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Religion, Education and Human Rights: Theoretical and Empirical Perspectives (Religion and Human Rights #1)

by Anders Sjöborg Hans-Georg Ziebertz

This book examines the interconnectedness between religion, education, and human rights from an international perspective using an interdisciplinary approach. It deals with compulsory or secondary school education in different contexts, as well as higher education, and has as its common theme the multiplicity of secularisms in different national contexts. Presenting rich cases, the contributions include empirical and theoretical perspectives on how international trends of migration and cultural diversity, as well as judicialization of social and political processes, and rapid religious and social changes come into play as societies find their way in an increasingly diverse context. The book contains chapters that present case studies on how confessional or non-confessional Religious Education (RE) at schools in different societal contexts is related to the concept of universal human rights. It presents cases studies that display an intriguing array of problems that point to the role of religion in the public sphere and show that historical contexts play important and different roles. Other contributions deal with higher education, where one questions how human rights as a concept and as discourse is taught and examines whether withdrawing from certain clinical training when in university education to become a medical doctor or a midwife on the grounds of conscientious objections can be claimed as a human right. From a judicial point of view one chapter discerns the construction of the concept of religion in the Swedish Education Act, in relation to the Swedish constitution as well European legislation. Finally, an empirical study comparing data from young people in six different countries in three continents investigates factors that explain attitudes towards human rights.

Religion, Equality and Employment in Europe: The Case for Reasonable Accommodation

by Dr Katayoun Alidadi

The management of religious and ideological diversity remains a key challenge of our time – deeply entangled with debates about the nature of liberal democracy, equality, social cohesion, minorities and nationalism, security and foreign policy. This book explores this challenge at the level of the workplace in Europe. People do not surrender their religion of belief at the gates of their workplace, nor should they be required to do so. But what are the limits of accommodating religious belief in the workplace, particularly when it clashes with other fundamental rights and freedoms?Using a comparative and socio-legal approach that emphasises the practical role of human rights, anti-discrimination law and employment protection, this book argues for an enforceable right to reasonable accommodation on the grounds of religion and belief in the workplace in Europe. In so doing, it draws on the case law of Europe's two supranational courts, three country studies –Belgium, the Netherlands and the UK – as well as developments in the US and Canada. By offering the first book-length treatment of the issue, it will be of significance to academics, students, policy-makers, business leaders and anyone interested in a deeper understanding of the potentials and limits of European and Western inclusion, freedom and equality in a multicultural context.Awarded an honourable mention from the International Academy of Comparative Law for the 2018 Canada Prize!

Religion, Equality and Employment in Europe: The Case for Reasonable Accommodation

by Katayoun Alidadi

The management of religious and ideological diversity remains a key challenge of our time – deeply entangled with debates about the nature of liberal democracy, equality, social cohesion, minorities and nationalism, security and foreign policy. This book explores this challenge at the level of the workplace in Europe. People do not surrender their religion of belief at the gates of their workplace, nor should they be required to do so. But what are the limits of accommodating religious belief in the workplace, particularly when it clashes with other fundamental rights and freedoms?Using a comparative and socio-legal approach that emphasises the practical role of human rights, anti-discrimination law and employment protection, this book argues for an enforceable right to reasonable accommodation on the grounds of religion and belief in the workplace in Europe. In so doing, it draws on the case law of Europe's two supranational courts, three country studies –Belgium, the Netherlands and the UK – as well as developments in the US and Canada. By offering the first book-length treatment of the issue, it will be of significance to academics, students, policy-makers, business leaders and anyone interested in a deeper understanding of the potentials and limits of European and Western inclusion, freedom and equality in a multicultural context.

Religion, Ethik und Politik: Auf der Suche nach der guten Ordnung (Politik und Religion)


Der Band widmet sich den Spezifika des Verhältnisses zwischen Religion, Ethik und Politik in der modernen Gesellschaft. Die versammelten Beiträge klären insbesondere, welche inhaltlichen Verbindungen und institutionellen Trennlinien der (säkulare) demokratische Rechtsstaat erlaubt bzw. auch verlangt. Ob die Politik dabei ihre eigene „Moral“ ausbilden muss, weil die ethische und religiöse Kardinalfrage nach dem „guten“ Leben ihren Bereich überfordert, wird anhand von zahlreichen aktuellen religionspolitischen Problemkreisen erörtert.Der InhaltReligion und „gute“ Politik • Religion in der „säkularen“ Demokratie • Empirische Anwendungsfälle und praktische Streitfragen Die HerausgebendenDr. Stefanie Hammer ist Politikwissenschaftlerin in Erfurt.Dr. Oliver Hidalgo ist Akademischer Oberrat a.Z. am Institut für Politikwissenschaft der WWU Münster und apl. Professor für Politikwissenschaft an der Universität Regensburg.

Religion, Faith and Crime: Theories, Identities and Issues

by Kim Sadique Perry Stanislas

This unique collection brings together international contributors from a range of disciplines to explore crime and responses to crime through a religious/faith-based lens. At a time when religion is under the media spotlight in terms of religiously-motivated hate crime, terrorism and child abuse this book provides an important platform for academic debate. It examines these and other key issues including: faith as a coping strategy, religion as a motivating factor and the role of religion and morality in shaping criminal justice responses. This collection clearly places religion/faith at the heart of criminological enquiry and illustrates its relevance in addressing wider social issues and would be of benefit to students and academics researching or studying in these areas. It will also be of interest to community and criminal justice practitioners and those with an interest in community engagement and multi-faith work.

Religion, Feminism, and Idoloclasm: Being and Becoming in the Women's Liberation Movement (Gender, Theology and Spirituality)

by Melissa Raphael

Religion, Feminism, and Idoloclasm identifies religious and secular feminism’s common critical moment as that of idol-breaking. It reads the women’s liberation movement as founded upon a philosophically and emotionally risky attempt to liberate women’s consciousness from a three-fold cognitive captivity to the self-idolizing god called ‘Man’; the ‘God’ who is a projection of his power, and the idol of the feminine called ‘Woman’ that the god-called-God created for ‘Man’. Examining a period of feminist theory, theology, and culture from about 1965 to 2010, this book shows that secular, as well as Christian, Jewish, and post-Christian feminists drew on ancient and modern tropes of redemption from slavery to idols or false ideas as a means of overcoming the alienation of women’s being from their own becoming. With an understanding of feminist theology as a pivotal contribution to the feminist criticism of culture, this original book also examines idoloclasm in feminist visual art, literature, direct action, and theory, not least that of the sexual politics of romantic love, the diet and beauty industry, sex robots, and other phenomena whose idolization of women reduces them to figures of the feminine same, experienced as a de-realization or death of the self. This book demonstrates that secular and religious feminist critical engagements with the modern trauma of dehumanization were far more closely related than is often supposed. As such, it will be vital reading for scholars in theology, religious studies, gender studies, visual studies, and philosophy.

Religion, Feminism, and Idoloclasm: Being and Becoming in the Women's Liberation Movement (Gender, Theology and Spirituality)

by Melissa Raphael

Religion, Feminism, and Idoloclasm identifies religious and secular feminism’s common critical moment as that of idol-breaking. It reads the women’s liberation movement as founded upon a philosophically and emotionally risky attempt to liberate women’s consciousness from a three-fold cognitive captivity to the self-idolizing god called ‘Man’; the ‘God’ who is a projection of his power, and the idol of the feminine called ‘Woman’ that the god-called-God created for ‘Man’. Examining a period of feminist theory, theology, and culture from about 1965 to 2010, this book shows that secular, as well as Christian, Jewish, and post-Christian feminists drew on ancient and modern tropes of redemption from slavery to idols or false ideas as a means of overcoming the alienation of women’s being from their own becoming. With an understanding of feminist theology as a pivotal contribution to the feminist criticism of culture, this original book also examines idoloclasm in feminist visual art, literature, direct action, and theory, not least that of the sexual politics of romantic love, the diet and beauty industry, sex robots, and other phenomena whose idolization of women reduces them to figures of the feminine same, experienced as a de-realization or death of the self. This book demonstrates that secular and religious feminist critical engagements with the modern trauma of dehumanization were far more closely related than is often supposed. As such, it will be vital reading for scholars in theology, religious studies, gender studies, visual studies, and philosophy.

The Religion Guarantees: A Reference Guide to the United States Constitution (Reference Guides to the United States Constitution)

by Peter Rofes

As we enter the 21st century, the United State's highest court remains deeply divided over the fundamental issues concerning the Constitutional law of religious freedom. Because of this chasm, the direction the law will take over the next generation remains uncertain. This book empowers the reader to grasp the issues behind the contemporary Constitutional controversy and delves into such areas as prayer in school, religious displays on public property, and educational choice programs involving religious schools.This reader-friendly overview effectively discusses the burgeoning Constitutional law of American religious liberty in a comprehensive yet concise manner. Rofes details how this issue made its way into the Bill of Rights and explores its two protections—the anti-establishment and free exercise guarantees. The book identifies and examines the range of thorny issues implicated by the anti-establishment protection such as prayer in public schools, religious displays on public property, and financial assistance to religious institutions. It also looks at the variety of contexts in which free exercise rears its head, including: compulsory education, unemployment compensation, and the military. The work concludes with a bibliographic chapter for readers to pursue particular issues in greater depth.

Religion, Human Rights, and the Workplace: Judicial Balancing in the United States Federal Courts and the European Court of Human Rights (ICLARS Series on Law and Religion)

by Gregory Mose

Religious freedom is a fundamental and relatively uncontested right in both the United States and Europe. But other values like equality, justice, and the right to a private life are just as precious. Managing such conflicts has become a highly contested and politicized area of law and nowhere are such conflicts more evident – or more challenging – than those arising in the workplace. By comparing United States Federal Courts’ approach to free exercise in the workplace with that of the European Court of Human Rights, this book explores two very different methodologies for adjudicating rights conflicts. In examining methods and results, case by case, issue by issue and addressing each step of the analytical processes taken by judges, it becomes apparent that the United States has lost its way in the quest for equality and justice. It is argued here that while the European approach has its own flaws, its proportionality approach may offer vital lessons for United States practice. The book will make compelling reading for researchers, academics, and policy-makers working in the areas of law and religion, human rights law, constitutional law, and comparative law.

Religion, Human Rights, and the Workplace: Judicial Balancing in the United States Federal Courts and the European Court of Human Rights (ICLARS Series on Law and Religion)

by Gregory Mose

Religious freedom is a fundamental and relatively uncontested right in both the United States and Europe. But other values like equality, justice, and the right to a private life are just as precious. Managing such conflicts has become a highly contested and politicized area of law and nowhere are such conflicts more evident – or more challenging – than those arising in the workplace. By comparing United States Federal Courts’ approach to free exercise in the workplace with that of the European Court of Human Rights, this book explores two very different methodologies for adjudicating rights conflicts. In examining methods and results, case by case, issue by issue and addressing each step of the analytical processes taken by judges, it becomes apparent that the United States has lost its way in the quest for equality and justice. It is argued here that while the European approach has its own flaws, its proportionality approach may offer vital lessons for United States practice. The book will make compelling reading for researchers, academics, and policy-makers working in the areas of law and religion, human rights law, constitutional law, and comparative law.

Religion in Environmental and Climate Change: Suffering, Values, Lifestyles

by Dieter Gerten Sigurd Bergmann

Climate change and other global environmental changes deserve attention by the the humanities - they are caused mainly by human attitudes and activities and feed back to human societies. Focussing on religion allows for analysis of various human modes of perception, action and thought in relation to global environmental change. On the one hand, religious organizations are aiming to become "greener"; on the other hand, some religious ideas and practices display fatalism towards impacts of climate change. What might be the fate of different religions in an ever-warming world? This book gathers recent research on functions of religion in climate change from theological, ethical, philosophical, anthropological, historical and earth system analytical perspectives. Charting the spread from regional case studies to global-scale syntheses, the authors demonstrate that world religions and indigenous belief systems are already responding in highly dynamic ways to ongoing and projected climate changes - in theory and practice, for better or for worse. The book establishes the research field "religion in climate change" and identifies avenues for future research across disciplines.

Religion in Environmental and Climate Change: Suffering, Values, Lifestyles

by Dieter Gerten Sigurd Bergmann

Climate change and other global environmental changes deserve attention by the the humanities - they are caused mainly by human attitudes and activities and feed back to human societies. Focussing on religion allows for analysis of various human modes of perception, action and thought in relation to global environmental change. On the one hand, religious organizations are aiming to become "greener"; on the other hand, some religious ideas and practices display fatalism towards impacts of climate change. What might be the fate of different religions in an ever-warming world? This book gathers recent research on functions of religion in climate change from theological, ethical, philosophical, anthropological, historical and earth system analytical perspectives. Charting the spread from regional case studies to global-scale syntheses, the authors demonstrate that world religions and indigenous belief systems are already responding in highly dynamic ways to ongoing and projected climate changes - in theory and practice, for better or for worse. The book establishes the research field "religion in climate change" and identifies avenues for future research across disciplines.

Religion in Gender-Based Violence, Immigration, and Human Rights (Routledge Studies in Religion)

by Mary Nyangweso Jacob K. Olupona

This book builds on work that examines the interactions between immigration and gender-based violence, to explore how both the justification and condemnation of violence in the name of religion further complicates our societal relationships. Violence has been described as a universal challenge that is rooted in the social formation process. As humans seek to exert power on the other, conflict occurs. Gender based violence, immigration, and religious values have often intersected where patriarchy-based power is exerted on the other. An international panel of contributors take a multidisciplinary approach to investigating three central themes. Firstly, the intersection between religion, immigration, domestic violence, and human rights. Secondly, the possibility of collaboration between various social units for the protection of immigrants’ human rights. Finally, the need to integrate faith-based initiatives and religious leaders into efforts to transform attitude formation and general social behavior. This is a wide-ranging and multi-layered examination of the role of religion in gender-based violence and immigration. As such, it will be of keen interest to academics working in religious studies, gender studies, politics, and ethics.

Religion in Gender-Based Violence, Immigration, and Human Rights (Routledge Studies in Religion)

by Mary Nyangweso Jacob K. Olupona

This book builds on work that examines the interactions between immigration and gender-based violence, to explore how both the justification and condemnation of violence in the name of religion further complicates our societal relationships. Violence has been described as a universal challenge that is rooted in the social formation process. As humans seek to exert power on the other, conflict occurs. Gender based violence, immigration, and religious values have often intersected where patriarchy-based power is exerted on the other. An international panel of contributors take a multidisciplinary approach to investigating three central themes. Firstly, the intersection between religion, immigration, domestic violence, and human rights. Secondly, the possibility of collaboration between various social units for the protection of immigrants’ human rights. Finally, the need to integrate faith-based initiatives and religious leaders into efforts to transform attitude formation and general social behavior. This is a wide-ranging and multi-layered examination of the role of religion in gender-based violence and immigration. As such, it will be of keen interest to academics working in religious studies, gender studies, politics, and ethics.

Religion in the Public Space: Volume III (The Library of Essays on Law and Religion)

by Rinaldo Cristofori Silvio Ferrari

Religion in the public sphere is one of the most debated issues in the field of law and religion. This volume brings together articles which address some of the more prominent recent cases relating to religion and education, religion and the workplace, family law and religious symbols. The essays discuss the meaning of secularism today and the difficult issue of religion in the public sphere and reflect a wide variety of viewpoints. This volume maps the key elements of this multi-faceted problem, offers essential material and provides an important starting point for an understanding of the issues in this century old debate.

Religion in the Public Space: Volume III (The Library of Essays on Law and Religion)

by Silvio Ferrari and Rinaldo Cristofori

Religion in the public sphere is one of the most debated issues in the field of law and religion. This volume brings together articles which address some of the more prominent recent cases relating to religion and education, religion and the workplace, family law and religious symbols. The essays discuss the meaning of secularism today and the difficult issue of religion in the public sphere and reflect a wide variety of viewpoints. This volume maps the key elements of this multi-faceted problem, offers essential material and provides an important starting point for an understanding of the issues in this century old debate.

Religion in the Public Sphere: A Comparative Analysis of German, Israeli, American and International Law (Beiträge zum ausländischen öffentlichen Recht und Völkerrecht #190)

by Winfried Brugger Michael Karayanni

How closely connected should church and state be? May a state endorse the role and meaning of religion at all? Can it treat distinct religious groups differently? This book addresses these questions and more through a portrayal and comparison of the legal systems of Germany, Israel, France, and the United States. This thought-provoking book brings the often opposing demands of religious and secular freedoms into clear focus.

Religion, Law, and Democracy: Selected Writings (Oxford Constitutional Theory)

by Ernst-Wolfgang Böckenförde

Ernst-Wolfgang Böckenförde (1930-2019) was one of Europe's foremost legal scholars and political thinkers. As a scholar of constitutional law and a judge on Germany's Federal Constitutional Court (1983-1996), Böckenförde was a major contributor to contemporary debates in legal and political theory, to the conceptual framework of the modern state and its presuppositions, and to contested political issues such as the constitutional status of the state of emergency, citizenship rights, bioethical politics, and the challenges of European integration. His writings have shaped not only academic but also wider public debates from the 1950s to the present, to an extent that few European scholars can match. As a federal constitutional judge and holder of a trusted public office, Böckenförde has influenced the way academics and citizens think about law and politics. During his tenure on the Court, several path-breaking decisions for the Federal Republic of Germany were handed down, including decisions on the deployment of missiles, the law on political parties, the regulation of abortion, and the process of European integration. This second volume in the first representative edition in English of Böckenförde's writings brings together his essays on religion, law, and democracy. The volume is organized in five sections: I. the Catholic Church and Political Order; II. State and Secularity; III. the Theology of Law and its Relation to Political Theory; IV. Norms and the Principle of Human Dignity; and V. Excerpts from a biographical interview. Sections I, II, III, and IV are preceded by an editors' introduction to the articles as well as running editorial commentary to the work.

Religion, Law, and Democracy: Selected Writings (Oxford Constitutional Theory)

by Ernst-Wolfgang Böckenförde

Ernst-Wolfgang Böckenförde (1930-2019) was one of Europe's foremost legal scholars and political thinkers. As a scholar of constitutional law and a judge on Germany's Federal Constitutional Court (1983-1996), Böckenförde was a major contributor to contemporary debates in legal and political theory, to the conceptual framework of the modern state and its presuppositions, and to contested political issues such as the constitutional status of the state of emergency, citizenship rights, bioethical politics, and the challenges of European integration. His writings have shaped not only academic but also wider public debates from the 1950s to the present, to an extent that few European scholars can match. As a federal constitutional judge and holder of a trusted public office, Böckenförde has influenced the way academics and citizens think about law and politics. During his tenure on the Court, several path-breaking decisions for the Federal Republic of Germany were handed down, including decisions on the deployment of missiles, the law on political parties, the regulation of abortion, and the process of European integration. This second volume in the first representative edition in English of Böckenförde's writings brings together his essays on religion, law, and democracy. The volume is organized in five sections: I. the Catholic Church and Political Order; II. State and Secularity; III. the Theology of Law and its Relation to Political Theory; IV. Norms and the Principle of Human Dignity; and V. Excerpts from a biographical interview. Sections I, II, III, and IV are preceded by an editors' introduction to the articles as well as running editorial commentary to the work.

Religion, Law and the Constitution: Balancing Beliefs in Britain (Law and Religion)

by Javier García Oliva Helen Hall

This book examines the existing constitutional and legal system in England, Wales and Scotland, through the prism of its treatment of religion and belief. The study encompasses questions of Church/state relations, but pushes far beyond these. It asks whether the approach to religion which has spread out from establishment to permeate the whole legal framework is a cause of concern or celebration in relation to individual and collective freedoms. The primary focus of the work is the synergy between the religious dimension of the juridical system and the fundamental pillars of the Constitution (parliamentary sovereignty, the rule of law, separation of powers and human rights). Javier García Oliva and Helen Hall challenge the view that separation between public and religious authorities is the most conducive means of nurturing a free and democratic society in modern Britain. The authors explore whether, counter-intuitively for some, the religious dynamic to the legal system actually operates to safeguard liberties, and has a role in generating an inclusive and adaptable backdrop for our collective life. They suggest that the present paradigm brings benefits for citizens of all shades of religious belief and opinion (including Atheist and Humanist perspectives), as well as secondary advantages for those with profound beliefs on non-religious matters, such as pacifism and veganism. In support of their contentions, García Oliva and Hall examine how the religious dimension of the legal framework operates to further essential constitutional principles in diverse settings, ranging from criminal to family law. In a groundbreaking move, the authors also set the legal discussion alongside its social and cultural context. They consider how the theological perspectives of the larger faith traditions might influence members’ ideas around the key constitutional precepts, and they include extracts from interviews which give the personal perspective of more than 100 individuals on contemporary issues of law and religious freedom. These voices are drawn from a range of fields and positions on faith. While the authors are at pains to stress that these sections do not support or advance their legal or theological conclusions, they do provide readers with a human backdrop to the discussion, and demonstrate its crucial importance in twenty-first century Britain.

Religion, Law and the Constitution: Balancing Beliefs in Britain (Law and Religion)

by Javier García Oliva Helen Hall

This book examines the existing constitutional and legal system in England, Wales and Scotland, through the prism of its treatment of religion and belief. The study encompasses questions of Church/state relations, but pushes far beyond these. It asks whether the approach to religion which has spread out from establishment to permeate the whole legal framework is a cause of concern or celebration in relation to individual and collective freedoms. The primary focus of the work is the synergy between the religious dimension of the juridical system and the fundamental pillars of the Constitution (parliamentary sovereignty, the rule of law, separation of powers and human rights). Javier García Oliva and Helen Hall challenge the view that separation between public and religious authorities is the most conducive means of nurturing a free and democratic society in modern Britain. The authors explore whether, counter-intuitively for some, the religious dynamic to the legal system actually operates to safeguard liberties, and has a role in generating an inclusive and adaptable backdrop for our collective life. They suggest that the present paradigm brings benefits for citizens of all shades of religious belief and opinion (including Atheist and Humanist perspectives), as well as secondary advantages for those with profound beliefs on non-religious matters, such as pacifism and veganism. In support of their contentions, García Oliva and Hall examine how the religious dimension of the legal framework operates to further essential constitutional principles in diverse settings, ranging from criminal to family law. In a groundbreaking move, the authors also set the legal discussion alongside its social and cultural context. They consider how the theological perspectives of the larger faith traditions might influence members’ ideas around the key constitutional precepts, and they include extracts from interviews which give the personal perspective of more than 100 individuals on contemporary issues of law and religious freedom. These voices are drawn from a range of fields and positions on faith. While the authors are at pains to stress that these sections do not support or advance their legal or theological conclusions, they do provide readers with a human backdrop to the discussion, and demonstrate its crucial importance in twenty-first century Britain.

Religion, Law, Politics and the State in Africa: Applying Legal Pluralism in Ghana (ICLARS Series on Law and Religion)

by Seth Tweneboah

Applying a legal pluralist framework, this study examines the complex interrelationships between religion, law and politics in contemporary Ghana, a professedly secular State characterised by high levels of religiosity. It aims to explore legal, cultural and moral tensions created by overlapping loci of authority (state actors, traditional leaders and religious functionaries). It contends that religion can function as an impediment to Ghana’s secularity and also serve as an integral tool for realising the State’s legal ideals and meeting international human rights standards. Using three case studies – legal tensions, child witchcraft accusations and same-sex partnerships – the study illustrates the ways that the entangled and complicated connections between religion and law compound Ghana’s secular orientation. It suggests that legal pluralism is not a mere analytical framework for describing tensions, but ought to be seen as part of the solution. The study contributes to advancing knowledge in the area of the interrelationships between religion and law in contemporary African public domain. This book will be a valuable resource for those working in the areas of Law and Religion, Religious Studies, African Studies, Political Science, Legal Anthropology and Socio-legal Studies.

Religion, Law, Politics and the State in Africa: Applying Legal Pluralism in Ghana (ICLARS Series on Law and Religion)

by Seth Tweneboah

Applying a legal pluralist framework, this study examines the complex interrelationships between religion, law and politics in contemporary Ghana, a professedly secular State characterised by high levels of religiosity. It aims to explore legal, cultural and moral tensions created by overlapping loci of authority (state actors, traditional leaders and religious functionaries). It contends that religion can function as an impediment to Ghana’s secularity and also serve as an integral tool for realising the State’s legal ideals and meeting international human rights standards. Using three case studies – legal tensions, child witchcraft accusations and same-sex partnerships – the study illustrates the ways that the entangled and complicated connections between religion and law compound Ghana’s secular orientation. It suggests that legal pluralism is not a mere analytical framework for describing tensions, but ought to be seen as part of the solution. The study contributes to advancing knowledge in the area of the interrelationships between religion and law in contemporary African public domain. This book will be a valuable resource for those working in the areas of Law and Religion, Religious Studies, African Studies, Political Science, Legal Anthropology and Socio-legal Studies.

Religion, Medicine and the Law (Biomedical Law and Ethics Library)

by Clayton Ó Néill

Is the legal protection that is given to the expression of Abrahamic religious belief adequate or appropriate in the context of English medical law? This is the central question that is explored in this book, which develops a framework to support judges in the resolution of contentious cases that involve dissension between religious belief and medical law, developed from Alan Gewirth’s Principle of Generic Consistency (PGC). This framework is applied to a number of medical law case studies: the principle of double effect, ritual male circumcision, female genital mutilation, Jehovah’s Witnesses (adults and children) who refuse blood transfusions, and conscientious objection of healthcare professionals to abortion. The book also examines the legal and religious contexts in which these contentious cases are arbitrated. It demonstrates how human rights law and the proposed framework can provide a gauge to measure competing rights and apply legitimate limits to the expression of religious belief, where appropriate. The book concludes with a stance of principled pragmatism, which finds that some aspects of current legal protections in English medical law require amendment.

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