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Institutionalizing Rights and Religion: Competing Supremacies

Institutionalizing Rights and Religion: Competing Supremacies

Author: Leora Batnitzky; Hanoch Dagan
Publisher: Cambridge University Press
ISBN: 9781107153714

Published In: March 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781316607756

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Modern statesmen and political theorists have long struggled to design institutions that will simultaneously respect individual freedom of religion, nurture religion's capacity to be a force for civic good and human rights, and tame religion's illiberal tendencies.

Moving past the usual focus on personal free expression of religion, this illuminating book - written by renowned scholars of law and religion from the United States, England, and Israel - considers how the institutional design of both religions and political regimes influences the relationship between religious practice and activity and human rights.

The authors examine how the organization of religious communities affects human rights, and investigate the scope of a just state's authority with respect to organized religion in the name of human rights. They explore the institutional challenges posed by, and possible responses to, the fraught relationship between religion and rights in the world today.

Part I. Secular Institutions and the Limits of Religious Recognition:

1. Religion in the law: the disaggregation approach Cecile Laborde

2. The puzzle of the Catholic church Lawrence G. Sager

3. Religious accommodations and - and among - civil rights: separation, toleration and accommodation Richard W. Garnett

4. Israeli law and Jewish law in Israel: a zero sum game? Yedidia Z. Stern

5. Why 'live-and-let-live' is not a viable solution to the difficult problems of religious accommodation in the age of sexual civil rights Mary Anne Case

6. Control by accommodation: religious jurisdiction among the Palestinian-Arab minority in Israel Michael Karayanni

7. Decentralizing religious and secular accommodations Roderick M. Hills, Jr

8. In search of the secular Yishai Blank

Part II. The Challenges of Religious Institutions for the Secular State:

9. The 'how many?' question: an institutionalist's guide to pluralism Ori Aronson

10. Equality in religious schools: the JFS case reconsidered Haim Shapira

11. Religious freedom as a technology of modern secular governance Peter G. Danchin

12. Civil regulations of religious marriage from the perspectives of pluralism, human rights and political compromise Shahar Lifshitz

13. The impact of Supreme Court rulings on the Halakhic status of the official rabbinical courts in Israel Amihai Radzyner

14. Is conversion a human right?: a comparative look at religious Zionism and Hindu nationalism Leora Batnitzky.