Religion and the Exercise of Public Authority

Author: Benjamin L. Berger; Richard J. Moon
Publisher: Hart Publishing
ISBN: 9781849467155

Published In: June 2016
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509924738

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Law and religion scholarship has tended to focus on broad, structural questions such as the scope of religious freedom, the nature and limits of religious toleration and accommodation, and the demands and character of secularism.

A finer-grained issue that has received less attention concerns the role of religion in the decisions, actions, and experiences of individuals who discharge public duties. How do the religious commitments of public actors affect the performance of their official functions? In what way does religion figure in how public actors understand and negotiate their roles? What are the distinctive issues of law and policy raised by the confluence of religion and public authority?

This volume brings together scholars from a variety of disciplines, such as philosophy, sociology, politics, law, history, and religious studies, to address these questions. The public actors discussed in this volume include teachers, health-care providers, lawyers, judges, and policy makers, and the topics addressed range from conscientious objection and religious symbols to public decision-making and religious education.

Introduction: Religious Neutrality and the Exercise of Public Authority

Richard Moon and Benjamin L Berger

1. The Meaning and Entailment of the Religious Neutrality of the State: The Case of Public Employees

Jocelyn Maclure

2. Against Circumspection: Judges, Religious Symbols, and Signs of Moral Independence

Benjamin L Berger

3. Religious Lawyering and Legal Ethics

Faisal Bhabha

4. Managing and Imagining Religion in Canada from the Top and the Bottom: 15 Years After

Paul Bramadat

5. God Keep Our Land: The Legal Ritual of the McKenna-McBride Royal Commission, 1913–16

Pamela E Klassen