This is a timely contribution to the debate on the rights and liberties of religion, beliefs, and conscience in an age of secularization.

This timely book offers a theistic approach to secular legal systems and demonstrates that these systems are neither agnostic nor atheist. Critical but succinct in its approach, this book focuses on an extensive range of liberal legal approaches to religious and moral issues, and subjects them to critical scrutiny from a secular perspective. Expertly written by a leading scholar, the author offers a rare combination of profundity of ideas and simplicity of expression. It is a ringing defense of the theistic conception of secular legal systems and an uncompromising attack on the agnostic and atheist conception.

In his last book, Ronald Dworkin addresses questions that men and women have asked through the ages: What is religion and what is God’s place in it? What is death and what is immortality? Based on the 2011 Einstein Lectures, Religion without God is inspired by remarks Einstein made that if religion consists of awe toward mysteries which “manifest themselves in the highest wisdom and the most radiant beauty, and which our dull faculties can comprehend only in the most primitive forms,” then, he, Einstein, was a religious person. Dworkin joins Einstein’s sense of cosmic mystery and beauty to the claim that value is objective, independent of mind, and immanent in the world. He rejects the metaphysics of naturalism—that nothing is real except what can be studied by the natural sciences. Belief in God is one manifestation of this deeper worldview, but not the only one. The conviction that God underwrites value presupposes a prior commitment to the independent reality of that value—a commitment that is available to nonbelievers as well. So theists share a commitment with some atheists that is more fundamental than what divides them. Freedom of religion should flow not from a respect for belief in God but from the right to ethical independence. Dworkin hoped that this short book would contribute to rational conversation and the softening of religious fear and hatred. Religion without God is the work of a humanist who recognized both the possibilities and limitations of humanity.

Hardbound - New, hardbound print book.

Polarization between political religionists and militant secularists on both sides of the Atlantic is on the rise. Critically engaging with traditional secularism and religious accommodationism, this collection introduces a constitutional secularism that robustly meets contemporary challenges. It identifies which connections between religion and the state are compatible with the liberal, republican, and democratic principles of constitutional democracy and assesses the success of their implementation in the birthplace of political secularism: the United States and Western Europe. Approaching this issue from philosophical, legal, historical, political, and sociological perspectives, the contributors wage a thorough defense of their project's theoretical and institutional legitimacy. Their work brings fresh insight to debates over the balance of human rights and religious freedom, the proper definition of a nonestablishment norm, and the relationship between sovereignty and legal pluralism. They discuss the genealogy of and tensions involving international legal rights to religious freedom, religious symbols in public spaces, religious arguments in public debates, the jurisdiction of religious authorities in personal law, and the dilemmas of religious accommodation in national constitutions and public policy when it violates international human rights agreements or liberal-democratic principles. If we profoundly rethink the concepts of religion and secularism, these thinkers argue, a principled adjudication of competing claims becomes possible.

How to accommodate diverse religious practices and laws within a secular framework is one of the most pressing and controversial problems facing contemporary European public order. In this provocative contribution to the subject, Lorenzo Zucca argues that traditional models of secularism, focusing on the relationship of state and church, are out-dated and that only by embracing a new picture of what secularism means can Europe move forward in the public reconciliation of its religious diversity. The book develops a new model of secularism suitable for Europe as a whole. The new model of secularism is concerned with the way in which modern secular states deal with the presence of diversity in the society. This new conception of secularism is more suited to the European Union whose overall aim is to promote a stable, peaceful and unified economic and political space starting from a wide range of different national experiences and perspectives. The new conception of secularism is also more suited for the Council of Europe at large, and in particular the European Court of Human Rights which faces growing demands for the recognition of freedom of religion in European states. The new model does not defend secularism as an ideological position, but aims to present secularism as our common constitutional tradition as well as the basis for our common constitutional future.

This collection, by leading legal scholars, judges and practitioners, together with theologians and church historians, presents historical, theological, philosophical and legal perspectives on Christianity and criminal law. Following a Preface by Lord Judge, formerly Lord Chief Justice of England and Wales, and an introductory chapter, the book is divided into four thematic sections. Part I addresses the historical contributions of Christianity to criminal law drawing on biblical sources, early church fathers and canonists, as far as the Enlightenment. Part II, titled Christianity and the principles of criminal law, compares crime and sin, examines concepts of mens rea and intention, and considers the virtue of due process within criminal justice. Part III looks at Christianity and criminal offences, considering their Christian origins and continuing relevance for several basic crimes that every legal system prohibits. Finally, in Part IV, the authors consider Christianity and the enforcement of criminal law, looking at defences, punishment and forgiveness. The book will be an invaluable resource for students and academics working in the areas of Law and Religion, Legal Philosophy and Theology.