قانون و دین در دولت لیبرال

"The relationship between law and religion is evident throughout history. They have never been completely independent from each other. There is no doubt that religion has played an important role in providing the underlying values of modern laws, in setting the terms of the relationship between the individual and the state, and in demanding a space for the variety of intermediate institutions which stand between individuals and the state. However, the relationships between law and religion, and the state and religious institutions differ significantly from one modern state to another. There is not one liberalism but many. This work brings together reflections upon the relationship between religion and the law from the perspectives of different sub-traditions within the broader liberal project and in light of some contemporary problems in the accommodation of religious and secular authority."--Page 4 de la couverture Acknowledgements 6 Contents 8 List of Contributors 10 1. Introduction: Law and Religion in the Liberal State 12 I. Modernity as Pluralising 12 II. Tensions within Liberalism 13 III. The Content of this Book 17 PART I: RELIGIOUS FREEDOM AND PARTICULAR TRADITIONS 22 2. Roger Williams and the Architecture of Religious Liberty 24 I. The Backdrop 25 II. Building a Colony 27 III. Governing a Colony 30 IV. Soul Liberty 33 V. Legacy 40 VI. The Lived Reality of Religious Freedom 41 3. Orthodox Churches in the Post-Communist Countries and the Separation between Religion and State 46 I. Introduction 46 II. Church-State Relations in Orthodoxy: Between Theory and History 48 III. Power Dimensions of the Post-Communist Church-State Relations 55 IV. Conclusions 62 4. Catholic Social Thought, Religious Liberty and Liberal Order 64 I. The Problem of Religious Freedom 64 II. The Vision of Dignitatis Humanae 68 III. John Courtney Murray 73 IV. Catholic Liberalism and the Future of Religious Freedom 76 PART II: CONTESTED ISSUES 82 5. The Right to be Different: Religious Life in Twenty-First Century Great Britain 84 I. Introduction 84 II. 'Preparing Students for Life in Modern Britain' 88 III. The Impact of Adverse Reports on Faith Schools 95 IV. The Law and Religious Difference in Great Britain 96 6. Law, Religion and States: Searching for a Soul for Europe 100 I. Introduction 100 II. What is Europe? Past, Present, Future 101 III. Spirits in a Material World: The Soul in the European Flesh 110 IV. Concluding Remarks 116 7. How to Deal with Religion in the Increasingly Pluralistic European Societies? The European Court of Human Rights on Crucifixes, Face-covering Veils and Disparaging Muhammad 118 I. The Court’s Case Law from 1993 Until 2009: The Secular State Approach 120 II. A Break with the Secular State Approach? 122 III. The Neutral State Regulating Religion in Society 127 IV. Concluding Remarks 133 8. Religious Symbol or Something Else? The Legal and Political Signification of the Crucifix in Italy from the Unification of the Country (1861) to the Present Day 136 I. Introduction 136 II. The Historical Origins of the Compulsory Display of Crucifixes in State Schools and Courtrooms 137 III. Case Law on the Display of the Crucifix 140 IV. Similar Crucifix Disputes in Other European Countries 152 V. Concluding Remarks 154 9. Religious Exemptions from Civil Laws and Free Exercise of Religion in the USA 158 I. Introduction 158 II. Are Religious Exemptions a Constitutional Right? 159 III. The Outlook for Religious Exemptions 169 10. Whose Conscience? Which Complicity? Reconciling Burdens and Interests in the Law of Religious Liberty 172 I. Introduction 172 II. How RFRA Helps Religious Believers, Sometimes 175 III. How RFRA Hurts Others, Sometimes: The Case of Hobby Lobby 178 IV. A Study in Contrasts: Two Recent Cases 181 V. Conclusion: What Next? 185 11. Sanctuary: Religion and Law in the United States 188 I. Introduction 188 II. The Religious Roots of Sanctuary 188 III. Immigration Policy in US History 190 IV. Asylum and Immigration in the Twentieth Century 192 V. The Origins of Sanctuary in the US 193 VI. Legal Arguments for Sanctuary 195 VII. Competing Domains – Religious and Political Authority 200 VIII. Conclusion 205 12. Exorcism: Faith versus Fraud: The Balance Struck between Freedom of Religion and Protecting the Vulnerable from Exploitation 208 I. Introduction 208 II. Tort and Negligence 211 III. Privacy and Reputation 222 IV. Financial Exploitation 225 V. Conclusion 227 13. Sacred Sites and State Failures: A Case Study of the Babri Masjid/Ram Temple Dispute in Ayodhya 228 I. Introduction 228 II. Context and History 229 III. Litigation, 1856–2018 231 IV. Analysis 236 V. Conclusion 241 14. The Place of Shari’a in Australia 244 I. Introduction 244 II. Muslim Communities in Australia 247 III. Definition of Shari'a 248 IV. The Issue of Shari'a in Australia 251 V. Shari'a and Financial Opportunity 253 VI. Shari'a and Australia's Move to Neoliberal Multiculturalism 256 VII. Conclusion 261 Index 264 "The relationship between law and religion is evident throughout history. They have never been completely independent from each other. There is no doubt that religion has played an important role in providing the underlying values of modern laws, in setting the terms of the relationship between the individual and the state and in demanding a space for the variety of intermediate institutions which stand between individuals and the state. However, the relationships between law and religion and the state and religious institutions differ significantly from one modern state to another. There is not one liberalism but many. This work brings together reflections upon the relationship between religion and the law from the perspectives of different sub-traditions within the broader liberal project and in light of some contemporary problems in the accommodation of religious and secular authority"-- Provided by publisher