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Institutionalizing Rights and Religion
Competing Supremacies

$125.00 (C)

Cécile Laborde, Lawrence G. Sager, Richard W. Garnett, Yedidia Z. Stern, Mary Anne Case, Michael Karayanni, Roderick M. Hills, Jr, Yishai Blank, Ori Aronson, Haim Shapira, Peter G. Danchin, Shahar Lifshitz, Amihai Radzyner, Leora Batnitzky
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  • Date Published: March 2017
  • availability: Available
  • format: Hardback
  • isbn: 9781107153714

$ 125.00 (C)
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About the Authors
  • Modern statesmen and political theorists have long struggled to design institutions that will simultaneously respect individual freedom of religion, nurture religion's capacity to be a force for civic good and human rights, and tame religion's illiberal tendencies. Moving past the usual focus on personal free expression of religion, this illuminating book - written by renowned scholars of law and religion from the United States, England, and Israel - considers how the institutional design of both religions and political regimes influences the relationship between religious practice and activity and human rights. The authors examine how the organization of religious communities affects human rights, and investigate the scope of a just state's authority with respect to organized religion in the name of human rights. They explore the institutional challenges posed by, and possible responses to, the fraught relationship between religion and rights in the world today.

    • Illuminates institutional challenges posed by the fraught relationship between religion and rights, giving possible responses
    • Studies how religions are structured as normative institutions and how they function, helping readers to understand the pros and cons of different approaches
    • Explores how social and political institutions shape religious behavior and affect human rights, offering insights into unintended consequences of existing structures
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    Product details

    • Date Published: March 2017
    • format: Hardback
    • isbn: 9781107153714
    • dimensions: 236 x 159 x 23 mm
    • weight: 0.56kg
    • contains: 2 b/w illus.
    • availability: Available
  • Table of Contents

    Part I. Secular Institutions and the Limits of Religious Recognition:
    1. Religion in the law: the disaggregation approach Cécile Laborde
    2. The puzzle of the Catholic church Lawrence G. Sager
    3. Religious accommodations and - and among - civil rights: separation, toleration and accommodation Richard W. Garnett
    4. Israeli law and Jewish law in Israel: a zero sum game? Yedidia Z. Stern
    5. Why 'live-and-let-live' is not a viable solution to the difficult problems of religious accommodation in the age of sexual civil rights Mary Anne Case
    6. Control by accommodation: religious jurisdiction among the Palestinian-Arab minority in Israel Michael Karayanni
    7. Decentralizing religious and secular accommodations Roderick M. Hills, Jr
    8. In search of the secular Yishai Blank
    Part II. The Challenges of Religious Institutions for the Secular State:
    9. The 'how many?' question: an institutionalist's guide to pluralism Ori Aronson
    10. Equality in religious schools: the JFS case reconsidered Haim Shapira
    11. Religious freedom as a technology of modern secular governance Peter G. Danchin
    12. Civil regulations of religious marriage from the perspectives of pluralism, human rights and political compromise Shahar Lifshitz
    13. The impact of Supreme Court rulings on the Halakhic status of the official rabbinical courts in Israel Amihai Radzyner
    14. Is conversion a human right?: a comparative look at religious Zionism and Hindu nationalism Leora Batnitzky.

  • Editors

    Leora Batnitzky, Princeton University, New Jersey
    Leora Batnitzky is the Ronald O. Perelman Professor of Jewish Studies and Professor and Chair of the Department of Religion at Princeton University, New Jersey. Her publications include Leo Strauss and Emmanuel Levinas: Philosophy and the Politics of Revelation (2006) and How Judaism Became a Religion: An Introduction to Modern Jewish Thought (2011). She has been a visiting scholar at the Hebrew University of Jerusalem, the University of Tokyo, and New York University Law School.

    Hanoch Dagan, Tel-Aviv University
    Hanoch Dagan is the Stewart and Judy Colton Professor of Legal Theory and Innovation and former dean of the Tel-Aviv University Faculty of Law and a Senior Fellow at the Israel Democracy Institute. Dagan has written over seventy articles in major law reviews and journals as well as five books including, most recently, Reconstructing American Legal Realism and Rethinking Private Law Theory (2013). His new book, The Choice Theory of Contracts (with Michael A. Heller), is also forthcoming with Cambridge.

    Contributors

    Cécile Laborde, Lawrence G. Sager, Richard W. Garnett, Yedidia Z. Stern, Mary Anne Case, Michael Karayanni, Roderick M. Hills, Jr, Yishai Blank, Ori Aronson, Haim Shapira, Peter G. Danchin, Shahar Lifshitz, Amihai Radzyner, Leora Batnitzky

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