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A Principled Framework for the Autonomy of Religious Communities

Reconciling Freedom and Discrimination

Alex Deagon (Queensland University of Technology, Australia)

$170

Hardback

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English
Hart Publishing
20 April 2023
This book engages in a theological critique of the legal frameworks and theoretical approaches of Australia, the US and England to create a peaceful coexistence of difference which supports both religious freedom and equality.

It develops a new framework for reconciling religious freedom and discrimination in Western liberal democracies and presents a unique approach to practically supporting both religious freedom and equality as fundamentally important objectives which promote more compassionate and cohesive communities.

The book applies the idea of peaceful coexistence of difference by assuming the dignity and goodwill of different people and perspectives, and proceeds upon shared virtues such as love which are affirmed by all.

By:  
Imprint:   Hart Publishing
Country of Publication:   United Kingdom
Dimensions:   Height: 234mm,  Width: 156mm, 
ISBN:   9781509950638
ISBN 10:   150995063X
Pages:   280
Publication Date:  
Audience:   College/higher education ,  Primary
Format:   Hardback
Publisher's Status:   Active
PART I RELIGIOUS FREEDOM VERSUS ANTI-DISCRIMINATION? Introduction I. The Purpose of this Book: Reconciling Freedom and Discrimination II. Religious Freedom and Equality: A Tense Relationship III. Shortcomings in the Literature IV. Peaceful Coexistence, Shared Premises and Political Virtues V. Models of the Religion-State Relationship VI. Structure of the Book PART II LEGAL FRAMEWORKS 1. Australia I. Introduction II. The Australian Constitution III. Commonwealth Legislation IV. Summary: The Legal Infrastructure for the Autonomy of Religious Communities in Australia V. Evaluation of the Law: Peaceful Coexistence and the Theological Virtues VI. Conclusion: The Autonomy of Religious Communities in Australian Law 2. United States I. Introduction II. The First Amendment of the US Constitution III. Federal Legislation IV. Summary: The Legal Infrastructure for the Autonomy of Religious Communities in the US V. Evaluation of the Law: Peaceful Coexistence and the Theological Virtues VI. Conclusion: The Autonomy of Religious Communities in US Law 3. England I. Introduction II. European Convention of Human Rights III. UK Legislation IV. Summary: The Legal Infrastructure for the Autonomy of Religious Communities in England V. Evaluation of the Law: Peaceful Coexistence and the Theological Virtues VI. Conclusion: The Autonomy of Religious Communities in English Law PART III THEORETICAL FRAMEWORKS 4. Australia: Pragmatic Pluralism or Mild Establishment? I. Introduction II. Australia as Pragmatically Pluralist III. Evaluation of Australia’s Pragmatic Pluralism IV. Proposing an Alternative: Mild Establishment? V. Implications for Australia’s Legal Framework VI. Conclusion 5. United States: Secularism or Pluralism? I. Introduction II. United States as Secular Separationist III. Evaluation of Secular Separationism in the US IV. Proposing an Alternative: Pluralism V. Implications for the United States Legal Framework VI. Conclusion 6. England: Substantive Establishment? I. Introduction II. Elements of English Establishment III. Nature of English Establishment: Substantive (Theological) or Formal (Secular)? IV. Peaceful Coexistence and an Evaluation of English Establishment V. Implications for the English Legal Framework VI. Conclusion PART IV A PRINCIPLED FRAMEWORK 7. Reconciling Religious Freedom and Equality in a Principled Framework I. Introduction II. Reconciling Religious Freedom and Equality III. Recommendations

Alex Deagon is Senior Lecturer at the Faculty of Law, Queensland University of Technology, Australia.

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