Institutionalizing Rights and Religion: Competing Supremacies

by Leora Batnitzky, Hanoch Dagan

Overview

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.

Product Details

ISBN-13:	9781316607756
Publisher:	Cambridge University Press
Publication date:	12/20/2018
Pages:	282
Product dimensions:	5.98(w) x 9.06(h) x 0.59(d)

About the Author

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 Reconstructing American Legal Realism and Rethinking Private Law Theory (2013) and The Choice Theory of Contracts (with Michael Heller, Cambridge, 2017).

Table of Contents

Institutionalizing rights and religion: introduction Leora Batnitzky and Hanoch Dagan; Part I. Secular Institutions and the Limits of Religious Recognition: 1. Religion in the law: the disaggregation approach Cécile Laborde; 2. The puzzle of the Catholic church Lawrence G. Sager; 3. Religious accommodations and - and among - civil rights: separation, toleration and accommodation Richard W. Garnett; 4. Israeli law and Jewish law in Israel: a zero sum game? Yedidia Z. Stern; 5. Why 'live-and-let-live' is not a viable solution to the difficult problems of religious accommodation in the age of sexual civil rights Mary Anne Case; 6. Control by accommodation: religious jurisdiction among the Palestinian-Arab minority in Israel Michael Karayanni; 7. Decentralizing religious and secular accommodations Roderick M. Hills, Jr; 8. In search of the secular Yishai Blank; Part II. The Challenges of Religious Institutions for the Secular State: 9. The 'how many?' question: an institutionalist's guide to pluralism Ori Aronson; 10. Equality in religious schools: the JFS case reconsidered Haim Shapira; 11. Religious freedom as a technology of modern secular governance Peter G. Danchin; 12. Civil regulations of religious marriage from the perspectives of pluralism, human rights and political compromise Shahar Lifshitz; 13. The impact of Supreme Court rulings on the Halakhic status of the official rabbinical courts in Israel Amihai Radzyner; 14. Is conversion a human right?: a comparative look at religious Zionism and Hindu nationalism Leora Batnitzky.