Institutionalizing rights and religion : competing supremacies / edited by Leora Batnitzky, Princeton University, Hanoch Dagan, Tel Aviv University.

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

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Bibliographic Details
Online Access: Full Text (via EBSCO)
Other Authors: Batnitzky, Leora, 1966- (Editor), Dagan, Ḥanokh (Editor)
Format: eBook
Published: New York : Cambridge University Press, 2017.
Table of Contents:
  • Cover; Half-title; Title page; Copyright information; Table of contents; List of contributors; Acknowledgments; Institutionalizing Rights and Religion: Introduction; The Task; Part I: Secular Institutions and the Limits of Religious Recognition; Part II: The Challenges of Religious Institutions for the Secular State; Part I Secular Institutions and the Limits of Religious Recognition; 1 Religion in the Law: The Disaggregation Approach; Three Desiderata/Three Criticisms; The Substitution Strategy; The Proxy Strategy; The Disaggregation Strategy; Conclusion; 2 The Puzzle of the Catholic Church.
  • Introduction: Religious Freedom and the Puzzle of the Catholic ChurchRationales for the Church's Right to Discriminate; Autonomy of the Religiously Motivated; External Autonomy of Religious Institutions; Internal Autonomy of Religious Institutions; Keeping Government Out of Theological Disputes; Beyond Religious Autonomy: Right of Close Association; Conclusion: Puzzle Solved?; 3 Religious Accommodations and
  • and Among
  • Civil Rights: Separation, Toleration, and Accommodation; I; II; III; 4 Israeli Law and Jewish Law in Israel: A Zero Sum Game?; Introduction.
  • Israeli Law and Jewish Law: A Story of Mutual AlienationIsraeli Law; Jewish Law; Israeli Law and Jewish Law: A Zero Sum Game; Israeli Law; Jewish Law; Content of Jewish Law; Rabbinic Establishment; A Zero Sum Game; Israeli Law and Jewish Law: A Positive Sum Game; Israeli Law; Jewish Law; Ideological-Conceptual Considerations; Educational-Cultural Considerations; Halakhic Activism; A Positive Sum Game; Summary; 5 Why "Live and Let Live" Is Not a Viable Solution to the Difficult Problems of Religious Accommodation.
  • 6 Control by Accommodation: Religious Jurisdiction among the Palestinian-Arab Minority in IsraelIntroduction; International Legitimacy; Divide and Conquer; Nation Building; Internal Forces; Conclusion; 7 Decentralizing Religious and Secular Accommodations; Hobby Lobby as Illustration of the Irrepressible Conflict; Decentralization of RADDs as Equal Concern and Respect; How Decentralization of RADDs Promotes Democratic Equality; Reasonability as a Limit on the Decentralization of RADDs; Scale Economies as Rebuttal of the Decentralization Presumption.
  • Institutionalizing Decentralization of Accommodations: Constitutional Law and Statutory Construction8 In Search of the Secular; Introduction; Religious Freedom in Israel: Asymmetry between Religion and Secularism and Decentralization; Asymmetrical Treatment of Religion and Secularism; Recognizing Religious (But Not Secular) Feelings; Recognizing Religious (But Not Secular) Unique Ways of Living; Religious and Secular "Federalism" in Israel: The Localization of Religiosity/Secularism; A Unique Compromise: Parallel Public-General and Public-Religious Systems, but None Fully Secular.