Modern statesmen and political theorists have long struggled to design institutions that will simultaneously respect individual freedom of religion, nurture religion's capacity to be a force for civic good and human rights, and tame religion's illiberal tendencies. Moving past the usual focus on personal free expression of religion, this illuminating book - written by renowned scholars of law and religion from the United States, England, and Israel - considers how the institutional design of both religions and political regimes influences the relationship between religious practice and activity and human rights. The authors examine how the organization of religious communities affects human rights, and investigate the scope of a just state's authority with respect to organized religion in the name of human rights. They explore the institutional challenges posed by, and possible responses to, the fraught relationship between religion and rights in the world today.
Daugiau informacijos
This book examines the institutional relationship between religions, political regimes, and human rights.
Institutionalizing rights and religion: introduction Leora Batnitzky and
Hanoch Dagan; Part I. Secular Institutions and the Limits of Religious
Recognition:
1. Religion in the law: the disaggregation approach Cécile
Laborde;
2. The puzzle of the Catholic church Lawrence G. Sager;
3. Religious
accommodations and - and among - civil rights: separation, toleration and
accommodation Richard W. Garnett;
4. Israeli law and Jewish law in Israel: a
zero sum game? Yedidia Z. Stern;
5. Why 'live-and-let-live' is not a viable
solution to the difficult problems of religious accommodation in the age of
sexual civil rights Mary Anne Case;
6. Control by accommodation: religious
jurisdiction among the Palestinian-Arab minority in Israel Michael Karayanni;
7. Decentralizing religious and secular accommodations Roderick M. Hills, Jr;
8. In search of the secular Yishai Blank; Part II. The Challenges of
Religious Institutions for the Secular State:
9. The 'how many?' question: an
institutionalist's guide to pluralism Ori Aronson;
10. Equality in religious
schools: the JFS case reconsidered Haim Shapira;
11. Religious freedom as a
technology of modern secular governance Peter G. Danchin;
12. Civil
regulations of religious marriage from the perspectives of pluralism, human
rights and political compromise Shahar Lifshitz;
13. The impact of Supreme
Court rulings on the Halakhic status of the official rabbinical courts in
Israel Amihai Radzyner;
14. Is conversion a human right?: a comparative look
at religious Zionism and Hindu nationalism Leora Batnitzky.
Leora Batnitzky is the Ronald O. Perelman Professor of Jewish Studies and Professor and Chair of the Department of Religion at Princeton University, New Jersey. Her publications include Leo Strauss and Emmanuel Levinas: Philosophy and the Politics of Revelation (2006) and How Judaism Became a Religion: An Introduction to Modern Jewish Thought (2011). She has been a visiting scholar at the Hebrew University of Jerusalem, the University of Tokyo, and New York University Law School. Hanoch Dagan is the Stewart and Judy Colton Professor of Legal Theory and Innovation and former dean of the Tel-Aviv University Faculty of Law and a Senior Fellow at the Israel Democracy Institute. Dagan has written over seventy articles in major law reviews and journals as well as five books including Reconstructing American Legal Realism and Rethinking Private Law Theory (2013) and The Choice Theory of Contracts (with Michael Heller, Cambridge, 2017).
