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This text presents a comparative, cross-cultural analysis of the legal status of religion in public education in eighteen different nations while offering recommendations for the future improvement of religious education in public schools. Offering rich, analytical insights from a range of renowned scholars with expertise in law, education, and religion, this volume provides detailed consideration of legal complexities impacting the place of religion and religious education in public education. The volume pays attention to issues of national and international relevance including the separation of the church and state; public funding of religious education; the accommodation of students’ devotional needs; and compulsory religious education. The volume thus highlights the increasingly complex interplay of religion, law, and education in diverse educational settings and cultures across developing and developed nations. Providing a valuable contribution to the field of religious secondary education research, this volume will be of interest to researchers, academics, and educators with an interest in religion and law, international and comparative education, and those involved with educational policy at all levels. Those more broadly interested in moral and values education will also benefit from the discussions the book contains.
This volume examines the legal status of religion in education, both public and non-public, in the United States and seven other nations. It will stimulate further interest, research, and debate on comparative analyses on the role of religion in schools at a time when the place of religion is of vital interest in most parts of the world. This interdisciplinary volume includes chapters by leading academicians and is designed to serve as a resource for researchers and educational practitioners, providing readers with an enhanced awareness of strategies for addressing the role of religion in rapidly diversifying educational settings. There is currently a paucity of books devoted solely to the topic written for interdisciplinary and international audiences involving educators and lawyers, and this book will clarify the legal complexities and technical language among the law, education, and religion.
This book seeks to provide a panorama of the issues arising from pluralism in the education system and of judicial responses to them around the globe. In it, thirty-four authors representing many different legal cultures have selected and commented the most significant judicial decisions in each of the jurisdictions analysed. The topics addressed include religious and cultural symbols; faith-based, religious, and citizenship education; freedom of teaching and scientific freedom; homeschooling; authorization, funding and other matters concerning denominational and private schools, among other legal disputes. The reader will easily sense many different ideological orientations throughout the book's thirty-seven chapters, which is only the result of pluralism itself and of scientific freedom. Nevertheless, the editors believe that all of the authors have inherently favoured the desire to understand the challenges of pluralism and to convey knowledge that is relevant for a public debate rather than defending their own particular point of view. Indeed, facilitating debate might be considered to be the best achievement of a publication of this kind.
Offering extensive international and comparative law materials, as well as discussion of key United States First Amendment cases, international experts Durham and Scharffs bring vision and scope to the study of Law and Religion. The text and its continually updated online Supplement support courses on Law and Religion, Church and State, International Human Rights, Comparative Constitutional Law, and First Amendment. New to the Second Edition: ¿ National: Recent U.S. court cases and legislative moves dealing with religion in conflict with anti- discrimination norms, including immigration; same-sex marriage; and conscientious objection by religious organizations, government officials, pharmacies, businesses (including “wedding vendors”) to providing products, services, and insurance benefits in violation of religious beliefs ¿ International: Landmark religion cases in Canada, Europe, and Asia involving such issues as women’s rights, law school accreditation, display of religious symbols and wearing of face coverings in public (including schools); persecution of religious minorities, including prosecution for blasphemy; discussion of new levels of and responses to religious extremism ¿ Comparative: Discussions across multiple jurisdictions of such issues as education, tax, government regulation of religion, and women’s issues, such as genital cutting (worldwide, including U.S.) and divorce (“triple talaq” in India, Shari’a arbitration in Canada, and Shari’a councils in the U.K.) Professors and students will benefit from: ¿ Traditional law and religion course coverage of U.S. materials, including the major Free Exercise and Establishment Clause cases ¿ Comparative law cases and materials reflecting more than fifty countries and regions, and which include corporal punishment; compelled patriotic observances; state funding of religions; autonomy of religious organizations to choose personnel and provide services; conscientious objection in the military and in personal, employment, and educational settings; parameters of speech regulation, including hate speech and speech that offends religious sensibilities; anti- conversion laws; the rights of women in tension with religious claims of exclusion and divorce practices; and much more ¿ International law materials, including: o Key international and regional human rights instruments; 87 cases from the European Court of Human Rights; and key decisions of the Court of Justice of the European Union and the United Nations Human Rights Committee o Cases covering issues such as the right to register religious associations; headscarves and face coverings; religious slaughter for kosher and halal foods; exemptions from church taxes; conscientious objection; proselytizing; religious oaths; church autonomy; religious education; and conflicts arising between religious freedom and other human rights (e.g., women's rights, rights of indigenous peoples, sexual minorities, and children's rights) o Responses from inside and outside the Muslim world to the rise of violent Islamist extremism ¿ Islamic, Christian, Jewish, Hindu, Buddhist, and other perspectives on freedom of religion, touching on defamation of religion; the new constitution of Iraq; religious political parties in Turkey; the definition of being Jewish for rights of citizenship in Israel; the right of Muslim and Hindu women to enter sacred space in India; death sentences and extra-judicial lynching for perceived violation of blasphemy laws in Pakistan; and reactions of governments, including the government of Russia, to perceived religious extremism
Explains what the law is on common religious liberty and church-state questions in the public school context. Covers: prayer in the schools; teaching about religion; use of classroom space for student-initiated religious activities; holiday observances; released time programs; physical facilities; dual enrollment; distribution of Gideon bibles or religious literature; scientific creationism; curriculum content; secular humanism; compulsory attendance and religious holidays; dress codes; vaccination requirements; and teachers' rights and responsibilities.
This book explores for the first time the broad range of ways in which Christian thought intersects with American legal theory. Eminent legal scholars—including Stephen Carter, Thomas Shaffer, Elizabeth Mensch, Gerard Bradley, and Marci Hamilton—describe how various Christian traditions, including the Catholic, Calvinist, Anabaptist, and Lutheran traditions, understand law and justice, society and the state, and human nature and human striving. The book reveals not only the diversity among Christian legal thinkers but also the richness of the Christian tradition as a source for intellectual and ethical approaches to legal inquiry. The contributors bring various perspectives to the subject. Some engage the prominent schools of legal thought: liberalism, legal realism, critical legal studies, feminism, critical race theory, and law and economics. Others address substantive areas, including environmental, criminal, contract, torts, and family law, as well as professional responsibility. Together the essays introduce a new school of legal thought that will make a signal contribution to contemporary discussions of law.
This book provides an encompassing analysis of the position of religion in education in several countries across the globe. It first analyzes the complexities surrounding the position of freedom of religion in education systems and the need to respect, protect, and promote the religious (or non-religious) beliefs of all those involved and participating in education. Various themes are analyzed, including: the religious distinctiveness of private schools; the protection of religious and belief diversity in education; the protection of parental rights and religious freedoms; the protection of children's rights and religious freedoms; and managing the dissemination of religious knowledge in public schools. Also provided are important case studies explaining the various approaches pertaining to the reconciliation of law and state, religion and education, and secularism and diversity that exist in the world. The more encyclopedic approach used here provides insights, through the country case studies, into the contemporary issues surrounding religious and non-religious schools in the selected jurisdictions. [Subject: Human Rights Law, Religion and Education, Public Education]
This book, an update of the 1988 edition, gives readers a basic grasp of the general legal principles controlling the role of religion in public education with the goal of applying those principles to typical church/state issues. Chapter 1 offers the background of general legal principles needed to understand specific church/state issues. Chapter 2 examines student religious activities, including prayer, religious clubs, display of religious symbols, holiday observances, and distribution of religious literature. Chapter 3 considers religious objections to secular activities, such as pledging allegiance to the flag. Chapter 4 helps to distinguish between courses about religion and those disseminating religious beliefs, and offers advice on teaching evolution, sex education, and other topics frequently of concern to religious groups. Chapter 5 surveys religious activities of school personnel, such as apparel and religious leave. Chapter 6 explores other religious activity on school grounds, such as use of facilities by outside groups. In every chapter the effect of specific legal decisions is made clear. Appendices include the Equal Access Act and a map of the geographic areas of federal judicial circuits, to show the area in which a federal appellate court decision applies. There is a general index and an index of cases. (RKJ)
The central concern of this book is the interaction between the idea of religious freedom and the regulation of a modern state by laws. Hence it primarily addresses the structure of and reasons for the legal order rather than describing legal rules. It is a book about law rather than a mere law book. The author begins by examining the nature of religion, the differences between religious and secular philosophies and existing notions of rights. In Part 2 he illustrates the relationship between legal rules and religion by means of case studies: the laws applying the conscientious objection to trade union membership, religious education in schools, Sunday trading, religious slaughter, charities and blasphemy. Part 3 ponders the links between freedom of belief and freedom of practice, discusses the idea of legislation against religious discrimination and concludes with a discussion of the prospects for religious freedom under the law. Although practising and academic lawyers will obviously find this book useful, it will also be valued by students and teachers of religious studies, sociologists and philosophers.