Religion and the Exercise of Public Authority

Religion and the Exercise of Public Authority PDF

Author: Benjamin L. Berger

Publisher:

Published: 2016

Total Pages:

ISBN-13: 9781509906499

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Introduction : religious neutrality and the exercise of public authority / Richard Moon and Benjamin L Berger -- The meaning and entailment of the religious neutrality of the state : the case of public employees / Jocelyn Maclure -- Against circumspection : judges, religious symbols, and signs of moral independence / Benjamin L Berger -- Religious lawyering and legal ethics / Faisal Bhabha -- Managing and imagining religion in Canada from the top and the bottom : 15 years after / Paul Bramadat -- God keep our land : the legal ritual of the McKenna-McBride Royal Commission, 1913-16 / Pamela E Klassen -- In/visible religion in public institutions : Canadian Muslim public servants / Amélie Barras, Jennifer A Selby, and Lori G Beaman -- The prayer case saga in canada : an expert insider? : perspective on praying in the political and public arenas / Solange Lefebvre -- Physicians' rights to conscientious objection / Bruce Ryder -- Conscientious objections by civil servants : the case of marriage commissioners and same-sex civil marriages / Richard Moon -- A freedom of religion-based argument against religious schools / Daniel M Weinstock -- "Open house/portes ouvertes" : classrooms as sites of interfaith interface / Shauna Van Praagh

Religion and the Exercise of Public Authority

Religion and the Exercise of Public Authority PDF

Author: Benjamin L Berger

Publisher: Bloomsbury Publishing

Published: 2016-06-16

Total Pages: 302

ISBN-13: 1509906479

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In the burgeoning literature on law and religion, scholarly attention has tended to focus on broad questions concerning the scope of religious freedom, the nature of toleration and the meaning of secularism. An under-examined issue is how religion figures in the decisions, actions and experiences of those charged with performing public duties. This point of contact between religion and public authority has generated a range of legal and political controversies around issues such as the wearing of religious symbols by public officials, prayer at municipal government meetings, religious education and conscientious objection by public servants. Authored by scholars from a variety of disciplines, the chapters in this volume provide insight into these and other issues. Yet the volume also provides an entry point into a deeper examination of the concepts that are often used to organise and manage religious diversity, notably state neutrality. By examining the exercise of public authority by individuals who are religiously committed – or who, in the discharge of their public responsibilities, must account for those who are – this volume exposes the assumptions about legal and political life that underlie the concept of state neutrality and reveals its limits as a governing ideal.

Religion and the Law

Religion and the Law PDF

Author: Elizabeth Eddy

Publisher: Routledge

Published: 2017-07-05

Total Pages: 127

ISBN-13: 1351493876

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There are few issues as controversial as where to draw the line between church and state. The framers of the Constitution's Bill of Rights began their blueprint for freedom by drawing exactly such a line. Th e fi rst clauses of the First Amendment provide: "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof." Th e justices of the Supreme Court have not been wanting for advice from self-appointed guardians. Th e diffi culty with such advice is that the contestants are more convincing when they criticize their opponents' interpretations than when they seek to establish the validity of their own.

Religious Expression and the American Constitution

Religious Expression and the American Constitution PDF

Author: Franklyn S. Haiman

Publisher: MSU Press

Published: 2003-10-31

Total Pages: 272

ISBN-13: 0870139231

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First Amendment rights have been among the most fiercely debated topics in the aftermath of 9/11. In the current environment and fervor for “homeland security,” personal freedoms in exchange for security are coming under more scrutiny. Among these guaranteed freedoms are the protection of religious expression given by the U.S. Constitution and the constitutional prohibitions against behaviors that violate the separation of church and state. The mandate that the government “shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” is a general principle that has guided American courts in interpreting the original intent of the First Amendment. In Religious Expression and the American Constitution, Haiman focuses on the current state of American law with respect to a broad range of controversial issues affecting religious expression, both verbal and nonverbal, along with a review of the recent history of each issue to provide a full understanding.

A Delicate Balance

A Delicate Balance PDF

Author: Martha M. McCarthy

Publisher:

Published: 1983

Total Pages: 200

ISBN-13:

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Focusing on current legal issues in church, state, and school relations, this book examines four critical areas in the controversies surrounding the respective rights of public education and religious education; it then addresses the issues of state aid to and governmental regulation of parochial schools. Court opinions about religious observances and activities in public schools include decisions regarding Bible reading and prayer, the uses of religious holidays and symbols, the religious content of graduation exercises, and the distribution of religious literature in public schools. The author further examines the judicial balancing between the constitutional protections of religious exercise and the government's requirements for compulsory schooling and mandated areas of curriculum. The legal challenges offered to public school curricula are also analyzed, including efforts to introduce the teaching of creationism and to censor instructional materials in public schools. Finally, the book addresses the problems in the relationship of the states and parochial schools by noting the judicial interpretations (both federal and state) regarding the various forms of aid to parochial schools--transportation aid, loans for services, tax relief for parents of parochial school students--and discusses the lawsuits and decisions relevant to the question of the state's authority to regulate parochial schools and home education programs. (JW)

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