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The New Religious Institutionalism Meets the Old Establishment Clause

Gregory P. Magarian

in The Rise of Corporate Religious Liberty

Published in print:
2016
Published Online:
January 2016
ISBN:
9780190262525
eISBN:
9780190262563
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190262525.003.0022
Subject:
Law, Company and Commercial Law, Constitutional and Administrative Law

This chapter argues that the Establishment Clause should place substantial constraints on constitutional or statutory accommodation of religious institutions. Religious accommodation has always ... More


The Liberal Duty to Recognize Cultures

ALAN BRUDNER

in Constitutional Goods

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199225798
eISBN:
9780191706516
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199225798.003.0011
Subject:
Law, Constitutional and Administrative Law

How can liberal states respect the ways of cultural communities without surrendering the authority of liberal public reason? How can cultural communities recognize the authority of liberal public ... More


In Defense of the Sincerity Test

Kevin Vallier and Michael Weber

in Religious Exemptions

Published in print:
2018
Published Online:
January 2018
ISBN:
9780190666187
eISBN:
9780190666217
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190666187.003.0014
Subject:
Philosophy, Political Philosophy, Moral Philosophy

Both legal scholars and judges have expressed discomfort with rigorously questioning the sincerity of plaintiffs requesting a religious exemption. Many have claimed that the sincerity test is in fact ... More


The Acute Multicultural Entrapment of the Palestinian-Arab Religious Minorities in Israel and the Feeble Measures Required to Relieve It

Michael M. Karayanni

in Mapping the Legal Boundaries of Belonging: Religion and Multiculturalism from Israel to Canada

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199383009
eISBN:
9780190203603
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199383009.003.0011
Subject:
Religion, Religion and Society

This chapter considers how liberal multiculturalism relates to religious-minority groups that adhere to practices viewed as illiberal for which they seek religious accommodation, known as ... More


The Constitutional Boundaries of Religious Accommodation

Ran Hirschl and Ayelet Shachar

in Constitutional Secularism in an Age of Religious Revival

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199660384
eISBN:
9780191748264
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199660384.003.0010
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter identifies two different categories of judicial response to increasingly common religious-based claims for recognition, accommodation, and exemption in constitutional democracies: (i) ... More


Of Burdens and Baselines: ’s Puzzling Footnote 37

Frederick Mark Gedicks and Rebecca G. Van Tassell

in The Rise of Corporate Religious Liberty

Published in print:
2016
Published Online:
January 2016
ISBN:
9780190262525
eISBN:
9780190262563
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190262525.003.0017
Subject:
Law, Company and Commercial Law, Constitutional and Administrative Law

This chapter makes three points: (1) Religion Clause precedent supports the Supreme Court’s unanimous acknowledgment in Hobby Lobby that RFRA exemptions are limited by the burdens they impose on ... More


How Should We Treat Religion? On Exemptions and Exclusions

Kevin Vallier and Michael Weber

in Religious Exemptions

Published in print:
2018
Published Online:
January 2018
ISBN:
9780190666187
eISBN:
9780190666217
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190666187.003.0004
Subject:
Philosophy, Political Philosophy, Moral Philosophy

The law of religious liberty in the United States tends to treat religion as special in two ways. It does first by offering religious citizens certain exemptions and accommodations based on their ... More


Religious Accommodation: Responsibility, Integrity, and Self-Respect

Jonathan Seglow

in Religion in Liberal Political Philosophy

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198794394
eISBN:
9780191835896
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198794394.003.0013
Subject:
Political Science, Political Theory

This chapter investigates the moral basis for laws which accommodate the interests of religious believers in the light of the objection that individuals are morally responsible for their beliefs. One ... More


Old Society, New Belief: Religious transformation of China and Rome, ca. 1st-6th Centuries

Mu-chou Poo, H. A. Drake, and Lisa Raphals (eds)

Published in print:
2017
Published Online:
June 2017
ISBN:
9780190278359
eISBN:
9780190278373
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190278359.001.0001
Subject:
Classical Studies, Ancient Religions, World History: BCE to 500CE

In the first century of the Common Era, two new belief systems entered long-established cultures with radically different outlooks and values: in that century, missionaries started to spread the ... More


Religious Exemptions

Kevin Vallier and Michael Weber (eds)

Published in print:
2018
Published Online:
January 2018
ISBN:
9780190666187
eISBN:
9780190666217
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190666187.001.0001
Subject:
Philosophy, Political Philosophy, Moral Philosophy

Exemptions from legal requirements, especially religious exemptions, have been a major topic of political debate in recent years. Bakers in various states have sought the right to refuse to make ... More


The Right to Control Your Body

Sarah Conly

in One Child: Do We Have a Right to More?

Published in print:
2016
Published Online:
November 2015
ISBN:
9780190203436
eISBN:
9780190203450
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190203436.003.0003
Subject:
Philosophy, Moral Philosophy, General

Others, though, will say that our right to have as many biological children as we want isn’t just a function of whether or not that is in our interests. Many people believe that you have a right to ... More


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