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Law and Religion: National, International, and Comparative Law Perspectives by W. Cole Durham, Brett G. Scharffs


Law and Religion: National, International, and Comparative Law Perspectives

by W. Cole Durham Jr., Brett G. Scharffs
Format: Paperback
Published: 12/23/2009
ISBN13: 9780735584822
Price: $75.00

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Pages: 672

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In Law and Religion: National, International, and Comparative Law Perspectives, every chapter supports a broad and dynamic discussion of familiar issues by placing them in global context.

Offering extensive international and comparative law materials, as well as Establishment Clause and Free Exercise cases, international experts Durham and Scharffs bring new vision and scope to the study of Law and Religion.

Law and Religion: National, International, and Comparative Law Perspectives, features:

  • U.S. materials that include the major Free Exercise and Establishment Clause cases that teachers of law and religion courses are accustomed to teaching
  • International law materials that include
    • key human rights instruments, over 20 cases from the European Court of Human Rights and decisions of key United Nations bodies
    • cases cover issues such as the right to register religious associations, headscarves, kosher 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)
  • comparative law cases and materials that reflect more than fifteen countries and regions
    • comparative law issues explored include corporal punishment, compelled patriotic observances, state funding of religions, and much more
  • Islamic, Christian, and Jewish perspectives on freedom of religion, touching on defamation of religion, the Danish Mohammed cartoon controversy, the constitutions of Iraq, religious political parties in Turkey, and the definition of being Jewish for rights of citizenship in Israel

Timely and incisive, Law and Religion: National, International, and Comparative Law Perspectives is a vital new text with its own Teacher's Manual and Web Supplement that supports courses on Law and Religion, Church and State, International Human Rights, Comparative Constitutional Law, and First Amendment.


Summary of Contents

Part I: Frameworks

Chapter 1: Formative Tensions in the History of Religious Freedom

Chapter 2: Theoretical and Religious Perspectives on Freedom of Religion

Chapter 3: International Human Rights Perspectives on Freedom of Religion or Belief

Chapter 4: Comparative Constitutional Law Perspectives on Law and Religion-State Relationships

Part II: Freedom of Religion or Belief

Chapter 5: Freedom of Religious Belief and Expression

Chapter 6: Limitations on Religious Actions and Manifestations

Chapter 7: Religious Rights in Specialized Regulatory Contexts

Chapter 8: Responding to Religious Extremism

Chapter 9: Tensions Between Religious Freedom and Other Rights

Part III: The Relationships Between Religious Institutions and the State

Chapter 10: Religious Autonomy

Chapter 11: Right to Association and Legal Personality

Chapter 12: Financial Relationships Between Religion and the State

Chapter 13: Education

Chapter 14: Religion and Public Life

W. Cole DurhamJr.

Cole Durham

Photo - Cole Durham

Cole Durham is internationally known for his contributions to protecting religious freedoms. ; In 2009, Professor Durham received the International First Freedom Award for his work. ; In addition to his teaching and research responsibilities, Durham is the director of BYU’s Center for Law and Religion Studies.

Before teaching at the BYU Law School, Professor Durham worked as a law clerk for Judge Ainsworth, Jr. on the U.S. Court of Appeals, Fifth Circuit. ; He was also a Max Rheinstein fellow in West Germany in 1979, secretary of the American Association for the comparative Study of Law Executive Committee, and chair of the Comparative Law Section and Law and Religion Section of the American Association of Law Schools.





Brett G. Scharffs

Brett Scharffs

Photo - Brett Scharffs

Brett G. Scharffs is the associate director of the International Center for Law and Religion Studies. ; His scholarly interests are law and religion, corporate law, international business law and philosophy of law.

Professor Scharffs clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals, D.C. Circuit, and worked as a legal assistant to the Honorable George H. Aldrich at the Iran-U.S. Claims Tribunal in The Hague. ; Before teaching at BYU, he worked as an attorney for the New York law firm, Sullivan & Cromwell. ; Before coming to BYU Law School, he taught at Yale University and the George Washington University Law School. ; He is currently serving as Chair of the Law and Religion section of the American Association of Law Schools.