Faith in Courts: Human Rights Advocacy and the Transnational Regulation of Religion

Human Rights

Faith in Courts: Human Rights Advocacy and the Transnational Regulation of Religion

By Lisa Harms
Hart Publishing December 2022

Specifications

ISBN-13
9781509945047
Publisher
Hart Publishing
Publication
December 2022
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

The phenomenon of judicialisation in the field of freedom of religion is long recognised. But, to date, little has been written on how advocacy and strategic litigation has actively changed the field. This important books does just that. It shows how Jehovah's Witnesses, Muslims, Sikhs, Evangelicals, Christian conservatives and Russian Orthodox actors have negotiated the right to freedom of religion at the ECtHR over the past 30 years. Drawing on in-depth interviews and case law analysis, and media representation, it is a powerful study of the impact of legal mobilisation on international and transnational law.

Table of Contents

Introduction: Transnationalisation, Judicialisation and the Regulation of Religion
From the National to the Transnational Regulation of Religion
Religious Freedom Advocacy in a Transnational Legal Field
Trajectories of Legal Mobilisation: Empirical Observations
Contributions
Chapter Outline
1. Fielding Religious Freedom Advocacy: A Sociological Approach to Transnational Legal Mobilisation
Social Movements and Legal Mobilisation
A Shift of Perspective: Mobilisation in (Transnational) Legal Fields
Methods and Data
2. Enacting the Liberal Script: Religious Transatlantic Networks and an Emerging Legal Field
From the Shadow of National Sovereignty to the Formation of a Transnational Legal Field
Jehovah's Witnesses and Evangelicals: Early Pioneers of Religious Freedom Litigation
Enacting the Liberal Frame of Religious Freedom
3. Constituting Identities: Sikhs between Symbolic Gains and Legal Marginalisation
Diaspora Politics and Legal Mobilisation
'Jurimetrics' of the Challenger: Fitting the Legal Niche
4. The Orthodoxy of the Powerful: Christians Fighting against Change
Federating Symbolic Capital
Defending Incumbency
Inequalities and Symbolic Boundaries
5. Endogenous Change in the Transnational Field: Jehovah's Witnesses, Muslims and Christians' Recursive Mobilisation
Jehovah's Witnesses and the Expansion of Religious Freedoms
Muslims between Repeat Failure and Growing Activism
Conservative Christians' Pushback against Anti-Discrimination Norms
Conclusion: Faith in Rights or Right Faith?
Religious Freedom Mobilisation and the Governance of Religious
Diversity
Towards a Field-Theoretical Understanding of Legal Mobilisation?
Religious Freedom quo vadis? Current Developments and Future Research Perspectives
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