The Distinctiveness of Religion in American Law: Rethinking Religious Clause Jurisprudence. By Kathleen A. Brady
In: A journal of church and state: JCS, Band 60, Heft 1, S. 157-160
ISSN: 2040-4867
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In: A journal of church and state: JCS, Band 60, Heft 1, S. 157-160
ISSN: 2040-4867
In: BYU Law Research Paper No. 17-01
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In: Notre Dame Law Review, Forthcoming
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In: Insight Turkey, Band 16, Heft 3, S. 236-238
ISSN: 1302-177X
In: Utah Law Review OnLaw, No. 2, 2014
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In: Santa Clara Journal of International Law, 2012
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In: BYU Law Research Paper No. 15-16
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In: Brigham Young University Journal of Public Law, Band 25
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In: Asian journal of law and society, Band 8, Heft 1, S. 1-18
ISSN: 2052-9023
AbstractIn recent times, religious nationalism has emerged as a major basis for identity and mobilization. In Asia, religious nationalism specifically challenges existing pluralist approaches to constitutional government, which have generally been seen as necessary to ensure peaceful coexistence. The increasing alignment of religious and national boundaries has the worrying capacity to neutralize the "cross-cutting cleavages" that could otherwise vitiate the centrifugal tendencies of pluralistic societies. In the context of pluralistic Asia, therefore, religious nationalism is fundamentally anchored in a rejection of ethnic, religious, cultural, and even legal plurality. This has serious consequences for the freedoms of religious groups, particularly minority groups and minorities within dominant religious groups. This article introduces the Special Issue studying not only the phenomenon of religious nationalism in Asia, but also its impact on the rights of religious groups and their religious freedoms, broadly conceived.
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In: ICLARS series on law and religion
Seventy years after the Universal Declaration of Human Rights : towards strengthening the protection of human rights -- An introduction to the Punta del Este Declaration and its preamble -- Article One : foundation, objective, and criterion -- Article Two : generating agreement and building common understanding -- Article Three : defining and specifying human rights -- Article Four : duties and responsibilities -- Article Five : education -- Article Six : seeking common ground -- Article Seven : implementing and realizing human rights in legislation -- Article Eight : reconciliation and adjudication -- Article Nine : potential difficulties involving competing human rights claims -- Article Ten : most egregious and most feasible -- Conclusions and the way forward.