Religious Freedom in the Liberal StateThere 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, Christianresponse.In Part One 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. Part Two analyses thevariety of stances the liberal state may take towards organised religions, and explains the nature of the guarantees for religious freedom in domestic and international law. The difficult question of precisely when and how far religious liberty should be limited is carefully analysed. Part Threedeals 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, also the laws of other jurisdictions such as the US, Canada, South Africa, Australia and New Zealand, making this a wide-ranging, timely, and thoughtful examination of a perplexing contemporarycontroversy. |
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apply approach argued argument Article 9 autonomy blasphemy Catholic Chapter child Christian Church of England claim concept concerns conscience constitutional Court of Human decision Dignitatis Humanae DLR 4th doctrines EHRR Employment equality establishment European Convention European Court example exemption F 2d faith free exercise freedom of religion House of Lords Human Rights Act ibid individual ISKCON issue Jehovah's Witnesses John Locke Justice Law and Religion legislation liberal liberal democracy limited Lord Nicholls matters Medical Treatment minority moral Muslim neutrality offence parents person Pluralism political principle prohibition protection question reason refusal regulation religion or belief religious beliefs religious bodies religious community religious discrimination religious freedom religious groups Religious Human religious liberty religious organizations religious practice religious upbringing secular social society spiritual Supreme Court Syndicat Northcrest Toleration UKHL 15 United Kingdom violation Zealand