Religious Freedom in the Liberal State
Ahdar, Rex,
Associate Professor, Faculty of Law, University of Otago
Leigh, Ian,
Professor of Law, University of Durham
Print publication date: 2005
Published to Oxford Scholarship Online: January 2010 Print ISBN-13: 978-0-19-925362-3 doi:10.1093/acprof:oso/9780199253623.001.0001 |
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Abstract:
There is a growing recognition of the challenge that religions pose for pluralist, multicultural democracies. ‘Fundamentalist’ beliefs and practices test the limits of religious freedom, and seem to contradict the very basis on which liberal states protect religious liberty. Religions, moreover, are often associated with intolerance and persecution, yet insist upon religious liberty for themselves. This book inverts these stereotypes by presenting a sustained critique of how religious liberty ought to be understood in liberal legal systems and develops an alternative, Christian response. The prevailing liberal approach to religious freedom is compared with historic and contemporary understandings developed by Christian theorists, and an alternative principled basis for religious liberty, from a distinctively Christian position, is developed. The variety of stances the liberal state may take towards organised religions are analysed, and the nature of the guarantees for religious freedom in domestic and international law is explained. The difficult question of precisely when and how far religious liberty should be limited is also considered. This book also deals with concrete contemporary controversies involving the recognition and protection of religious beliefs and conduct, looking at issues such as family and parenting, medical treatment, education, employment, religious group autonomy, and freedom of expression and protest. Extensive reference is made throughout the analysis to UK law and the European Convention on Human Rights, as well as the laws of other jurisdictions such as the US, Canada, South Africa, Australia, and New Zealand.
Keywords: religious freedom, liberal state, organised religion, pluralist democracies, multicultural democracies, fundamentalist beliefs, religious liberty, intolerance, persecution, law Table of Contents
Introduction
1.
Christian Perspectives
2..
Liberal Perspectives
3.
Models of Religion–State Relations
4.
Legal Protection of Religious Freedom
5.
Is Establishment Consistent with Religious Freedom?
6.
Limits to Religious Freedom
7.
Families, Parents and Children
8.
Education
9.
Medical Treatment
10.
Employment
11.
Religious Group Autonomy
12.
Religious Expression
Bibliography
Index
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