Law, Religion, and Freedom

Conceptualizing a Common Right

W. Cole Durham, Jr., Javier Martínez-Torrón, Donlu D Thayer

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English

Routledge
23 February 2021

Religion & politics; Sociology; Anthropology; Religious freedom & freedom of worship; International human rights law

Series: ICLARS Series on Law and Religion

This book examines major conceptual challenges confronting freedom of religion or belief in contemporary settings.

The volume brings together chapters by leading experts from law, religious studies, and international relations, who provide perspectives from both sides of the Atlantic. At a time when the polarization of ‘culture wars’ is aggravating tensions between secular and religious views about accommodating the conscientious claims of individuals and groups, and when the right to freedom of religion itself is facing misunderstanding and erosion, the work provides welcome clarity and depth. Some chapters adopt a primarily conceptual and historical approach; others analyze particular difficulties or conflicts that have emerged in European and American jurisdictions, along with concrete applications and recommendations for the future.

The book will be a valuable resource for students, academics, and policy-makers with an interest in law, religion, and human rights.

Edited by: W. Cole Durham Jr., Javier Martínez-Torrón, Donlu D Thayer
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 453g
ISBN: 9781138555891
ISBN 10: 1138555894
Series: ICLARS Series on Law and Religion
Pages: 306
Publication Date: 23 February 2021
Audience: College/higher education , Primary
Format: Hardback
Publisher's Status: Active

Introduction DONLU THAYER PART I Definitions What is religious freedom? DAVID NOVAK Freedom of religion: fundamental right or impossibility? DAVID LITTLE The politics of sovereignty: the early modern origins of freedom of religion KURTIS ANDERSON The secularity of law and the freedom from religion ZACHARY CALO PART II Questions Is reasonable accommodation sufficient protection for the right to religious freedom in secular societies? GEORGIA ALIDA DU PLESSIS Is Hobby Lobby dangerous for religious liberty? FREDERICK MARK GEDICKS AND ANDREW KOPPELMAN Fernández Martínez v. Spain: an unclear intersection of rights? JAVIER MARTÍNEZ-TORRÓN Does the European Convention on Human Rights guarantee a right to freedom ‘from’ religion? GERHARD VAN DER SCHYFF PART III Applications Autonomy of religious communities versus the battle for human rights: two sides of the same coin MERILIN KIVIORG ‘Christian bigots’ and ‘Muslim terrorists’: religious liberty in a polarized age THOMAS BERG 11. Managing religious diversity in Europe: legal implications of religious affiliation and change of religion MONTSERRAT GAS AIXENDRI 12. Laïcité, neutrality, and freedom of religion and conscience in France after Charlie Hebdo: towards a nouvelle neutralité? MARÍA JOSÉ VALERO ESTARELLAS PART IV Predictions 13. Equal treatment of religions or differentiation between religions? SOPHIE VAN BIJSTERVELD 14. The world-defining contrast between monism and dualism and the future of religious freedom BRETT G. SCHARFFS 15. Religious autonomy at the crossroads W. COLE DURHAM, JR.

W. Cole Durham, Jr. is the Founding Director of the International Center for Law and Religion Studies, Brigham Young University. He is a graduate of Harvard College and Harvard Law School, where he was a Note Editor of the Harvard Law Review and Managing Editor of the Harvard International Law Journal. He is the immediate past President of the International Consortium for Law and Religion Studies (ICLARS), based in Milan, Italy, and a Co-Editor-in-Chief of the Oxford Journal of Law and Religion. Javier Martínez-Torrón is Professor of Law, Complutense University Madrid, Spain, President of LIRCE, Vice-President of the Section of Canon Law and Church-State Relations of the Spanish Royal Academy of Jurisprudence and Legislation, and member of the Steering Committee of ICLARS (International Consortium for Law and Religion Studies). Donlu Thayer is a Senior Fellow at Brigham Young University’s International Center for Law and Religion Studies. She retired at the end of 2019 as the Center’s Publications Director, overseeing print and electronic publications, including the International Law and Religion Headlines Service, the blog Talk About: Law and Religion, and a number of websites, including that of the Strasbourg Consortium, tracking the FoRB jurisprudence of the European Court of Human Rights.