107173302
Rating : 4/5 (09 Downloads)

Synopsis The Conscience Wars by : Michel Rosenfeld

Explores the multifaceted debate on the interconnection between conscientious objections, religious liberty, and the equality of women and sexual minorities.

Reopening Muslim Minds

Reopening Muslim Minds
Author :
Publisher : St. Martin's Essentials
Total Pages : 256
Release :
ISBN-10 : 9781250256072
ISBN-13 : 1250256070
Rating : 4/5 (72 Downloads)

Synopsis Reopening Muslim Minds by : Mustafa Akyol

A fascinating journey into Islam's diverse history of ideas, making an argument for an "Islamic Enlightenment" today In Reopening Muslim Minds, Mustafa Akyol, senior fellow at the Cato Institute and opinion writer for The New York Times, both diagnoses “the crisis of Islam” in the modern world, and offers a way forward. Diving deeply into Islamic theology, and also sharing lessons from his own life story, he reveals how Muslims lost the universalism that made them a great civilization in their earlier centuries. He especially demonstrates how values often associated with Western Enlightenment — freedom, reason, tolerance, and an appreciation of science — had Islamic counterparts, which sadly were cast aside in favor of more dogmatic views, often for political ends. Elucidating complex ideas with engaging prose and storytelling, Reopening Muslim Minds borrows lost visions from medieval Muslim thinkers such as Ibn Rushd (aka Averroes), to offer a new Muslim worldview on a range of sensitive issues: human rights, equality for women, freedom of religion, or freedom from religion. While frankly acknowledging the problems in the world of Islam today, Akyol offers a clear and hopeful vision for its future.

Secularism and Freedom of Conscience

Secularism and Freedom of Conscience
Author :
Publisher : Harvard University Press
Total Pages : 153
Release :
ISBN-10 : 9780674062955
ISBN-13 : 0674062957
Rating : 4/5 (55 Downloads)

Synopsis Secularism and Freedom of Conscience by : Jocelyn Maclure

Secularism: the definition of this word is as practical and urgent as income inequalities or the paths to sustainable development. In this wide-ranging analysis, Jocelyn Maclure and Charles Taylor provide a clearly reasoned, articulate account of the two main principles of secularism—equal respect, and freedom of conscience—and its two operative modes—separation of Church (or mosque or temple) and State, and State neutrality vis-à-vis religions. But more crucially, they make the powerful argument that in our ever more religiously diverse, politically interconnected world, secularism, properly understood, may offer the only path to religious and philosophical freedom. Secularism and Freedom of Conscience grew out of a very real problem—Quebec’s need for guidelines to balance the equal respect due to all citizens with the right to religious freedom. But the authors go further, rethinking secularism in light of other critical issues of our time. The relationship between religious beliefs and deeply-held secular convictions, the scope of the free exercise of religion, and the place of religion in the public sphere are aspects of the larger challenge Maclure and Taylor address: how to manage moral and religious diversity in a free society. Secularism, they show, is essential to any liberal democracy in which citizens adhere to a plurality of conceptions of what gives meaning and direction to human life. The working model the authors construct in this nuanced account is capacious enough to accommodate difference and freedom of conscience, while holding out hope for a world in which diversity no longer divides us.

The Rise and Decline of American Religious Freedom

The Rise and Decline of American Religious Freedom
Author :
Publisher : Harvard University Press
Total Pages : 236
Release :
ISBN-10 : 9780674730137
ISBN-13 : 0674730135
Rating : 4/5 (37 Downloads)

Synopsis The Rise and Decline of American Religious Freedom by : Steven D. Smith

Familiar accounts of religious freedom in the United States often tell a story of visionary founders who broke from centuries-old patterns of Christendom to establish a political arrangement committed to secular and religiously neutral government. These novel commitments were supposedly embodied in the religion clauses of the First Amendment. But this story is largely a fairytale, Steven Smith says in this incisive examination of a much-mythologized subject. The American achievement was not a rejection of Christian commitments but a retrieval of classic Christian ideals of freedom of the church and of conscience. Smith maintains that the First Amendment was intended merely to preserve the political status quo in matters of religion. America's distinctive contribution was, rather, a commitment to open contestation between secularist and providentialist understandings of the nation which evolved over the nineteenth century. In the twentieth century, far from vindicating constitutional principles, as conventional wisdom suggests, the Supreme Court imposed secular neutrality, which effectively repudiated this commitment to open contestation. Instead of upholding what was distinctively American and constitutional, these decisions subverted it. The negative consequences are visible today in the incoherence of religion clause jurisprudence and the intense culture wars in American politics.

The Republic for which it Stands

The Republic for which it Stands
Author :
Publisher : Oxford University Press
Total Pages : 964
Release :
ISBN-10 : 9780199735815
ISBN-13 : 0199735816
Rating : 4/5 (15 Downloads)

Synopsis The Republic for which it Stands by : Richard White

The newest volume in the Oxford History of the United States series, The Republic for Which It Stands argues that the Gilded Age, along with Reconstruction--its conflicts, rapid and disorienting change, hopes and fears--formed the template of American modernity.