Institutionalizing Rights and Religion: Competing Supremacies

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Leora Batnitzky, Hanoch Dagan
Cambridge University Press, Mar 23, 2017 - Law
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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.
 

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Contents

The Puzzle of the Catholic Church
26
Religious Accommodations and and Among Civil
42
A Zero Sum Game?
57
Contents
62
Why Live and Let Live Is Not a Viable Solution to
74
Religious Jurisdiction among
90
Decentralizing Religious and Secular Accommodations
108
In Search of the Secular
126
The Challenges of Religious Institutions
145
The JFS Case Reconsidered
164
Religious Freedom as a Technology of Modern
184
Civil Regulation of Religious Marriage from the Perspectives
206
The Impact of Supreme Court Rulings on the Halakhic
224
A Comparative Look
241
Index
261
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About the author (2017)

Leora Batnitzky is the Ronald O. Perelman Professor of Jewish Studies and Professor and Chair of the Department of Religion at Princeton University, New Jersey. Her publications include Leo Strauss and Emmanuel Levinas: Philosophy and the Politics of Revelation (2006) and How Judaism Became a Religion: An Introduction to Modern Jewish Thought (2011). She has been a visiting scholar at the Hebrew University of Jerusalem, the University of Tokyo, and New York University Law School.

Hanoch Dagan is the Stewart and Judy Colton Professor of Legal Theory and Innovation and former dean of the Tel-Aviv University Faculty of Law and a Senior Fellow at the Israel Democracy Institute. Dagan has written over seventy articles in major law reviews and journals as well as five books including, most recently, Reconstructing American Legal Realism and Rethinking Private Law Theory (2013). His new book, The Choice Theory of Contracts (with Michael A. Heller), is also forthcoming with Cambridge.

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