Proportionality, Equality Laws, and Religion

Proportionality, Equality Laws, and Religion
Author: Megan Pearson
Publisher: Routledge
Total Pages: 298
Release: 2017-03-16
Genre: Law
ISBN: 1317074556

This book considers how the law should manage conflicts between the right of religious freedom and that of non-discrimination on the grounds of sexual orientation. These disputes are often high-profile and frequently receive a lot of media attention and public debate. Starting from the basis that both these rights are valuable and worthy of protection, but that such disputes are often characterised by animosity, it contends that a proportionality analysis provides the best method for resolving these conflicts. The work takes a comparative approach, examining the law in England and Wales, Canada, and the USA and examines four main areas of law, considering how a proportionality approach could be used in each. The book will be an invaluable resource for students and researchers in the areas of Public Law, Human Rights Law, Law and Religion, Discrimination Law, and Comparative Law.

Proportionality, Equality Laws, and Religion

Proportionality, Equality Laws, and Religion
Author: Megan Pearson
Publisher:
Total Pages: 0
Release: 2017
Genre: Equality
ISBN: 9781472456502

Legal frameworks -- Resolving conflicts between religious and other claims -- Interference and justification -- Proportionality -- Religious claims in secular employment -- Discrimination and religious employment -- Religious organisations and services -- The secular marketplace and religious claims

Proportionality, Equality Laws, and Religion

Proportionality, Equality Laws, and Religion
Author: Megan Pearson
Publisher: Taylor & Francis
Total Pages: 227
Release: 2017-03-16
Genre: Law
ISBN: 1317074564

This book considers how the law should manage conflicts between the right of religious freedom and that of non-discrimination on the grounds of sexual orientation. These disputes are often high-profile and frequently receive a lot of media attention and public debate. Starting from the basis that both these rights are valuable and worthy of protection, but that such disputes are often characterised by animosity, it contends that a proportionality analysis provides the best method for resolving these conflicts. The work takes a comparative approach, examining the law in England and Wales, Canada, and the USA and examines four main areas of law, considering how a proportionality approach could be used in each. The book will be an invaluable resource for students and researchers in the areas of Public Law, Human Rights Law, Law and Religion, Discrimination Law, and Comparative Law.

Atheist Exceptionalism

Atheist Exceptionalism
Author: Ethan G. Quillen
Publisher: Routledge
Total Pages: 284
Release: 2018-05-20
Genre: Law
ISBN: 1315278359

Due to its Constitution, and particularly to that Constitution’s First Amendment, the relationship between religion and politics in the United States is rather unusual. This is especially the case concerning the manner with which religious terminology is defined via the discourse adopted by the United States Supreme Court, and the larger American judicial system. Focusing on the religious term of Atheism, this book presents both the discourse itself, in the form of case decisions, as well as an analysis of that discourse. The work thus provides an essential introduction and discussion of both Atheism as a concept and the influence that judicial decisions have on the way we perceive the meaning of religious terminology in a national context. As a singular source on the Supreme, Circuit, and District Court cases concerning Atheism and its judicial definition, the book offers convenient access to this discourse for researchers and students. The discursive analysis further provides an original theoretical insight into how the term ‘Atheism’ has been judicially defined. As such, it will be a valuable resource for scholars of religion and law, as well as those interested in the definition and study of Atheism.

Current Issues in Law and Religion

Current Issues in Law and Religion
Author: Silvio Ferrari
Publisher: Routledge
Total Pages: 658
Release: 2017-07-05
Genre: Political Science
ISBN: 1351570277

This volume focuses on issues that have only recently come to the forefront of the discipline such as freedom from religion, ordination of homosexuals, apostasy, security and fundamentalism, issues that are linked to the common themes of secularism and globalization. Although these subjects are not new to the academic debate, they have become prominent in law and religion circles as a result of recent and rapid changes in society. The essays in this volume present multiple points of view, facilitate scholars in understanding this evolving discipline and act as a stimulus for further research.This collection gives the reader a sense of the key topics and current debates in law and religion and is of interest to law, politics, human rights, and religion scholars.

Foundations and Futures in the Sociology of Religion

Foundations and Futures in the Sociology of Religion
Author: Luke Doggett
Publisher: Routledge
Total Pages: 330
Release: 2017-12-14
Genre: Religion
ISBN: 1351607383

Since the sociology of religion became recognised as a distinct sub-discipline over the last century, the dominance of approaches taking their inspiration from the sociological classics has increasingly been challenged. Empirical findings have brought the notion of secularisation into question; and theorists have sought to deconstruct how we think of ‘religion.’ This collection appraises the continuing influence of the foundational approaches and places these in relation to newly emerging directions in the field. The book is divided into four sections, each section containing one ‘foundational’ chapter written by an established academic followed by two ‘futures’ chapters contributed by emerging scholars in the sub-discipline. These chapters complement one another by placing the overview of future directions in the context of a survey of the development of the sociology of religion over the last century. Topics discussed in these chapters include lived religion, sexuality, ritual, religion and the media. Combining erudite examinations of the British Sociological Association Sociology of Religion Study Group’s work so far with explorations of the future directions its research might take, this book is vital reading for any scholar whose work combines religious studies and sociology.

Comparative Equality and Anti-Discrimination Law, Third Edition

Comparative Equality and Anti-Discrimination Law, Third Edition
Author: David B. Oppenheimer
Publisher: Edward Elgar Publishing
Total Pages: 674
Release: 2020-02-28
Genre: Law
ISBN: 1788979214

This revised and updated casebook comprehensively compares the U.S. legal approach to problems of inequality and discrimination with the approaches of a variety of other legal systems around the world.

EU Anti-Discrimination Law Beyond Gender

EU Anti-Discrimination Law Beyond Gender
Author: Uladzislau Belavusau
Publisher: Bloomsbury Publishing
Total Pages: 393
Release: 2018-11-15
Genre: Law
ISBN: 1509915001

The EU has slowly but surely developed a solid body of equality law that prohibits different facets of discrimination. While the Union had initially developed anti-discrimination norms that served only the commercial rationale of the common market, focusing on nationality (of a Member State) and gender as protected grounds, the Treaty of Amsterdam (1997) supplied five additional prohibited grounds of discrimination to the EU legislative palette, in line with a much broader egalitarian rationale. In 2000, two EU Equality Directives followed, one focusing on race and ethnic origin, the other covering the remaining four grounds introduced by the Treaty of Amsterdam, namely religion, sexual orientation, disabilities and age. Eighteen years after the adoption of the watershed Equality Directives, it seems timely to dedicate a book to their limits and prospects, to look at the progress made, and to revisit the rise of EU anti-discrimination law beyond gender. This volume sets out to capture the striking developments and shortcomings that have taken place in the interpretation of relevant EU secondary law. Firstly, the book unfolds an up-to-date systematic reappraisal of the five 'newer' grounds of discrimination, which have so far received mostly fragmented coverage. Secondly, and more generally, the volume captures how and to what extent the Equality Directives have enabled or, at times, prevented the Court of Justice of the European Union from developing even broader and more refined anti-discrimination jurisprudence. Thus, the book offers a glimpse into the past, present and – it is hoped – future of EU anti-discrimination law as, despite all the flaws in the Union's 'Garden of Earthly Delights', it offers one of the highest standards of protection in comparative anti-discrimination law.

Islam, Law and the Modern State

Islam, Law and the Modern State
Author: Arif A. Jamal
Publisher: Routledge
Total Pages: 256
Release: 2018-03-14
Genre: Law
ISBN: 1315466791

Within the global phenomenon of the (re)emergence of religion into issues of public debate, one of the most salient issues confronting contemporary Muslim societies is how to relate the legal and political heritage that developed in pre-modern Islamic polities to the political order of the modern states in which Muslims now live. This work seeks to develop a framework for addressing this issue. The central argument is that liberal theory, and in particular justice as discourse, can be normatively useful in Muslim contexts for relating religion, law and state. Just as Muslim contexts have developed historically, and continue to develop today, the same is the case with the requisites of liberal theory, and this may allow for liberal choices to be made in a manner that is not a renunciation of Muslim heritage.