Michael D. McNally
- Published in print:
- 2020
- Published Online:
- September 2020
- ISBN:
- 9780691190907
- eISBN:
- 9780691201511
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691190907.003.0004
- Subject:
- Society and Culture, Native American Studies
This chapter examines the failure in the courts of Native appeals to religious freedom protections for sacred lands, and it extends the previous chapter's analysis of the reception of Native claims ...
More
This chapter examines the failure in the courts of Native appeals to religious freedom protections for sacred lands, and it extends the previous chapter's analysis of the reception of Native claims to religion as religion. Where a religious claim conforms to the subjective, interior spirituality that has become naturalized in the United States, it has worked reasonably well in the courts. This is emphatically not the case where claims involve religious relationships with, uses of, and obligations to, land. The chapter explains how courts reason their way out of taking steps to protect Native American religious freedom when sacred places are threatened, a puzzling matter in that courts consistently acknowledge the sincerity of the religious beliefs and practices associated with those sacred places. Along the way the chapter develops a fuller sense of the workings of the discourse of Native American spirituality as it comes to control judicial comprehension of Native religious freedom claims.Less
This chapter examines the failure in the courts of Native appeals to religious freedom protections for sacred lands, and it extends the previous chapter's analysis of the reception of Native claims to religion as religion. Where a religious claim conforms to the subjective, interior spirituality that has become naturalized in the United States, it has worked reasonably well in the courts. This is emphatically not the case where claims involve religious relationships with, uses of, and obligations to, land. The chapter explains how courts reason their way out of taking steps to protect Native American religious freedom when sacred places are threatened, a puzzling matter in that courts consistently acknowledge the sincerity of the religious beliefs and practices associated with those sacred places. Along the way the chapter develops a fuller sense of the workings of the discourse of Native American spirituality as it comes to control judicial comprehension of Native religious freedom claims.
Elizabeth Shakman Hurd
- Published in print:
- 2015
- Published Online:
- October 2017
- ISBN:
- 9780691166094
- eISBN:
- 9781400873814
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691166094.001.0001
- Subject:
- Political Science, International Relations and Politics
In recent years, North American and European nations have sought to legally remake religion in other countries through an unprecedented array of international initiatives. Policymakers have rallied ...
More
In recent years, North American and European nations have sought to legally remake religion in other countries through an unprecedented array of international initiatives. Policymakers have rallied around the notion that the fostering of religious freedom, interfaith dialogue, religious tolerance, and protections for religious minorities are the keys to combating persecution and discrimination. This book argues that these initiatives create the very social tensions and divisions they are meant to overcome. It looks at three critical channels of state-sponsored intervention: international religious freedom advocacy, development assistance and nation building, and international law. It shows how these initiatives make religious difference a matter of law, resulting in a divide that favors forms of religion authorized by those in power and excludes other ways of being and belonging. In exploring the dizzying power dynamics and blurred boundaries that characterize relations between “expert religion,” “governed religion,” and “lived religion,” the book charts new territory in the study of religion in global politics. The book provides new insights into today's most pressing dilemmas of power, difference, and governance.Less
In recent years, North American and European nations have sought to legally remake religion in other countries through an unprecedented array of international initiatives. Policymakers have rallied around the notion that the fostering of religious freedom, interfaith dialogue, religious tolerance, and protections for religious minorities are the keys to combating persecution and discrimination. This book argues that these initiatives create the very social tensions and divisions they are meant to overcome. It looks at three critical channels of state-sponsored intervention: international religious freedom advocacy, development assistance and nation building, and international law. It shows how these initiatives make religious difference a matter of law, resulting in a divide that favors forms of religion authorized by those in power and excludes other ways of being and belonging. In exploring the dizzying power dynamics and blurred boundaries that characterize relations between “expert religion,” “governed religion,” and “lived religion,” the book charts new territory in the study of religion in global politics. The book provides new insights into today's most pressing dilemmas of power, difference, and governance.
Tobias Lock
- Published in print:
- 2019
- Published Online:
- March 2021
- ISBN:
- 9780198794561
- eISBN:
- 9780191927874
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198759393.003.543
- Subject:
- Law, EU Law
Article 22 CFR aims to ensure the diversity of the Union and complements other provisions of the Charter and the Treaties pursuing similar objectives. Cultural and linguistic diversity are among ...
More
Article 22 CFR aims to ensure the diversity of the Union and complements other provisions of the Charter and the Treaties pursuing similar objectives. Cultural and linguistic diversity are among the core values of the EU mentioned in Article 3(3) TEU. Cultural diversity finds further expression in primary law in Article 167(1) and (4) TFEU; and linguistic diversity in the right to address the EU institutions in any one of the EU’s official languages in Article 41(4) CFR as well as in Article 21 CFR, which prohibits discrimination on the basis of language. Moreover, the Union’s commitment to religious diversity is reflected in Article 17 TFEU protecting the status of churches, religious, philosophical, and non-confessional organizations and communities as well as in Article 10 CFR protecting freedom of religion and belief.
Less
Article 22 CFR aims to ensure the diversity of the Union and complements other provisions of the Charter and the Treaties pursuing similar objectives. Cultural and linguistic diversity are among the core values of the EU mentioned in Article 3(3) TEU. Cultural diversity finds further expression in primary law in Article 167(1) and (4) TFEU; and linguistic diversity in the right to address the EU institutions in any one of the EU’s official languages in Article 41(4) CFR as well as in Article 21 CFR, which prohibits discrimination on the basis of language. Moreover, the Union’s commitment to religious diversity is reflected in Article 17 TFEU protecting the status of churches, religious, philosophical, and non-confessional organizations and communities as well as in Article 10 CFR protecting freedom of religion and belief.
