The First Encyclopedia available On The Subject Of Religion And American Law The interplay of religion and law has long been a major political and social issue in the United States. From the Salem Witch Trials to the current debate over school vouchers, court rulings have had a profound effect on people's lives. Now, a new encyclopedia provides detailed entries on all of the major Supreme Court decisions dealing with church and state, topical and theoretical essays relating to the issue, and cogent biographies of those Justices whose decisions have achieved landmark status in the debate. Comprehensive In Coverage And Scope Encompassing cases from the colonial period to the Supreme Court's important decisions in 1997, this pioneering volume is written in a clear, concise style that will be useful to professionals and specialists and accessible by students. With contributions by leading scholars in the field, this encyclopedia will benefit all reference libraries, students of law and religion, and anyone working in the field of church and state.

God vs. the Gavel challenges the pervasive assumption that all religious conduct deserves constitutional protection. While religious conduct provides many benefits to society, it is not always benign. The thesis of the book is that anyone who harms another person should be governed by the laws that govern everyone else - and truth be told, religion is capable of great harm. This may not sound like a radical proposition, but it has been under assault since the 1960s. The majority of academics and many religious organizations would construct a fortress around religious conduct that would make it extremely difficult to prosecute child abuse by clergy, medical neglect of children by faith-healers, and other socially unacceptable behaviors. This book intends to change the course of the public debate over religion by bringing to the public's attention the tactics of religious entities to avoid the law and therefore harm others.

"Freedom of religion is probably the freedom that Americans hold the dearest, at least publicly. However, the limits of that freedom, and the limits of the corresponding First Amendment clause against a governmental establishment of religion, are very murky, especially when the freedom of one individual's religion begins to clash with the prohibition against the government's establishment. This encyclopedia identifies some of the boundaries of those freedoms, seeks to explain the overall development of the freedom of religion, and highlights some of the important judicial decisions that have shaped it. The encyclopedia discusses the interaction between religion and the law in America; it does not aim to give legal advice"--Introduction

This book presents a human rights-based assessment of the various modes of state religion identification and of the various forms of state practice that characterize these different state religion models. This book makes a case for the recognition of a state duty to remain impartial with respect to religion or belief in all regards so as to comply with people s fundamental right to be governed, at all times, in a religiously neutral manner. As this book demonstrates through the various case studies there is increasing interest and concern at the manner in which questions concerning the enjoyment of the right to the freedom of religion or belief bear upon key questions concerning the governance of democratic society. Issues raised involve matters concerning employment, education, expression, association and, more generally, the interface between religion and political life. The existing literature often traces these concerns back to the need to consider the place of religion in contemporary society but leaves matters there. Another body of academic literature explores the theoretical dimensions of that relationship but fails to connect it to the practice of states in order to test out the propositions which are the product of these reflections. The great virtue of this work is that is seeks to unite these various enterprises and engages head on with the challenges which this produces The aim is to demonstrate and illustrate the key contention: that there is an emergent right to religiously neutral governance, and that this is incompatible with the continuation of systems which offer preference to particular forms of belief system religious or otherwise. A chief virtue of this book is that it works through the consequences of this claim in a fearless fashion, posing challenges for those states which continue to use their legal frameworks to offer support (directly or indirectly) for historical, dominant or favoured forms of religion or belief. It challenges received assumptions and, by driving the logic of contemporary human rights thinking to the foundations of state-religion relationships performs a valuable service for those engaging with this most difficult and timely of questions. Malcolm D. Evans, Professor of Public International Law, University of Bristol

The worlds of law and religion increasingly collide in Parliament and the courtroom. Religious courts, the wearing of religious symbols and faith schools have given rise to increased legislation and litigation. This is the first student textbook to set out the fundamental principles and issues of law and religion in England and Wales. Offering a succinct exposition and critical analysis of the field, it explores how English law regulates the practice of religion. The textbook surveys law and religion from various perspectives, such as human rights and discrimination law, as well as considering the legal status of both religion and religious groups. Controversial and provocative questions are explored, promoting full engagement with the key debates. The book's explanatory approach and detailed references ensure understanding and encourage independent study. Students can track key developments on the book's updating website. This innovative text is essential reading for all students in the field.

Drawing on epigraphic, legal, literary, and numismatic sources, this book reveals how, in the Roman Republic, law and religion interacted to serve the same purpose, the continued growth and consolidation of Rome’s power.