Religion and the Law in America

An Encyclopedia of Personal Belief and Public Policy

Author: Scott A. Merriman

Publisher: ABC-CLIO

ISBN: 9781851098637

Category: Law

Page: 547

View: 2865

Provides a collection of essays and alphabetical entries that cover the history of freedom of religion in the United States.

Religion, Law, USA

Author: Isaac Weiner

Publisher: NYU Press

ISBN: 9781479893362

Category:

Page: 336

View: 874

Offers insight into the complex relationship between religion and law in contemporary America Why religion? Why law? Why now? In recent years, the United States has witnessed a number of high-profile court cases involving religion, forcing Americans to grapple with questions regarding the relationship between religion and law. This volume maps the contemporary interplay of religion and law within the study of American religions. What rights are protected by the Constitution’s free exercise clause? What are the boundaries of religion, and what is the constitutional basis for protecting some religious beliefs but not others? What characterizes a religious-studies approach to religion and law today? What is gained by approaching law from the vantage point of religious studies, and what does attention to the law offer back to scholars of religion? Religion, Law, USA considers all these questions and more. Each chapter considers a specific keyword in the study of religion and law, such as “conscience,” “establishment,” “secularity,” and “personhood.” Contributors consider specific case studies related to each term, and then expand their analyses to discuss broader implications for the practice and study of American religion. Incorporating pieces from leading voices in the field, this book is an indispensable addition to the scholarship on religion and law in America.

Religion and Law

An Introduction

Author: Dr Peter W Edge

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409476944

Category: Religion

Page: 168

View: 4845

Discussion of the way in which law engages with religious difference often takes place within the context of a single jurisdiction. Religion and Law: An Introduction, presents a comprehensive text for students, drawing on examples from across key Anglophone jurisdictions – the United Kingdom, the United States, Canada, New Zealand, Australia and South Africa, as well as international law, to explore a broad range of issues. Aimed at a non-legal readership, this book introduces the use of legal sources and focuses on factual situations as much as legal doctrine. Key issues arising from interaction of the religious individual and the State are discussed, as well as the religious organisation or community and the State. The interaction is explored through case studies of areas as diverse as the legal regulation of religious drug use, sacred spaces and sacred places, and claims of clergy misconduct. Taking a broad, non-jurisdictional approach to the key issues, in particular providing insights differing from the dominant US experiences and paradigms, this student-friendly textbook includes a clearly structured bibliography and clear guidance on how to approach relevant legal materials.

Vom Sakrament zum Vertrag

Ehe, Religion und Recht in der abendländischen Tradition

Author: John Witte

Publisher: Evangelische Verlagsanstalt

ISBN: 9783374026999

Category:

Page: 322

View: 5518

Was ist die Ehe - Ruckgrat einer stabilen Gesellschaftsordnung oder Kernmodell patriarchalischer Herrschaftsstruktur? Die Vielfalt von Meinungen daruber ist verwirrend. John Witte untersucht das komplexe Zusammenspiel von Recht, Theologie und dem Konzept der Ehe im Abendland. Er verfolgt die christlichen Normen und die abendlandischen rechtlichen Prinzipien zur Ehe und zum Familienleben besonders in den letzten 500 Jahren. Dabei stellt der Autor den besonderen Beitrag eines jeden Modells - des sakramentalen-katholischen, des lutherischen, calvinistischen, anglikanischen und des aufklarerischen Ehekonzepts - zur Ehetradition des Abendlandes jenseits moralischer Kategorisierungen heraus.

Law, Religion, and Health in the United States

Author: Holly Fernandez Lynch,I. Glenn Cohen,Elizabeth Sepper

Publisher: Cambridge University Press

ISBN: 1107164885

Category: Law

Page: 470

View: 9073

While the law can create conflict between religion and health, it can also facilitate religious accommodation and protection of conscience. Finding this balance is critical to addressing the most pressing questions at the intersection of law, religion, and health in the United States: should physicians be required to disclose their religious beliefs to patients? How should we think about institutional conscience in the health care setting? How should health care providers deal with families with religious objections to withdrawing treatment? In this timely book, experts from a variety of perspectives and disciplines offer insight on these and other pressing questions, describing what the public discourse gets right and wrong, how policymakers might respond, and what potential conflicts may arise in the future. It should be read by academics, policymakers, and anyone else - patient or physician, secular or devout - interested in how US law interacts with health care and religion.

Religion and Law in Spain

Author: Javier Martínez-Torrón

Publisher: Kluwer Law International B.V.

ISBN: 9403500441

Category: Religion

Page: 280

View: 4374

Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient resource provides systematic information on how Spain deals with the role religion plays or can play in society, the legal status of religious communities and institutions, and the legal interaction among religion, culture, education, and media. After a general introduction describing the social and historical background, the book goes on to explain the legal framework in which religion is approached. Coverage proceeds from the principle of religious freedom through the rights and contractual obligations of religious communities; international, transnational, and regional law effects; and the legal parameters affecting the influence of religion in politics and public life. Also covered are legal positions on religion in such specific fields as church financing, labour and employment, and matrimonial and family law. A clear and comprehensive overview of relevant legislation and legal doctrine make the book an invaluable reference source and very useful guide. Succinct and practical, this book will prove to be of great value to practitioners in the myriad instances where a law-related religious interest arises in Spain. Academics and researchers will appreciate its value as a thorough but concise treatment of the legal aspects of diversity and multiculturalism in which religion plays such an important part.

Religion and the State in American Law

Author: Boris I. Bittker,Frank S. Ravitch,Scott Idleman

Publisher: Cambridge University Press

ISBN: 1107071828

Category: Law

Page: 992

View: 3934

This book provides a comprehensive overview of religion and government in the United States, providing historical context to contemporary issues.

Prison Religion

Faith-Based Reform and the Constitution

Author: Winnifred Fallers Sullivan

Publisher: Princeton University Press

ISBN: 1400830370

Category: Law

Page: 320

View: 4036

More than the citizens of most countries, Americans are either religious or in jail--or both. But what does it mean when imprisonment and evangelization actually go hand in hand, or at least appear to? What do "faith-based" prison programs mean for the constitutional separation of church and state, particularly when prisoners who participate get special privileges? In Prison Religion, law and religion scholar Winnifred Fallers Sullivan takes up these and other important questions through a close examination of a 2005 lawsuit challenging the constitutionality of a faith-based residential rehabilitation program in an Iowa state prison. Americans United for the Separation of Church and State v. Prison Fellowship Ministries, a trial in which Sullivan served as an expert witness, centered on the constitutionality of allowing religious organizations to operate programs in state-run facilities. Using the trial as a case study, Sullivan argues that separation of church and state is no longer possible. Religious authority has shifted from institutions to individuals, making it difficult to define religion, let alone disentangle it from the state. Prison Religion casts new light on church-state law, the debate over government-funded faith-based programs, and the predicament of prisoners who have precious little choice about what kind of rehabilitation they receive, if they are offered any at all.

Race, Religion and Law in Colonial India

Trials of an Interracial Family

Author: Chandra Mallampalli

Publisher: Cambridge University Press

ISBN: 1139505076

Category: History

Page: N.A

View: 8997

How did British rule in India transform persons from lower social classes? Could Indians from such classes rise in the world by marrying Europeans and embracing their religion and customs? This book explores such questions by examining the intriguing story of an interracial family who lived in southern India in the mid-nineteenth century. The family, which consisted of two untouchable brothers, both of whom married Eurasian women, became wealthy as distillers in the local community. A family dispute resulted in a landmark court case, Abraham v. Abraham. Chandra Mallampalli uses this case to examine the lives of those involved, and shows that far from being products of a 'civilizing mission' who embraced the ways of Englishmen, the Abrahams were ultimately - when faced with the strictures of the colonial legal system - obliged to contend with hierarchy and racial difference.

Worship and Wilderness

Culture, Religion, and Law in Public Lands Management

Author: Lloyd Burton

Publisher: Univ of Wisconsin Press

ISBN: 9780299180836

Category: Nature

Page: 352

View: 3058

Questions about land use, conservation, and preservation—already so perplexing and contentious—take on a new complexity and greater urgency when the land in question is understood as sacred. This is a view increasingly held, as adherents of mainstream religions come to recognize what indigenous peoples knew centuries ago—that the sacred inheres in nature itself. What such a trend means and how it involves the forces of culture, religion, and constitutional law (especially First Amendment clauses concerning the free exercise of religion) are considered with a remarkable breadth and depth of understanding in this important new work. Drawing on case studies of national parks and monuments, national forests, and other public lands and resources, Lloyd Burton gives a clear and comprehensive account of how the intertwining influences of culture, religion, and law have affected the management of public lands and resources in the recent past and how they may do so in the future. In a unique and unprecedented way, his book weaves together teachings on nature and the sacred among indigenous and immigrant culture groups in the United States; the relevant constitutional history of religion and government action; and analysis of contemporary conflicts over culture, religion, and public lands management. As such, Worship and Wilderness is essential reading not only for public land managers and environmental policy makers but also for anyone interested in the growing significance of religious interests in the use of resources that constitute our national commons and our common natural heritage.

Sex and the Constitution: Sex, Religion, and Law from America's Origins to the Twenty-First Century

Author: Geoffrey R. Stone

Publisher: Liveright Publishing

ISBN: 1631493655

Category: Law

Page: 704

View: 4344

There has never been a book like Sex and the Constitution, a one-volume history that chapter after chapter overturns popular shibboleths, while dramatically narrating the epic story of how sex came to be legislated in America. Beginning his volume in the ancient and medieval worlds, Geoffrey R. Stone demonstrates how the Founding Fathers, deeply influenced by their philosophical forebears, saw traditional Christianity as an impediment to the pursuit of happiness and to the quest for human progress. Acutely aware of the need to separate politics from the divisive forces of religion, the Founding Fathers crafted a constitution that expressed the fundamental values of the Enlightenment. Although the Second Great Awakening later came to define America through the lens of evangelical Christianity, nineteenth-century Americans continued to view sex as a matter of private concern, so much so that sexual expression and information about contraception circulated freely, abortions before “quickening” remained legal, and prosecutions for sodomy were almost nonexistent. The late nineteenth and early twentieth centuries reversed such tolerance, however, as charismatic spiritual leaders and barnstorming politicians rejected the values of our nation’s founders. Spurred on by Anthony Comstock, America’s most feared enforcer of morality, new laws were enacted banning pornography, contraception, and abortion, with Comstock proposing that the word “unclean” be branded on the foreheads of homosexuals. Women increasingly lost control of their bodies, and birth control advocates, like Margaret Sanger, were imprisoned for advocating their beliefs. In this new world, abortions were for the first time relegated to dank and dangerous back rooms. The twentieth century gradually saw the emergence of bitter divisions over issues of sexual “morality” and sexual freedom. Fiercely determined organizations and individuals on both the right and the left wrestled in the domains of politics, religion, public opinion, and the courts to win over the soul of the nation. With its stirring portrayals of Supreme Court justices, Sex and the Constitution reads like a dramatic gazette of the critical cases they decided, ranging from Griswold v. Connecticut (contraception), to Roe v. Wade (abortion), to Obergefell v. Hodges (gay marriage), with Stone providing vivid historical context to the decisions that have come to define who we are as a nation. Now, though, after the 2016 presidential election, we seem to have taken a huge step backward, with the progress of the last half century suddenly imperiled. No one can predict the extent to which constitutional decisions safeguarding our personal freedoms might soon be eroded, but Sex and the Constitution is more vital now than ever before.

The Oxford Handbook of Church and State in the United States

Author: Derek H. Davis

Publisher: Oxford University Press

ISBN: 0190208783

Category: Religion

Page: 592

View: 4056

Study of church and state in the United States is incredibly complex. Scholars working in this area have backgrounds in law, religious studies, history, theology, and politics, among other fields. Historically, they have focused on particular angles or dimensions of the church-state relationship, because the field is so vast. The results have mostly been monographs that focus only on narrow cross-sections of the field, and the few works that do aim to give larger perspectives are reference works of factual compendia, which offer little or no analysis. The Oxford Handbook of Church and State in the United States fills this gap, presenting an extensive, multidimensional overview of the field. Twenty-one essays offer a scholarly look at the intricacies and past and current debates that frame the American system of church and state, within five main areas: history, law, theology/philosophy, politics, and sociology. These essays provide factual accounts, but also address issues, problems, debates, controversies, and, where appropriate, suggest resolutions. They also offer analysis of the range of interpretations of the subject offered by various American scholars. This Handbook is an invaluable resource for the study of church-state relations in the United States.

Die Reformation der Rechte

Recht, Religion und Menschenrechte im frühen Calvinismus

Author: John Witte Jr.

Publisher: Vandenhoeck & Ruprecht

ISBN: 3788728345

Category: Religion

Page: 422

View: 5829

Johannes Calvin entwickelte ein neues Verständnis von Rechten und Freiheiten, von Kirche und Staat, das das Rechtssystem der frühen protestantischen Staaten formte. Seine Lehren, die sich schnell in Westeuropa ausbreiteten, wurden immer wieder durch große Krisen herausgefordert: die französischen Religionskriege, die niederländische Revolte, die englische Revolution, die amerikanische Kolonisation und Revolution. In solchen Krisen waren es Anhänger Calvins, die sein Denken aktualisierten und der neuen Situation anpassten. Eine Reihe grundlegender westlicher Auffassungen von Religion und politischen Rechten, sozialem und konfessionellem Pluralismus, Föderalismus und Gesellschaftsvertrag haben im frühmodernen Calvinismus ihren Ursprung.

Christianity in Chinese Public Life: Religion, Society, and the Rule of Law

Author: J. Carpenter,K. den Dulk,Kevin R. den Dulk

Publisher: Springer

ISBN: 1137410183

Category: Social Science

Page: 127

View: 3860

This book analyzes the interaction of religion, society, and governance in China - suggesting it is much more subtle and complex than common convention suggests. The edited work addresses civic engagement, religion, Christianity, and the rule of law in contemporary Chinese society.

Religion and Law

Biblical-Judaic and Islamic Perspectives

Author: Edwin Brown Firmage,Bernard G. Weiss,John Woodland Welch

Publisher: Eisenbrauns

ISBN: 9780931464393

Category: History

Page: 401

View: 3629

The papers presented in this volume were originally presented at a conference entitled "Religion and Law: Middle Eastern Influences on the West," sponsored by the Middle East Center of the University of Utah and the J. Reuben Clark Law School at Brigham Young Univerisity. The conference's aim was to explore the connection between religion, especially biblical religion, and law in the Ancient Middle East and to trace its development into the present. The special status of Islamic law is treated in several articles.

Fundamentalism in American Religion and Law

Obama's Challenge to Patriarchy's Threat to Democracy

Author: David A. J. Richards

Publisher: Cambridge University Press

ISBN: 1139484133

Category: Law

Page: N.A

View: 9197

Why, from Reagan to George Bush, have fundamentalists in religion and in law (originalists) exercised such political power and influence in the United States? Why has the Republican Party forged an ideology of judicial appointments (originalism) hostile to abortion and gay rights? Why and how did Barack Obama distinguish himself among Democratic candidates not only by his opposition to the Iraq war but by his opposition to originalism? This book argues that fundamentalism in both religion and law threatens democratic values and draws its appeal from a patriarchal psychology still alive in our personal and political lives and at threat from the constitutional developments since the 1960s. The argument analyzes this psychology (based on traumatic loss in intimate life) and resistance to it (based on the love of equals). Obama's resistance to originalism arises from his developmental history as a democratic, as opposed to patriarchal, man who resists the patriarchal demands on men and women that originalism enforces - in particular, the patriarchal love laws that tell people who and how and how much they may love.

Religious Organizations in the United States

A Study of Identity, Liberty, and the Law

Author: James A. Serritella

Publisher: N.A

ISBN: N.A

Category: Political Science

Page: 834

View: 7484

This book examines the legal structures within which religious organizations conduct their activities. The legal structures of religious organizations encompass not only their corporate organizations, but the many ways employment, property ownership, decisions regarding forms of ministry, and participation in society define a particular instiution. The authors, from a variety of practicing, religious, and scholarly backgrounds, provide a range of perspectives — both practical and theoretical — on these issues. The book fills a void in the current resources, providing a detailed description of policies, identity, and the effect of legal rules on church structures. Contributors include Patricia Carlson, Angela Carmella, Mark Chopko, Carl Esbeck, Patty Gerstenblith, H. Reese Hansen, Donald Hermann, Bernadette Kenny, Douglas Laycock, William Marshall, Martin Marty, John Massad, Patrick Schiltz, Elizabeth Sewell and Rhys Williams.

Religion and Politics in the United States

Author: Kenneth D. Wald,Allison Calhoun-Brown

Publisher: Rowman & Littlefield

ISBN: 9780742540415

Category: Political Science

Page: 445

View: 786

In this edition, updated to reflect recent events and trends, Wald (political science, U. of Florida, Gainesville) and Calhoun-Brown (political science, Georgia State U., Atlanta) show how religious ideas, institutions, movements and communities figure in American political life. They cover whether the US is in fact a secular society, the relations