Institutionalizing Rights and Religion
Competing Supremacies

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

Leora Batnitzky (Edited by), Hanoch Dagan (Edited by)

9781107153714, Cambridge University Press

Hardback, published 23 March 2017

400 pages
23.6 x 15.9 x 2.3 cm, 0.56 kg

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.

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.

Subject Areas: Comparative law [LAM], Law [L], Political activism [JPW], Ethical issues & debates [JFM], Social issues & processes [JFF]