Beyond Religious Freedom

by Elizabeth Shakman Hurd

Author	: Elizabeth Shakman Hurd
Publisher	: Princeton University Press
Total Pages	: 216
Release	: 2017-02-14
Genre	: Political Science
ISBN	: 0691176221

GET BOOK

In recent years, North American and European nations have sought to legally remake religion in other countries through an unprecedented array of international initiatives. Policymakers have rallied around the notion that the fostering of religious freedom, interfaith dialogue, religious tolerance, and protections for religious minorities are the keys to combating persecution and discrimination. Beyond Religious Freedom persuasively argues that these initiatives create the very social tensions and divisions they are meant to overcome. Elizabeth Shakman Hurd looks at three critical channels of state-sponsored intervention: international religious freedom advocacy, development assistance and nation building, and international law. She shows how these initiatives make religious difference a matter of law, resulting in a divide that favors forms of religion authorized by those in power and excludes other ways of being and belonging. In exploring the dizzying power dynamics and blurred boundaries that characterize relations between "expert religion," "governed religion," and "lived religion," Hurd charts new territory in the study of religion in global politics. A forceful and timely critique of the politics of promoting religious freedom, Beyond Religious Freedom provides new insights into today's most pressing dilemmas of power, difference, and governance.

Defend the Sacred

by Michael D. McNally

Author	: Michael D. McNally
Publisher	: Princeton University Press
Total Pages	: 400
Release	: 2020-04-14
Genre	: History
ISBN	: 0691190909

GET BOOK

"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"--

Politics of Religious Freedom

by Winnifred Fallers Sullivan

Author	: Winnifred Fallers Sullivan
Publisher	: University of Chicago Press
Total Pages	: 361
Release	: 2015-07-22
Genre	: Law
ISBN	: 022624850X

GET BOOK

Religious freedom has achieved broad consensus as a condition for peace. Faced with reports of a rise in religious violence and a host of other social ills, public, and private actors have responded with laws and policies designed to promote freedom of religion. But what precisely is being promoted? What are the assumptions underlying this response? The contributions to this volume unsettle the assumption that religious freedom is a singular achievement and that the problem lies in its incomplete accomplishment. Delineating the different conceptions of religious freedom predominant in the world today, as well as their histories and political contexts, the contributions make clear that the reasons for violence and discrimination are more complex than is widely acknowledged. The promotion of a single legal and cultural tool meant to address conflict across a wide variety of cultures can have the perverse effect of exacerbating the problems that plague the communities often cited as falling short. -- from back cover.

Beyond Belief, Beyond Conscience

by Jack N. Rakove

Author	: Jack N. Rakove
Publisher	: Oxford University Press, USA
Total Pages	: 241
Release	: 2020
Genre	: History
ISBN	: 0195305817

GET BOOK

"Some time back in the early '00s, when-thanks to Dean John Sexton, my good friends Larry Kramer and John Ferejohn, and other colleagues-I used to hang out at New York University Law School, I had lunch one day with Dedi Felman, who was then a legal editor at Oxford University Press. We discussed her idea of doing a series of short provocative books on problems of rights in American constitutional history. When Geoffrey Stone of the University of Chicago (my literal birthplace) took over editing The Unalienable Rights series that Dedi organized, I quickly staked a claim to the Free Exercise Clause of the First Amendment. This interest reflected a longstanding concern with James Madison, dating to my dissertation work in the early 1970s, and other projects I had pursued since, including the problem of how one discusses the original meaning of the Constitution. The idea of religious freedom was a seminal element in the development of Madison's constitutional ideas. Equally important, the two components of the Religion Clause illustrated two landmark aspects of American constitutional practice. The free exercise of religion is a right different from all other rights because of the degree of moral autonomy it invests in each and every one of us. And the disestablishment of religion, by depriving the state of the power of regulating religion, offers the best example of the basic idea that the legislative authority government exercises depends on the will of a sovereign people. These are points we do not readily grasp. In part because contemporary Religion Clause jurisprudence is such a messy and vexed subject, and in part because justices and judges often prefer resolving claims of conscience on general grounds of freedom of speech, this original significance of "the religion question" often escapes attention. The subtitle of this book rests on my conviction that a historically grounded approach to this subject would be of some value to legal scholars. Among other things, that approach involves asking how we should compare the gradual development of European modes of religious tolerance with the emerging American conviction that the free exercise of religion was no longer a matter of mere toleration."--

The Myth of American Religious Freedom

by David Sehat

Author	: David Sehat
Publisher	: Oxford University Press
Total Pages	: 368
Release	: 2011-01-14
Genre	: Religion
ISBN	: 0199793115

GET BOOK

In the battles over religion and politics in America, both liberals and conservatives often appeal to history. Liberals claim that the Founders separated church and state. But for much of American history, David Sehat writes, Protestant Christianity was intimately intertwined with the state. Yet the past was not the Christian utopia that conservatives imagine either. Instead, a Protestant moral establishment prevailed, using government power to punish free thinkers and religious dissidents. In The Myth of American Religious Freedom, Sehat provides an eye-opening history of religion in public life, overturning our most cherished myths. Originally, the First Amendment applied only to the federal government, which had limited authority. The Protestant moral establishment ruled on the state level. Using moral laws to uphold religious power, religious partisans enforced a moral and religious orthodoxy against Catholics, Jews, Mormons, agnostics, and others. Not until 1940 did the U.S. Supreme Court extend the First Amendment to the states. As the Supreme Court began to dismantle the connections between religion and government, Sehat argues, religious conservatives mobilized to maintain their power and began the culture wars of the last fifty years. To trace the rise and fall of this Protestant establishment, Sehat focuses on a series of dissenters--abolitionist William Lloyd Garrison, suffragist Elizabeth Cady Stanton, socialist Eugene V. Debs, and many others. Shattering myths held by both the left and right, David Sehat forces us to rethink some of our most deeply held beliefs. By showing the bad history used on both sides, he denies partisans a safe refuge with the Founders.

The Religion Clauses

by Erwin Chemerinsky

Author	: Erwin Chemerinsky
Publisher	: Oxford University Press, USA
Total Pages	: 241
Release	: 2020
Genre	: Law
ISBN	: 0190699736

GET BOOK

"The relationship between the government and religion is deeply divisive. With the recent changes in the composition of the Supreme Court, the First Amendment law concerning religion is likely to change dramatically in the years ahead. The Court can be expected to reject the idea of a wall separating church and state and permit much more religious involvement in government and government support for religion. The Court is also likely to expand the rights of religious people to ignore legal obligations that others have to follow, such laws that require the provision of health care benefits to employees and prohibit businesses from discriminating against people because of their sexual orientation. This book argues for the opposite and the need for separating church and state. After carefully explaining all the major approaches to the meaning of the Constitution's religion clauses, the book argues that the best approaches are for the government to be strictly secular and for there to be no special exemptions for religious people from neutral and general laws that others must obey. The book argues that this separationist approach is most consistent with the concerns of the founders who drafted the Constitution and with the needs of a religiously pluralistic society in the 21st century"--

Beyond Toleration

by Chris Beneke

Author	: Chris Beneke
Publisher	: Oxford University Press
Total Pages	: 318
Release	: 2008-08-29
Genre	: Religion
ISBN	: 0199700001

GET BOOK

At its founding, the United States was one of the most religiously diverse places in the world. Baptists, Methodists, Catholics, Episcopalians, Presbyterians, Congregationalists, Quakers, Dutch Reformed, German Reformed, Lutherans, Huguenots, Dunkers, Jews, Moravians, and Mennonites populated the nations towns and villages. Dozens of new denominations would emerge over the succeeding years. What allowed people of so many different faiths to forge a nation together? In this richly told story of ideas, Chris Beneke demonstrates how the United States managed to overcome the religious violence and bigotry that characterized much of early modern Europe and America. The key, Beneke argues, did not lie solely in the protection of religious freedom. Instead, he reveals how American culture was transformed to accommodate the religious differences within it. The expansion of individual rights, the mixing of believers and churches in the same institutions, and the introduction of more civility into public life all played an instrumental role in creating the religious pluralism for which the United States has become renowned. These changes also established important precedents for future civil rights movements in which dignity, as much as equality, would be at stake. Beyond Toleration is the first book to offer a systematic explanation of how early Americans learned to live with differences in matters of the highest importance to them --and how they found a way to articulate these differences civilly. Today when religious conflicts once again pose a grave danger to democratic experiments across the globe, Beneke's book serves as a timely reminder of how one country moved past toleration and towards religious pluralism.

Endowed by Our Creator

by Michael I. Meyerson

Author	: Michael I. Meyerson
Publisher	: Yale University Press
Total Pages	: 477
Release	: 2012-06-05
Genre	: Law
ISBN	: 0300183496

GET BOOK

The debate over the framers' concept of freedom of religion has become heated and divisive. This scrupulously researched book sets aside the half-truths, omissions, and partisan arguments, and instead focuses on the actual writings and actions of Washington, Adams, Jefferson, Madison, and others. Legal scholar Michael I. Meyerson investigates how the framers of the Constitution envisioned religious freedom and how they intended it to operate in the new republic. Endowed by Our Creator shows that the framers understood that the American government should not acknowledge religion in a way that favors any particular creed or denomination. Nevertheless, the framers believed that religion could instill virtue and help to unify a diverse nation. They created a spiritual public vocabulary, one that could communicate to all—including agnostics and atheists—that they were valued members of the political community. Through their writings and their decisions, the framers affirmed that respect for religious differences is a fundamental American value, Meyerson concludes. Now it is for us to determine whether religion will be used to alienate and divide or to inspire and unify our religiously diverse nation.

The Politics of Secularism in International Relations

by Elizabeth Shakman Hurd

Author	: Elizabeth Shakman Hurd
Publisher	: Princeton University Press
Total Pages	: 261
Release	: 2009-01-10
Genre	: Political Science
ISBN	: 1400828015

GET BOOK

Conflicts involving religion have returned to the forefront of international relations. And yet political scientists and policymakers have continued to assume that religion has long been privatized in the West. This secularist assumption ignores the contestation surrounding the category of the "secular" in international politics. The Politics of Secularism in International Relations shows why this thinking is flawed, and provides a powerful alternative. Elizabeth Shakman Hurd argues that secularist divisions between religion and politics are not fixed, as commonly assumed, but socially and historically constructed. Examining the philosophical and historical legacy of the secularist traditions that shape European and American approaches to global politics, she shows why this matters for contemporary international relations, and in particular for two critical relationships: the United States and Iran, and the European Union and Turkey. The Politics of Secularism in International Relations develops a new approach to religion and international relations that challenges realist, liberal, and constructivist assumptions that religion has been excluded from politics in the West. The first book to consider secularism as a form of political authority in its own right, it describes two forms of secularism and their far-reaching global consequences.