Administrative / Constitutional Law

Freedom from Religion Rights and National Security, 2nd Edition

Oxford University Press USA February 2013

Specifications

ISBN-13
9780199975907
Publisher
Oxford University Press USA
Publication
February 2013
Format
Hardback , 208 pages
Jurisdiction
U.S. ? Countri(es) for reference only

Details

  • Provides both the theory and historical background necessary for academic research and the concrete legal proposals useful to policymakers
  • The country-by-country analysis grounds Guiora's proposals in a helpful real-world context
  • The author maintains the book's objectivity by addressing not just Islamic extremism but Christian and Jewish varieties as well
  • Provides in-depth analysis of the limits of free speech and religious freedom in the face of religious extremism

Although many books on terrorism and religious extremism have been published in the years since 9/11, none of them written by Western authors call for the curtailment of religious freedom and freedom of expression for the sake of greater security. Issues like torture, domestic surveillance, and unlawful detentions have dominated the literature in this area, but few, if any, major scholars have questioned the vast allowances made by Western nations for the freedoms of religion and speech. 

Freedom from Religion challenges the almost sacrosanct inviolability of these two civil liberties. By drawing the connection between politically-correct tolerance of extremist speech and the rise of terrorist activity, this book sets the context for its unique proposal that governments should introduce new limits on religious practice within their borders. To demonstrate the wisdom of this course, the author presents the disparate policies and security circumstances of five countries: the U.S., the UK, the Netherlands, Turkey, and Israel. The book benefits not just from the author's own counter-terrorism experience in Israel and the U.S. but also from an international advisory group of leading scholars from all five of the countries under review.

This second edition includes significant new material analyzing the trial of Warren Jeffs, self-censorship in the face of religious sensitivity, religious extremism and violence in Israel, and the complicated tension in the Netherlands between speech and religion. 

In it, Guiora responds to public discussion and criticism provoked by the proposal presented in the first edition that governments impose limits on religious extremist practices and speech within their borders. In doing so, Guiora sheds new light on the existential and practical predicaments confronting civil democratic society: how much intolerance should the nation-state tolerate and to whom does government owe a duty.

 

Readership: Academics, law students, those interested in constitutional law or religion and government.

Table of Contents

Preface
Chapter One: Ignoring the Storm
Chapter Two: The Threat of Religious Extremism
Chapter Three: The Limits of Freedom of Speech
Chapter Four: Freedom of Association
Chapter Five: The Role of the Media Regarding Religion
Chapter Six: Separating Church and State
Chapter Seven: Free Exercise of Religion
Chapter Eight: Cultural Considerations and the Price of Religious Liberty
Chapter Nine: Dangerous Ideas and Corporate Censorship
Chapter Ten: Confronting the Storm
Recommended Reading List
Appendix

About the Author

Amos Guiora, United States

Amos N. Guiora is Professor of Law at S. J. Quinney College of Law, University of Utah where he teaches Criminal Law, Global Perspectives on Counter-terrorism, Religion and Terrorism, and National Security Law. Professor Guiora was awarded the S.J. Quinney College of Law Faculty Scholarship Award, 2011. Professor Guiora is a Member of the American Bar Association's Law and National Security Advisory Committee, a Research Associate at the University of Oxford, Oxford Institute for Ethics, Law and Armed Conflict and a Research Fellow at the International Institute on Counter-Terrorism, The Interdisciplinary Center. He was awarded a Senior Specialist Fulbright Fellowship for The Netherlands in 2008, served for 19 years in the Israel Defense Forces as Lieutenant Colonel (retired), and held a number of senior command positions, including Commander of the IDF School of Military Law and Legal Advisor to the Gaza Strip.

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