Litigating religions : an essay on human rights, courts, and beliefs / Christopher McCrudden.
2018
K3240 .M3846 2018 (Map It)
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Details
Title
Litigating religions : an essay on human rights, courts, and beliefs / Christopher McCrudden.
Published
Oxford, United Kingdom ; New York : Oxford University Press, 2018.
Call Number
K3240 .M3846 2018
Edition
First edition.
ISBN
9780198759041 (hardback)
0198759045
9780191076862 (electronic book)
0191076864
0198759045
9780191076862 (electronic book)
0191076864
Description
xiv, 196 pages ; 23 cm
System Control No.
(OCoLC)1001450671
Summary
"Religions are a problem for human rights, and human rights are a problem for religions. And both are problems for courts. This book presents an interpretation of how religion and human rights interrelate in the legal context, and how this relationship might be reconceived to make this relationship somewhat less fraught. Litigating Religions, an essay adapted by Christopher McCrudden from the Alberico Gentili Lectures given at the University of Macerata, Italy, examines how the resurgent role of religion in public life gives rise to tensions with key aspects of human rights, in particular freedom of religion and anti-discrimination law, and how these tensions cannot be considered as simply transitional. The context for the discussion is the increasingly troubled area of human rights litigation involving religious arguments, such as wearing religious dress at work, conscientious objections by marriage registrars, admission of children to religious schools, prohibitions on same-sex marriage, and access to abortion. Christopher McCrudden argues that, if we wish to establish a better dialogue between the contending views, we must address a set of recurring problems identifiable in such litigation. To address these problems requires changes both in human rights theory and in religious understandings." -- Page two of dust cover.
Note
"The Alberico Gentili lectures, 2015."
Bibliography, etc. Note
Includes bibliographical references (pages 165-184) and index.
Available in Other Form
Electronic version: McCrudden, Christopher. Litigating Religions. First edition. Oxford, United Kingdom ; New York : Oxford University Press, 2018 9780191076862 (OCoLC)1020066660
Record Appears in
Gift
Purchased from the income of the Cardozo Fund
Gift

The Arthur W. Diamond Law Library
Purchased from the income of the Cardozo Fund
Table of Contents
pt. I
CONTEXT
1.
Concepts and Cases
3
2.
Ideology
20
3.
Institutions
42
pt. II
PROBLEMS
4.
Teleological Problem
63
5.
Epistemological Problem
87
6.
Ontological Problem
101
pt. III
WAYS FORWARD
7.
Fundamentals of Human Rights Theory
125
8.
How Should Courts Approach Religious Litigation?
138
9.
How Should Religions Approach Human Rights?
150
Bibliographical Essay
165
Bibliography
177
Index
185