Kristine Kalanges
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199859467
- eISBN:
- 9780199933518
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199859467.003.0003
- Subject:
- Law, Public International Law, Comparative Law
Freedom of religion did not become a legal reality until the modern era (e.g., through the First Amendment), and even as late as the Second World War, one global study declared a total absence of “a ...
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Freedom of religion did not become a legal reality until the modern era (e.g., through the First Amendment), and even as late as the Second World War, one global study declared a total absence of “a generally accepted postulate of international law that every State is under legal obligation to accord religious liberty within its jurisdiction.” However, in the relatively brief historical period since, freedom of religion or belief has become just such an accepted postulate of international law. This chapter explores key elements of that development, beginning with an examination of religious liberty provisions in international human rights law—the major documents and treaties, as well as issues of special concern. Next, it briefly considers two additional sources of international rights monitoring and enforcement: the U.S. Commission on International Religious Freedom and the European Court of Human Rights. Finally, it discusses the twentieth-century contributions of religious institutions to religious liberty, focusing on the role of the Catholic Church in elaborating a moral foundation for religious freedom and championing it as a pathway to peace.Less
Freedom of religion did not become a legal reality until the modern era (e.g., through the First Amendment), and even as late as the Second World War, one global study declared a total absence of “a generally accepted postulate of international law that every State is under legal obligation to accord religious liberty within its jurisdiction.” However, in the relatively brief historical period since, freedom of religion or belief has become just such an accepted postulate of international law. This chapter explores key elements of that development, beginning with an examination of religious liberty provisions in international human rights law—the major documents and treaties, as well as issues of special concern. Next, it briefly considers two additional sources of international rights monitoring and enforcement: the U.S. Commission on International Religious Freedom and the European Court of Human Rights. Finally, it discusses the twentieth-century contributions of religious institutions to religious liberty, focusing on the role of the Catholic Church in elaborating a moral foundation for religious freedom and championing it as a pathway to peace.
Thomas F. Farr
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195179958
- eISBN:
- 9780199869749
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195179958.001.0001
- Subject:
- Religion, Religion and Society
The global resurgence of public religion has major implications for America's vital interests abroad and its security at home. The 1979 Shiite revolution in Iran, the Catholic contribution to the ...
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The global resurgence of public religion has major implications for America's vital interests abroad and its security at home. The 1979 Shiite revolution in Iran, the Catholic contribution to the “third wave” of democratization, the 9/11 attacks — all demonstrate just how important a force religion has become. And yet, despite being the most religious nation in the West, the United States has not adjusted well to religious actors in international affairs. Its policy makers and diplomats seem either ignorant or baffled about religious ideas, communities or movements. American security has suffered as a result. In the broader Middle East, Russia, India, and elsewhere, U.S. reluctance to engage religious actors and political theologies has handicapped the development of stable democracy. In China, U.S. religious freedom policy has amounted to little more than occasional demands for prisoner releases. In fact, U.S. policy worldwide has been characterized more by an anemic opposition to religious persecution than to the actual advancement of religious freedom. This book examines the origins and nature of U.S. diplomacy's “religion avoidance syndrome,” and offers remedies. Focusing on the importance of religion to human nature, it develops a broad-based concept of religious freedom as necessary to human flourishing and stable democracy. It explores why scholars and policy makers have, in the nation's democracy promotion and religious freedom policies, ignored the salience of religion in human affairs. Three chapters chronicle the author's adventures in the Department of State under two administrations, and in his travels to advance religious liberty. The book ends with extensive examinations of two of the most vexing challenges for U.S. foreign policy — Islam and China. Along the way it provides concrete proposals for correcting the deficiencies of American policy and engaging more effectively a world of faith.Less
The global resurgence of public religion has major implications for America's vital interests abroad and its security at home. The 1979 Shiite revolution in Iran, the Catholic contribution to the “third wave” of democratization, the 9/11 attacks — all demonstrate just how important a force religion has become. And yet, despite being the most religious nation in the West, the United States has not adjusted well to religious actors in international affairs. Its policy makers and diplomats seem either ignorant or baffled about religious ideas, communities or movements. American security has suffered as a result. In the broader Middle East, Russia, India, and elsewhere, U.S. reluctance to engage religious actors and political theologies has handicapped the development of stable democracy. In China, U.S. religious freedom policy has amounted to little more than occasional demands for prisoner releases. In fact, U.S. policy worldwide has been characterized more by an anemic opposition to religious persecution than to the actual advancement of religious freedom. This book examines the origins and nature of U.S. diplomacy's “religion avoidance syndrome,” and offers remedies. Focusing on the importance of religion to human nature, it develops a broad-based concept of religious freedom as necessary to human flourishing and stable democracy. It explores why scholars and policy makers have, in the nation's democracy promotion and religious freedom policies, ignored the salience of religion in human affairs. Three chapters chronicle the author's adventures in the Department of State under two administrations, and in his travels to advance religious liberty. The book ends with extensive examinations of two of the most vexing challenges for U.S. foreign policy — Islam and China. Along the way it provides concrete proposals for correcting the deficiencies of American policy and engaging more effectively a world of faith.
Thomas F. Farr
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195179958
- eISBN:
- 9780199869749
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195179958.003.0001
- Subject:
- Religion, Religion and Society
The book begins with an apostasy trial in democratic Afghanistan. The episode reveals a serious deficit in U.S. foreign policy: in a world increasingly influenced by religion, American diplomacy ...
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The book begins with an apostasy trial in democratic Afghanistan. The episode reveals a serious deficit in U.S. foreign policy: in a world increasingly influenced by religion, American diplomacy lacks the policy mandate, habits of thought, training or bureaucratic structure to engage religious ideas and actors. Beset by confusion, and despite supposedly clarifying events such as the 9/11 attacks, the foreign affairs establishment routinely acts in a “secularistic” fashion, instinctively removing religion from the policy table. The disarray does not admit of easy solution; it is fed by attitudes from across the ideological spectrum of American society. There is, however, a potentially fruitful remedy at hand: the U.S. policy of promoting international religious freedom. Properly refurbished and energized, that policy could dramatically increase the capacity of American diplomacy to advance vital U.S. interests abroad and at home. A key to success will be promoting religious freedom properly understood.Less
The book begins with an apostasy trial in democratic Afghanistan. The episode reveals a serious deficit in U.S. foreign policy: in a world increasingly influenced by religion, American diplomacy lacks the policy mandate, habits of thought, training or bureaucratic structure to engage religious ideas and actors. Beset by confusion, and despite supposedly clarifying events such as the 9/11 attacks, the foreign affairs establishment routinely acts in a “secularistic” fashion, instinctively removing religion from the policy table. The disarray does not admit of easy solution; it is fed by attitudes from across the ideological spectrum of American society. There is, however, a potentially fruitful remedy at hand: the U.S. policy of promoting international religious freedom. Properly refurbished and energized, that policy could dramatically increase the capacity of American diplomacy to advance vital U.S. interests abroad and at home. A key to success will be promoting religious freedom properly understood.
Catharine Cookson
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780195129441
- eISBN:
- 9780199834105
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019512944X.001.0001
- Subject:
- Religion, Religion and Society
Religious free exercise conflicts occur when religiously compelled behavior (whether action or inaction) appears to violate a law that contraindicates or even criminalizes such behavior. Fearful of ...
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Religious free exercise conflicts occur when religiously compelled behavior (whether action or inaction) appears to violate a law that contraindicates or even criminalizes such behavior. Fearful of the anarchy of religious conscience, the U.S. Supreme Court opted instead for authoritarianism in this church and state matter: The state's need for civil order is conclusively presumed to be achieved by enforcing uniform obedience to generally applicable laws, and thus legislation must trump the human and constitutional right to religious freedom. Rejecting the Court's unthinking rigorism, the book more appropriately views a free exercise case as a conflict of principles or “goods”: the basic constitutional and human right to freedom of conscience and religious freedom versus the societal good furthered and protected by the legislation. The book recommends an alternative analytical free exercise process grounded within the common law tradition as well as social ethics: casuistry. Casuistical reasoning requires a careful analysis of the particulars and factual context of the case, and relies upon analogies and paradigmatic illustrations to get to the heart of the principles at issue. The book furthermore explores the panoply of theories, self‐understandings, typologies, contexts, and societal constructs at play in free exercise conflicts, and in the final chapters applies casuistry to two free exercise situations, spiritual healing methods applied to children, and ingestion of sacramental peyote in Native American Church rituals.Less
Religious free exercise conflicts occur when religiously compelled behavior (whether action or inaction) appears to violate a law that contraindicates or even criminalizes such behavior. Fearful of the anarchy of religious conscience, the U.S. Supreme Court opted instead for authoritarianism in this church and state matter: The state's need for civil order is conclusively presumed to be achieved by enforcing uniform obedience to generally applicable laws, and thus legislation must trump the human and constitutional right to religious freedom. Rejecting the Court's unthinking rigorism, the book more appropriately views a free exercise case as a conflict of principles or “goods”: the basic constitutional and human right to freedom of conscience and religious freedom versus the societal good furthered and protected by the legislation. The book recommends an alternative analytical free exercise process grounded within the common law tradition as well as social ethics: casuistry. Casuistical reasoning requires a careful analysis of the particulars and factual context of the case, and relies upon analogies and paradigmatic illustrations to get to the heart of the principles at issue. The book furthermore explores the panoply of theories, self‐understandings, typologies, contexts, and societal constructs at play in free exercise conflicts, and in the final chapters applies casuistry to two free exercise situations, spiritual healing methods applied to children, and ingestion of sacramental peyote in Native American Church rituals.
Kristine Kalanges
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199859467
- eISBN:
- 9780199933518
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199859467.003.0005
- Subject:
- Law, Public International Law, Comparative Law
Recognizing that the construction and institutionalization of religious liberty rights is at once a political and a legal project, this chapter proceeds in two main sections. The first focuses on the ...
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Recognizing that the construction and institutionalization of religious liberty rights is at once a political and a legal project, this chapter proceeds in two main sections. The first focuses on the political and socio-cultural processes in Muslim states that have interacted over time to institutionalize Islamic law and identity at national and transnational levels. This history is essential, not least because the modern constitutions of many relevant states were adopted during the 1970s and 1980s amidst struggles marked by Arab nationalism, Islamism, and Islamic identity formation. Hence, in the second section, the constitutional consequences of these historical-political processes are explored via specific examination of religious liberty in the laws and practices of four influential countries—Iran, Turkey, Egypt, and Pakistan.Less
Recognizing that the construction and institutionalization of religious liberty rights is at once a political and a legal project, this chapter proceeds in two main sections. The first focuses on the political and socio-cultural processes in Muslim states that have interacted over time to institutionalize Islamic law and identity at national and transnational levels. This history is essential, not least because the modern constitutions of many relevant states were adopted during the 1970s and 1980s amidst struggles marked by Arab nationalism, Islamism, and Islamic identity formation. Hence, in the second section, the constitutional consequences of these historical-political processes are explored via specific examination of religious liberty in the laws and practices of four influential countries—Iran, Turkey, Egypt, and Pakistan.
Thomas J. Curry
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780195145694
- eISBN:
- 9780199834129
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195145690.001.0001
- Subject:
- Religion, History of Christianity
Protestantism abandoned Christendom by way of the First Amendment of the Bill of Rights, and Catholicism did the same in the Declaration of Religious Liberty of the Second Vatican Council. Because ...
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Protestantism abandoned Christendom by way of the First Amendment of the Bill of Rights, and Catholicism did the same in the Declaration of Religious Liberty of the Second Vatican Council. Because scholars have misinterpreted and manipulated the historical background of the meaning of the Free Exercise of Religion and Establishment of Religion, they have led legislators and judges back into the problem of Church and State that prevailed in Christendom, and that the Amendment solved. As a result, the Supreme Court's interpretation of the First Amendment has reached a point of deep confusion and crisis. Whereas the Amendment was intended to specify government's lack of jurisdiction in religion, modern interpretations of it have conferred upon government power to define the meaning of the Free Exercise of Religion, religious neutrality, and what aids or hinders religion. The way out of the present confusion lies in confining government to what is secular and forbidding it to make religious assessments and decisions. Examining the decisions of the Supreme Court, this work demonstrates that by reconnecting with the history of the First Amendment and approaching it as a limitation on the power of government, rather than as a grant to government to protect religious liberty, the courts can escape the crisis and confusion they are presently experiencing. Religious liberty is a natural right. Within the meaning of the First Amendment, the Free Exercise of Religion means freedom from government jurisdiction in religion, not a government guarantee to allow individuals to exercise the religion of their choice.Less
Protestantism abandoned Christendom by way of the First Amendment of the Bill of Rights, and Catholicism did the same in the Declaration of Religious Liberty of the Second Vatican Council. Because scholars have misinterpreted and manipulated the historical background of the meaning of the Free Exercise of Religion and Establishment of Religion, they have led legislators and judges back into the problem of Church and State that prevailed in Christendom, and that the Amendment solved. As a result, the Supreme Court's interpretation of the First Amendment has reached a point of deep confusion and crisis. Whereas the Amendment was intended to specify government's lack of jurisdiction in religion, modern interpretations of it have conferred upon government power to define the meaning of the Free Exercise of Religion, religious neutrality, and what aids or hinders religion. The way out of the present confusion lies in confining government to what is secular and forbidding it to make religious assessments and decisions. Examining the decisions of the Supreme Court, this work demonstrates that by reconnecting with the history of the First Amendment and approaching it as a limitation on the power of government, rather than as a grant to government to protect religious liberty, the courts can escape the crisis and confusion they are presently experiencing. Religious liberty is a natural right. Within the meaning of the First Amendment, the Free Exercise of Religion means freedom from government jurisdiction in religion, not a government guarantee to allow individuals to exercise the religion of their choice.
Elizabeth H. Prodromou
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195323405
- eISBN:
- 9780199869237
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195323405.003.0012
- Subject:
- Religion, Sikhism
Under the presidency of George W. Bush, this chapter argues, religious identities and ethical commitments had a significant impact on U.S. foreign policy—and an even greater impact on perceptions of ...
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Under the presidency of George W. Bush, this chapter argues, religious identities and ethical commitments had a significant impact on U.S. foreign policy—and an even greater impact on perceptions of that policy abroad. The International Religious Freedom Act of 1998 and the attacks of September 11, 2001, were critical junctures. The end of the cold war and religious mobilization in U.S. politics coincided with heightened awareness of religious persecution across many countries, culminating in the 1998 legislation. And in the wake of the terrorist attacks on the U.S., the struggle against Islamic radicalism became both a foreign policy priority and a rallying cry in U.S. domestic politics. The worldwide perception of a religious impetus in U.S. foreign policy has had a negative impact on America's standing in the world.Less
Under the presidency of George W. Bush, this chapter argues, religious identities and ethical commitments had a significant impact on U.S. foreign policy—and an even greater impact on perceptions of that policy abroad. The International Religious Freedom Act of 1998 and the attacks of September 11, 2001, were critical junctures. The end of the cold war and religious mobilization in U.S. politics coincided with heightened awareness of religious persecution across many countries, culminating in the 1998 legislation. And in the wake of the terrorist attacks on the U.S., the struggle against Islamic radicalism became both a foreign policy priority and a rallying cry in U.S. domestic politics. The worldwide perception of a religious impetus in U.S. foreign policy has had a negative impact on America's standing in the world.
Kristine Kalanges
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199859467
- eISBN:
- 9780199933518
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199859467.003.0002
- Subject:
- Law, Public International Law, Comparative Law
This chapter discusses the early modern origins of freedom of religion in the Protestant Reformation (including the contributions of Martin Luther and John Calvin), the genesis of the “American ...
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This chapter discusses the early modern origins of freedom of religion in the Protestant Reformation (including the contributions of Martin Luther and John Calvin), the genesis of the “American constitutional experiment in religious liberty” (noting, especially, the influence of Roger Williams, John Locke, and James Madison), and the formulation of religious freedom in and subsequent jurisprudence of the First Amendment (e.g., the Establishment and Free Exercise Clauses).Less
This chapter discusses the early modern origins of freedom of religion in the Protestant Reformation (including the contributions of Martin Luther and John Calvin), the genesis of the “American constitutional experiment in religious liberty” (noting, especially, the influence of Roger Williams, John Locke, and James Madison), and the formulation of religious freedom in and subsequent jurisprudence of the First Amendment (e.g., the Establishment and Free Exercise Clauses).
Gary Scott Smith
- Published in print:
- 2006
- Published Online:
- January 2007
- ISBN:
- 9780195300604
- eISBN:
- 9780199785285
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195300604.003.0002
- Subject:
- Religion, Religion and Society
While many of George Washington’s contemporaries portrayed him as a devout Christian, Thomas Jefferson’s foes depicted him as an infidel and an atheist. Given how similar their religious views and ...
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While many of George Washington’s contemporaries portrayed him as a devout Christian, Thomas Jefferson’s foes depicted him as an infidel and an atheist. Given how similar their religious views and practices were, these radically different appraisals of Washington and Jefferson are ironic. Religion mesmerized, tantalized, alarmed, and sometimes inspired Jefferson, and he discussed religious issues, movements, and leaders often in his conversation and correspondence and occasionally in his addresses and published writings. Religious issues played a major role in Jefferson’s life and presidency. He wrote the Virginia Statute for Religious Freedom (1786) that disestablished the Episcopal Church, enshrined the principle of freedom of conscience, and helped prepare the way for the First Amendment. Since 1947 his metaphor of a “wall of separation” between church and state has dominated constitutional debate over the proper place of religion in public life and policy. Although he repudiated much of orthodox Christianity, the Virginian was a deeply religious man. Jefferson’s alleged lack of faith was a major issue in the hotly contested election of 1800. In an effort to discover the historical Jesus, he devised two different editions of the Gospels for his own use that eliminated all miraculous elements and focused on Christ’s ethical teachings. Although his supporters, his opponents, and academicians have, for the past two centuries, debated the nature of his faith and whether he should be labeled an Episcopalian, a deist, or a Unitarian, many scholars do not recognize how important Jefferson’s religious convictions were to his philosophy of government and career. Jefferson’s character and views of slavery are also examined.Less
While many of George Washington’s contemporaries portrayed him as a devout Christian, Thomas Jefferson’s foes depicted him as an infidel and an atheist. Given how similar their religious views and practices were, these radically different appraisals of Washington and Jefferson are ironic. Religion mesmerized, tantalized, alarmed, and sometimes inspired Jefferson, and he discussed religious issues, movements, and leaders often in his conversation and correspondence and occasionally in his addresses and published writings. Religious issues played a major role in Jefferson’s life and presidency. He wrote the Virginia Statute for Religious Freedom (1786) that disestablished the Episcopal Church, enshrined the principle of freedom of conscience, and helped prepare the way for the First Amendment. Since 1947 his metaphor of a “wall of separation” between church and state has dominated constitutional debate over the proper place of religion in public life and policy. Although he repudiated much of orthodox Christianity, the Virginian was a deeply religious man. Jefferson’s alleged lack of faith was a major issue in the hotly contested election of 1800. In an effort to discover the historical Jesus, he devised two different editions of the Gospels for his own use that eliminated all miraculous elements and focused on Christ’s ethical teachings. Although his supporters, his opponents, and academicians have, for the past two centuries, debated the nature of his faith and whether he should be labeled an Episcopalian, a deist, or a Unitarian, many scholars do not recognize how important Jefferson’s religious convictions were to his philosophy of government and career. Jefferson’s character and views of slavery are also examined.
Thomas F. Farr
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195179958
- eISBN:
- 9780199869749
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195179958.003.0005
- Subject:
- Religion, Religion and Society
The passage of the 1998 International Religious Freedom (IRF) Act seemed to presage a new chapter in U.S. foreign policy—in effect, the elevation of America's “first freedom” to what many considered ...
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The passage of the 1998 International Religious Freedom (IRF) Act seemed to presage a new chapter in U.S. foreign policy—in effect, the elevation of America's “first freedom” to what many considered its rightful ascendancy in the nation's human rights policy. In retrospect, however, the fault lines in the law's conception and implementation have been quite significant. This chapter examines those weaknesses, including the desire of IRF supporters to bypass the State Department, the perception that the law is Christian-centered, and the concern by liberals that religious freedom should not be elevated to the top of a “hierarchy of human rights.” In describing the hierarchy objection the chapter analyzes the controversial but critical issues of proselytization, and the distinction between religious tolerance and religious freedom. The net result of these and other problems is that U.S. IRF policy has been narrowly construed, ignored by its supporters, and largely ineffective.Less
The passage of the 1998 International Religious Freedom (IRF) Act seemed to presage a new chapter in U.S. foreign policy—in effect, the elevation of America's “first freedom” to what many considered its rightful ascendancy in the nation's human rights policy. In retrospect, however, the fault lines in the law's conception and implementation have been quite significant. This chapter examines those weaknesses, including the desire of IRF supporters to bypass the State Department, the perception that the law is Christian-centered, and the concern by liberals that religious freedom should not be elevated to the top of a “hierarchy of human rights.” In describing the hierarchy objection the chapter analyzes the controversial but critical issues of proselytization, and the distinction between religious tolerance and religious freedom. The net result of these and other problems is that U.S. IRF policy has been narrowly construed, ignored by its supporters, and largely ineffective.
Kristine Kalanges
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199859467
- eISBN:
- 9780199933518
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199859467.003.0006
- Subject:
- Law, Public International Law, Comparative Law
The rise of political Islam in the 1970s and 1980s in reaction to secular Western imperial power had consequences at both the domestic and international levels. Islamists sought to institutionalize ...
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The rise of political Islam in the 1970s and 1980s in reaction to secular Western imperial power had consequences at both the domestic and international levels. Islamists sought to institutionalize their religious authority and political power in state constitutions, which in turn had tangible and often grave effects on the practical and legal status of religious freedom in those countries. Concurrently, the growing power of Islamism, coupled with the rise of national and transnational Islamic identity, inspired efforts to develop Islamic alternatives to Western international law. The resulting agreements—such as the Universal Islamic Declaration of Human Rights and the Cairo Declaration on Human Rights in Islam—have raised pressing questions about the compatibility of Islam and human rights; the status of women, non-Muslims, and religious freedom in Islamic declarations; the nature of contemporary Islamic international law; and the implications of differences between Western and Islamic formulations for the universality of human rights. These questions are the subject of this chapter.Less
The rise of political Islam in the 1970s and 1980s in reaction to secular Western imperial power had consequences at both the domestic and international levels. Islamists sought to institutionalize their religious authority and political power in state constitutions, which in turn had tangible and often grave effects on the practical and legal status of religious freedom in those countries. Concurrently, the growing power of Islamism, coupled with the rise of national and transnational Islamic identity, inspired efforts to develop Islamic alternatives to Western international law. The resulting agreements—such as the Universal Islamic Declaration of Human Rights and the Cairo Declaration on Human Rights in Islam—have raised pressing questions about the compatibility of Islam and human rights; the status of women, non-Muslims, and religious freedom in Islamic declarations; the nature of contemporary Islamic international law; and the implications of differences between Western and Islamic formulations for the universality of human rights. These questions are the subject of this chapter.
Thomas Banchoff (ed.)
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195323405
- eISBN:
- 9780199869237
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195323405.001.0001
- Subject:
- Religion, Sikhism
Globalization has spawned more active transnational religious communities, creating a powerful force in world affairs. This book explores the patterns of cooperation and conflict that mark this new ...
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Globalization has spawned more active transnational religious communities, creating a powerful force in world affairs. This book explores the patterns of cooperation and conflict that mark this new religious pluralism. Shifting religious identities have encouraged interreligious dialogue and greater political engagement around global challenges, including international development, conflict resolution, transitional justice, and bioethics. At the same time, interreligious competition has contributed to political conflict and running controversy over the meaning and scope of religious freedom. In this volume, leading scholars from a variety of disciplines examine how the forces of religious pluralism and globalization are playing out on the world stage.Less
Globalization has spawned more active transnational religious communities, creating a powerful force in world affairs. This book explores the patterns of cooperation and conflict that mark this new religious pluralism. Shifting religious identities have encouraged interreligious dialogue and greater political engagement around global challenges, including international development, conflict resolution, transitional justice, and bioethics. At the same time, interreligious competition has contributed to political conflict and running controversy over the meaning and scope of religious freedom. In this volume, leading scholars from a variety of disciplines examine how the forces of religious pluralism and globalization are playing out on the world stage.
Elizabeth Shakman Hurd
- Published in print:
- 2015
- Published Online:
- October 2017
- ISBN:
- 9780691166094
- eISBN:
- 9781400873814
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691166094.003.0003
- Subject:
- Political Science, International Relations and Politics
This chapter develops three interrelated claims about the politics of governing social difference through religious rights and freedoms. First, conceiving and governing social difference through ...
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This chapter develops three interrelated claims about the politics of governing social difference through religious rights and freedoms. First, conceiving and governing social difference through religious rights singles out individuals and groups for legal protection as religious individuals and collectivities. Second, governing through religious rights shapes how states and other political authorities distinguish groups from each other, often in law. Third, contemporary international religious freedom advocacy emphasizes belief as the core of religion. The chapter unfolds in three parts, each elaborating on various aspects of these claims through a combination of empirical illustrations and theoretical discussion. The first section on the global political production of religious difference draws on an extended discussion of the Rohingya in Myanmar. The second section on the creation of a landscape populated by faith communities and the effects on those excluded from such designations incorporates examples from the Central African Republic, Guatemala, India, and South Sudan. A final section on the mutually supportive relations between religious freedom advocacy, the creation of a believing religious subject, and the ideology of the free religious marketplace builds on the work of anthropologists and religious studies scholars who complicate the notion of belief as the core of religion.Less
This chapter develops three interrelated claims about the politics of governing social difference through religious rights and freedoms. First, conceiving and governing social difference through religious rights singles out individuals and groups for legal protection as religious individuals and collectivities. Second, governing through religious rights shapes how states and other political authorities distinguish groups from each other, often in law. Third, contemporary international religious freedom advocacy emphasizes belief as the core of religion. The chapter unfolds in three parts, each elaborating on various aspects of these claims through a combination of empirical illustrations and theoretical discussion. The first section on the global political production of religious difference draws on an extended discussion of the Rohingya in Myanmar. The second section on the creation of a landscape populated by faith communities and the effects on those excluded from such designations incorporates examples from the Central African Republic, Guatemala, India, and South Sudan. A final section on the mutually supportive relations between religious freedom advocacy, the creation of a believing religious subject, and the ideology of the free religious marketplace builds on the work of anthropologists and religious studies scholars who complicate the notion of belief as the core of religion.
Kristine Kalanges
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199859467
- eISBN:
- 9780199933518
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199859467.003.0001
- Subject:
- Law, Public International Law, Comparative Law
This introductory chapter discusses first, the relationship between religious liberty and human rights; and second, the global resurgence of religion and its significance for contemporary ...
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This introductory chapter discusses first, the relationship between religious liberty and human rights; and second, the global resurgence of religion and its significance for contemporary international law and politics. Religious liberty rights merit special attention in part because they are closely correlated with the observance of other human rights. This connection assumes even greater significance in view of the second point, namely, that the world is experiencing a religious resurgence with profound implications for contemporary international relations. To be more precise, it is not so much that greater numbers of people are religious but rather that their religiosity has acquired new theoretical and empirical salience for international law and politics.Less
This introductory chapter discusses first, the relationship between religious liberty and human rights; and second, the global resurgence of religion and its significance for contemporary international law and politics. Religious liberty rights merit special attention in part because they are closely correlated with the observance of other human rights. This connection assumes even greater significance in view of the second point, namely, that the world is experiencing a religious resurgence with profound implications for contemporary international relations. To be more precise, it is not so much that greater numbers of people are religious but rather that their religiosity has acquired new theoretical and empirical salience for international law and politics.
Kristine Kalanges
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199859467
- eISBN:
- 9780199933518
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199859467.003.0004
- Subject:
- Law, Public International Law, Comparative Law
Understanding the law and politics of religious freedom in the Muslim world first requires knowledge of the teachings and traditions of Islam, as well as their significance for Muslim followers. This ...
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Understanding the law and politics of religious freedom in the Muslim world first requires knowledge of the teachings and traditions of Islam, as well as their significance for Muslim followers. This chapter begins with a brief overview of the principles of Islamic law. It then discusses freedom of religion in Islamic law, covering the rights of religious minorities and apostasy and Islam. This is followed by a discussion of religious liberty and Islamic reformation.Less
Understanding the law and politics of religious freedom in the Muslim world first requires knowledge of the teachings and traditions of Islam, as well as their significance for Muslim followers. This chapter begins with a brief overview of the principles of Islamic law. It then discusses freedom of religion in Islamic law, covering the rights of religious minorities and apostasy and Islam. This is followed by a discussion of religious liberty and Islamic reformation.
Kristine Kalanges
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199859467
- eISBN:
- 9780199933518
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199859467.003.0007
- Subject:
- Law, Public International Law, Comparative Law
This chapter presents some concluding thoughts about Islamic law and religious freedom. Religious freedom, a crucial aspect of human dignity, is inherently worthy of protection. Moreover, its ...
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This chapter presents some concluding thoughts about Islamic law and religious freedom. Religious freedom, a crucial aspect of human dignity, is inherently worthy of protection. Moreover, its interdependence with other human rights arguably makes it the linchpin of international human rights law. Muslim reformers are working to infuse their legal, cultural, and political traditions with robust and resonant defenses of religious liberty. It is necessary for Western intellectuals, working in part from within Jewish and Christian traditions, to do the same. If religious liberty is to be secured, if sustainable pluralism of diverse peoples is to be achieved, a theological jurisprudence rooted in love of God and love of neighbor and informed by reason will be required. This is the calling of a world legal tradition.Less
This chapter presents some concluding thoughts about Islamic law and religious freedom. Religious freedom, a crucial aspect of human dignity, is inherently worthy of protection. Moreover, its interdependence with other human rights arguably makes it the linchpin of international human rights law. Muslim reformers are working to infuse their legal, cultural, and political traditions with robust and resonant defenses of religious liberty. It is necessary for Western intellectuals, working in part from within Jewish and Christian traditions, to do the same. If religious liberty is to be secured, if sustainable pluralism of diverse peoples is to be achieved, a theological jurisprudence rooted in love of God and love of neighbor and informed by reason will be required. This is the calling of a world legal tradition.
Allen D. Hertzke
- Published in print:
- 2009
- Published Online:
- January 2009
- ISBN:
- 9780195374360
- eISBN:
- 9780199871902
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195374360.003.0005
- Subject:
- Religion, Religion and Society
This chapter describes the most important human rights story since the end of the Cold War, the growth in the U.S. of a broad movement for international human rights that draws in evangelicals, ...
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This chapter describes the most important human rights story since the end of the Cold War, the growth in the U.S. of a broad movement for international human rights that draws in evangelicals, Catholics, Jews, Buddhists, Baha’is, African-Americans, and feminists. This movement has pushed successfully for legislation and active policy on international religious freedom, Sudan, sexual trafficking, debt forgiveness, AIDS, and North Korea. Despite its repeated successes, it has often been ignored by journalists, or else its programs and personnel have been misstated, so that the broadest coalition in foreign policy is sometimes reduced to the purported politics of the “Christian right.” The result is that this major evolution in American human rights concerns and in U.S. foreign policy has been missed or misunderstood.Less
This chapter describes the most important human rights story since the end of the Cold War, the growth in the U.S. of a broad movement for international human rights that draws in evangelicals, Catholics, Jews, Buddhists, Baha’is, African-Americans, and feminists. This movement has pushed successfully for legislation and active policy on international religious freedom, Sudan, sexual trafficking, debt forgiveness, AIDS, and North Korea. Despite its repeated successes, it has often been ignored by journalists, or else its programs and personnel have been misstated, so that the broadest coalition in foreign policy is sometimes reduced to the purported politics of the “Christian right.” The result is that this major evolution in American human rights concerns and in U.S. foreign policy has been missed or misunderstood.
Elizabeth Shakman Hurd
- Published in print:
- 2015
- Published Online:
- October 2017
- ISBN:
- 9780691166094
- eISBN:
- 9781400873814
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691166094.003.0001
- Subject:
- Political Science, International Relations and Politics
This introductory chapter provides an overview of the book's main themes. This book considers the history of state efforts to define and shape forms of religiosity that are understood to be conducive ...
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This introductory chapter provides an overview of the book's main themes. This book considers the history of state efforts to define and shape forms of religiosity that are understood to be conducive to particular regimes of governance. It offers a focused discussion that brings together several questions and concerns that have not been considered together before to develop three related arguments about these political projects and the fields in which they are deployed. First, it shows how particular constructs of religious freedom, religious tolerance, and the rights of religious minorities are being packaged into political projects and delivered around the world by states and others. Second, it contributes to the literature on religion and international relations by historicizing and politicizing the attempt over the past two decades to incorporate a concern for religion into the study and practice of global politics. Third, the book embeds the study of religion and politics in a series of broader social and interpretive fields by exploring the relation between these international projects and the social, religious, and political contexts in which they are deployed.Less
This introductory chapter provides an overview of the book's main themes. This book considers the history of state efforts to define and shape forms of religiosity that are understood to be conducive to particular regimes of governance. It offers a focused discussion that brings together several questions and concerns that have not been considered together before to develop three related arguments about these political projects and the fields in which they are deployed. First, it shows how particular constructs of religious freedom, religious tolerance, and the rights of religious minorities are being packaged into political projects and delivered around the world by states and others. Second, it contributes to the literature on religion and international relations by historicizing and politicizing the attempt over the past two decades to incorporate a concern for religion into the study and practice of global politics. Third, the book embeds the study of religion and politics in a series of broader social and interpretive fields by exploring the relation between these international projects and the social, religious, and political contexts in which they are deployed.
Elizabeth Shakman Hurd
- Published in print:
- 2015
- Published Online:
- October 2017
- ISBN:
- 9780691166094
- eISBN:
- 9781400873814
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691166094.003.0005
- Subject:
- Political Science, International Relations and Politics
This chapter explores the implications of adopting religion as a category to draw together individuals and communities as corporate bodies that are depicted as in need of legal protection to achieve ...
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This chapter explores the implications of adopting religion as a category to draw together individuals and communities as corporate bodies that are depicted as in need of legal protection to achieve their freedom. It draws on an extended case study of the Alevis in Turkey. Ongoing uncertainty about the legal and religious status of the Alevis opens a space in which to explore claims to the category of religious minority, constructs of religious freedom, and the implications of contemporary legal approaches to managing religious difference. The chapter begins with a short introduction to the Alevis, a social group that was formally constituted as a single community relatively recently as part of the Turkish nation-building project. It then evaluates two legal definitions of Alevism by the Turkish state and the European Court of Human Rights. These distinct institutional contexts produce different constructions of Alevism with significant legal and political implications for arbitrating major social issues in Turkey, such as who is a Muslim, who is a minority, and what is religion.Less
This chapter explores the implications of adopting religion as a category to draw together individuals and communities as corporate bodies that are depicted as in need of legal protection to achieve their freedom. It draws on an extended case study of the Alevis in Turkey. Ongoing uncertainty about the legal and religious status of the Alevis opens a space in which to explore claims to the category of religious minority, constructs of religious freedom, and the implications of contemporary legal approaches to managing religious difference. The chapter begins with a short introduction to the Alevis, a social group that was formally constituted as a single community relatively recently as part of the Turkish nation-building project. It then evaluates two legal definitions of Alevism by the Turkish state and the European Court of Human Rights. These distinct institutional contexts produce different constructions of Alevism with significant legal and political implications for arbitrating major social issues in Turkey, such as who is a Muslim, who is a minority, and what is religion.
Rex Ahdar and Ian Leigh
- Published in print:
- 2005
- Published Online:
- January 2010
- ISBN:
- 9780199253623
- eISBN:
- 9780191719769
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199253623.001.0001
- Subject:
- Law, Human Rights and Immigration
There is a growing recognition of the challenge that religions pose for pluralist, multicultural democracies. ‘Fundamentalist’ beliefs and practices test the limits of religious freedom, and seem to ...
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There is a growing recognition of the challenge that religions pose for pluralist, multicultural democracies. ‘Fundamentalist’ beliefs and practices test the limits of religious freedom, and seem to contradict the very basis on which liberal states protect religious liberty. Religions, moreover, are often associated with intolerance and persecution, yet insist upon religious liberty for themselves. This book inverts these stereotypes by presenting a sustained critique of how religious liberty ought to be understood in liberal legal systems and develops an alternative, Christian response. The prevailing liberal approach to religious freedom is compared with historic and contemporary understandings developed by Christian theorists, and an alternative principled basis for religious liberty, from a distinctively Christian position, is developed. The variety of stances the liberal state may take towards organised religions are analysed, and the nature of the guarantees for religious freedom in domestic and international law is explained. The difficult question of precisely when and how far religious liberty should be limited is also considered. This book also deals with concrete contemporary controversies involving the recognition and protection of religious beliefs and conduct, looking at issues such as family and parenting, medical treatment, education, employment, religious group autonomy, and freedom of expression and protest. Extensive reference is made throughout the analysis to UK law and the European Convention on Human Rights, as well as the laws of other jurisdictions such as the US, Canada, South Africa, Australia, and New Zealand.Less
There is a growing recognition of the challenge that religions pose for pluralist, multicultural democracies. ‘Fundamentalist’ beliefs and practices test the limits of religious freedom, and seem to contradict the very basis on which liberal states protect religious liberty. Religions, moreover, are often associated with intolerance and persecution, yet insist upon religious liberty for themselves. This book inverts these stereotypes by presenting a sustained critique of how religious liberty ought to be understood in liberal legal systems and develops an alternative, Christian response. The prevailing liberal approach to religious freedom is compared with historic and contemporary understandings developed by Christian theorists, and an alternative principled basis for religious liberty, from a distinctively Christian position, is developed. The variety of stances the liberal state may take towards organised religions are analysed, and the nature of the guarantees for religious freedom in domestic and international law is explained. The difficult question of precisely when and how far religious liberty should be limited is also considered. This book also deals with concrete contemporary controversies involving the recognition and protection of religious beliefs and conduct, looking at issues such as family and parenting, medical treatment, education, employment, religious group autonomy, and freedom of expression and protest. Extensive reference is made throughout the analysis to UK law and the European Convention on Human Rights, as well as the laws of other jurisdictions such as the US, Canada, South Africa, Australia, and New Zealand.
