Law and Religion in Theoretical and Historical Context

doi:10.1017/CBO9780511493843

Is there a place for religious language in the public square? Which institution of government is best suited to deciding whether religion should influence law? Should states be required to treat religion and non-religion in the same way? How does the historical role of religion in a society influence the modern understanding of the role of religion in that society? This volume of essays examines the nature and scope of engagements between law and religion, addressing fundamental questions such as these. Contributors range from eminent scholars working in the fields of law and religion to important new voices who add vital and original ideas. From conservative to liberal, doctrinal to post-modernist and secular to religious, each contributor brings a different approach to the questions under discussion, resulting in a lively, passionate and thoughtful debate that adds light rather than heat to this complex area.

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Contents

Frontmatter
pp i-iv
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Contents
pp v-vi
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List of Contributors
pp vii-viii
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1 - Introduction
pp 1-15
- By Carolyn Evans
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2 - The moral economy of religious freedom
pp 16-25
- By Lawrence G. Sager
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3 - Understanding the religion in freedom of religion
pp 26-43
- By Jeremy Webber
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4 - Why religion belongs in the private sphere, not the public square
pp 44-71
- By Denise Meyerson
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5 - Pluralism in law and religion
pp 72-99
- By Margaret Davies
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6 - The influence of cultural conflict on the jurisprudence of the religion clauses of the First Amendment
pp 100-122
- By Michael W. McConnell
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7 - From Dayton to Dover: the legacy of the Scopes Trial
pp 123-156
- By Peter Radan
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8 - A very English affair: establishment and human rights in an organic constitution
pp 157-185
- By Charlotte Smith
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9 - Days of rest in multicultural societies: private, public, separate?
pp 186-213
- By Ruth Gavison, Nahshon Perez
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10 - Australian legal procedures and the protection of secret Aboriginal spiritual beliefs: a fundamental conflict
pp 214-242
- By Ernst Willheim
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11 - Secular and religious conscientious exemptions: between tolerance and equality
pp 243-267
- By Yossi Nehushtan
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12 - Law's sacred and secular subjects
pp 268-290
- By Ngaire Naffine
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13 - Freedom of religion and the European Convention on Human Rights: approaches, trends and tensions
pp 291-316
- By Malcolm D. Evans
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Index
pp 317-328
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Law and Religion in Theoretical and Historical Context

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Contents

Frontmatter
pp i-iv

Contents
pp v-vi

List of Contributors
pp vii-viii

1 - Introduction
pp 1-15

2 - The moral economy of religious freedom
pp 16-25

3 - Understanding the religion in freedom of religion
pp 26-43

4 - Why religion belongs in the private sphere, not the public square
pp 44-71

5 - Pluralism in law and religion
pp 72-99

6 - The influence of cultural conflict on the jurisprudence of the religion clauses of the First Amendment
pp 100-122

7 - From Dayton to Dover: the legacy of the Scopes Trial
pp 123-156

8 - A very English affair: establishment and human rights in an organic constitution
pp 157-185

9 - Days of rest in multicultural societies: private, public, separate?
pp 186-213

10 - Australian legal procedures and the protection of secret Aboriginal spiritual beliefs: a fundamental conflict
pp 214-242

11 - Secular and religious conscientious exemptions: between tolerance and equality
pp 243-267

12 - Law's sacred and secular subjects
pp 268-290

13 - Freedom of religion and the European Convention on Human Rights: approaches, trends and tensions
pp 291-316

Index
pp 317-328

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Law and Religion in Theoretical and Historical Context

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