Religion in the Public Sphere: A Comparative Analysis of German, Israeli, American and International Law

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Winfried Brugger, Michael Karayanni
Springer Science & Business Media, 10. 8. 2007. - 469 страница

How closely correlated should church and state be? May a state recognize or dignify the role and meaning of religion at all, and if so can it treat different religious groups differently? This book intends to answer these questions through a portrayal and comparison of various legal orders including those of Germany, Israel, France and the USA.

Some authors consider the issue of “church and state” from an international law perspective. The analyses are structured from both a state-institutional as well as from a fundamental rights and human rights perspective. Here the religious and secular freedoms are brought into focus. Whether, and how, these church-and-state aspects vary within divergent modern state contexts – and how they transnationally evolve – is also discussed.

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Matthias Koenig
3
Winfried Brugger
21
Shimon Shetreet
87
Christian Walter
165
Hans Michael Heinig
181
Dagmar Richter
198
Jochen A Frowein
243
Barak Medina
299
Michael Karayanni
333
Ruth Gavison
378
Ofra G Golan
415
Mark S Weiner
437
Edward J Eberle
453
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Страница 418 - It read, in part, that every human being of adult years and sound mind has a right to determine what shall be done with his own body; and a surgeon who performs an operation without his patient's consent commits an assault, for which he is liable in damages.
Страница 54 - Regents' prayer in its public school system breaches the constitutional wall of separation between Church and State. We agree with that contention since we think that the constitutional prohibition against laws respecting an establishment of religion must at least mean that in this country it is no part of the business of government to compose official prayers for any group of the American people to recite as a part of a religious program carried on by government.
Страница 23 - That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and;, therefore, all men are equally entitled to the free exercise of religion, according to the dictates of conscience...
Страница 32 - Religious distress is at the same time the expression of real distress and the protest against real distress. Religion is the sigh of the oppressed creature, the heart of a heartless world, just as it is the spirit of a spiritless situation. It is the opium of the people.
Страница 66 - Constitution, and of the amendment to it, now under consideration, the general, if not the universal, sentiment in America was, that Christianity ought to receive encouragement from the State, so far as such encouragement was not incompatible with the private rights of conscience, and the freedom of religious worship. An attempt to level all religions, and to make it a matter of state policy to hold all in utter indifference, would have created universal disapprobation, if not universal indignation.
Страница 26 - No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion.
Страница 24 - ... Protestant sects, Catholics of one shade of belief had persecuted Catholics of another shade of belief, and all of these had from time to time persecuted Jews. In efforts to force loyalty to whatever religious group happened to be on top and in league with the government of a particular time and place, men and women had been fined, cast in jail, cruelly tortured, and killed. Among the offenses...

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