This book examines the institutional relationship between religions, political regimes, and human rights.

This book examines the institutional relationship between religions, political regimes, and human rights.

"This book is about the attempt of Orthodox Jewish Zionists to implement traditional Jewish law (halakha) as the law of the State of Israel. These religious Zionists began their quest for a halakhic sate immediately after Israel's establishment in 1948 and competed for legal supremacy with the majority of Israeli Jews who wanted Israel to be a secular democracy. Although Israel never became a halachic state, the conflict over legal authority became the backdrop for a pervasive culture war, whose consequences are felt throughout Israeli society until today. The book traces the origins of the legal ideology of religious Zionists and shows how it emerged in the middle of the twentieth century. It further shows that the ideology, far from being endemic to Jewish religious tradition as its proponents claim, is a version of modern European jurisprudence, in which a centralized state asserts total control over the legal hierarchy within its borders. The book shows how the adoption (conscious or not) of modern jurisprudence has shaped religious attitudes to many aspects of Israeli society and politics, created an ongoing antagonism with the state's civil courts, and led to the creation of a new and increasingly powerful state rabbinate. This account is placed into wider conversations about the place of religion in democracies and the fate of secularism in the modern world. It concludes with suggestions about how a better knowledge of the history of religion and law in Israel may help ease tensions between its religious and secular citizens"--

This book examines Islam’s relationship to democratization in the Indian Ocean nation of the Maldives. It explores how and why an electoral democracy based in a constitution that has many liberal features but also Islam-based limitations, especially lack of religious freedom, emerged in the country by 2009. In doing so, the book interrogates a major approach to Muslim politics that assumes reformist interpretations of Islam are a positive, and even a necessary, force for liberalization and democratization in Muslim-majority contexts. This book shows reformist Islam did play certain positive roles in democratization in the Maldives. However, the book suggests reformist Islam may not be an invariably uncontroversial force in the space of politics. It argues that modern nation building in the Maldives shaped by political actors with reformist Islamic orientations, since around the 1930s, has also completely transformed Islam as a modern institutional and discursive political religion. These transformations of Islam as a modern political religion have existed as path-dependent constraints on the depth of democratization, ensuring religion-based limitations and intensifying controversy over religion vis-à-vis the state and individual rights. An original empirical contribution towards a better understanding of Islam and politics in the Maldives, this book will be of interest to academics and students working on democracy, and Islam in particular, and in the fields of political science and area studies, especially South Asian politics.

A comparative legal history of Jewish sovereignty and religious freedom, illuminating the surprising ways that collective and individual rights have evolved over the past two centuries It is a common assumption that in Israel, Jews have sovereignty, and in most other places where Jews live today, they have religious freedom instead. As Simon Rabinovitch shows in this original work, the situation is much more complicated. Jews today possess different kinds of legal rights in states around the world; some stem from religious freedom protections, and others evolved from a longer history of Jewish autonomy. By comparing conflicts between Jewish collective and individual rights in courts and laws across the globe, from the French Revolution to today, this book provides a nuanced legal history of Jewish sovereignty and religious freedom. Rabinovitch weaves key themes in Jewish legal history with the individual stories of litigants, exploring ideas about citizenship and belonging; who is a Jew; what makes a Jewish family; and how to define Jewish space. He uses recent court cases to explore problems of conflicting rights, and then situates each case in a wider historical context. This unique comparative history creates a global picture of modern legal development in which Jews continue to use the law to carve out surprising forms of sovereignty.

Much has been written about the issue of religious freedom and church-state relations. The contributors to this book, however, take up another side of the question: what has been the impact of religion on human rights. Representatives from various religious traditions address a broad range of topics, from environmental rights to the basic validation of human rights, to the rights of women in India and Iran and within Orthodox Judaism, to the global imposition of criminal justice, to pressures for democratization within the Catholic Church in Latin America. The six major essays, along with their accompanying "replies" answer questions and raise issues in a provocative and compelling debate.

Religion is a major force in contemporary society. It is also one of the least understood social and political influences on individuals and communities. In this innovative collection of original essays and classic readings, experts explore the significance of contemporary religiosity: as a source of meaning and motivation, how it unites and divides us, and how it is used politically and culturally. Readers will be introduced to the broad debates in ways that will equip them to analyze, discuss, and make their own judgments about religion and society. This book should be read by anyone interested in understanding religion as a central source of meaning and politics, and is ideally suited for undergraduate teaching on religion and social issues and from a global perspective.

In recent years, the relevance of religious freedom has spread well beyond academia, becoming a reference point for international relations, multi-level policy development, as well as interfaith negotiations. Meanwhile, scholarship on religious freedom has flourished on the boundaries of sociology, law, comparative politics, history, and theology. This book presents a systematic sociological analysis of religious freedom, bringing together classical sociological theories and empirical perspectives developed during the last three decades. It addresses three major questions involved in any sociology of religious freedom. First: considering its complex and controversial nature, how can religious freedom be defined? Second: what are the recurrent sociological conditions and relevant social perceptions that will foster an understanding of religious freedom in varying political, legal, and socioreligious contexts? And third, what are the mechanisms of social implementation of religious freedom that contribute to making it a fundamental value in a society? Olga Breskaya, Giuseppe Giordan, and James T. Richardson suggest that a sociological definition of religious freedom requires us to take into account historical, philosophical, legal, religious, and political considerations of a given society-and that the social dimensions of religious freedom are as important as the legal ones.

Institutionalizing the Just War offers a new approach to thinking about the ethics of large-scale armed conflict. Allen Buchanan takes a unique approach to just war theory, arguing that theories that are content with articulating abstract moral norms specifying right acts of war-making, provide too little guidance for responding to the real world moral problems of war. Buchanan here instead takes an institutional approach, combining moral analysis with data on how institutions are designed, and providing concrete proposals for morally progressive innovations at the institutional level. Buchanan's institutional approach in this book - which is based on the revision of previously published essays -- is singular and will be of great interest not just to scholars of just war theory, but anyone interested in the morality of war within political science, political philosophy, philosophy of international law, and public policy.