State Neutrality


Book Description

O'Halloran provides a comparative evaluation of contemporary law as it relates to religion in six developed nations.




Defending American Religious Neutrality


Book Description

Although it is often charged with hostility toward religion, First Amendment doctrine in fact treats religion as a distinctive human good. It insists, however, that this good be understood abstractly, without the state taking sides on any theological question. Here, a leading scholar of constitutional law explains the logic of this uniquely American form of neutrality—more religion-centered than liberal theorists propose, and less overtly theistic than conservatives advocate. The First Amendment’s guarantee of freedom of religion is under threat. Growing numbers of critics, including a near-majority of the Supreme Court, seem ready to cast aside the ideal of American religious neutrality. Andrew Koppelman defends that ideal and explains why protecting religion from political manipulation is imperative in an America of growing religious diversity. Understanding American religious neutrality, Koppelman shows, can explain some familiar puzzles. How can Bible reading in public schools be impermissible while legislative sessions begin with prayers, Christmas is an official holiday, and the words “under God” appear in the Pledge of Allegiance? Are faith-based social services, public financing of religious schools, or the teaching of intelligent design constitutional? Combining legal, historical, and philosophical analysis, Koppelman shows how law coherently navigates these conundrums. He explains why laws must have a secular legislative purpose, why old, but not new, ceremonial acknowledgments of religion are permitted, and why it is fair to give religion special treatment.




Neutrality in Contemporary International Law


Book Description

The law of neutrality - the corpus of legal rules regulating the relationship between belligerents and States taking no part in hostilities - assumed its modern form in a world in which the waging of war was unconstrained. The neutral State enjoyed territorial inviolability to the extent that it adhered to the obligations attaching to its neutral status and thus the law of neutrality provided spatial parameters for the conduct of hostilities. Yet the basis on which the law of neutrality developed - the extra-legal character of war - no longer exists. Does the law of neutrality continue to survive in the modern era? If so, how has it been modified by the profound changes in the law on the use of force and the law of armed conflict? This book argues that neutrality endures as a key concept of the law of armed conflict. The interaction between belligerent and nonbelligerent States continues to require legal regulation, as demonstrated by a number of recent conflicts, including the Iraq War of 2003 and the Mavi Marmara incident of 2010. By detailing the rights and duties of neutral states and demonstrating how the rules of neutrality continue to apply in modern day conflicts, this restatement of law of neutrality will be a useful guide to legal academics working on the law of armed conflict, the law on the use of force, and the history of international law, as well as for government and military lawyers seeking comprehensive guidance in this difficult area of the law.




Religious Freedom and the Neutrality of the State


Book Description

The permanent presence of Islam and Muslims is a comparatively recent phenomenon in most countries of the European Union. Over the last few decades many initiatives have been launched by Muslim communities in the European Union to create infrastructural provisions for their religious life, within the existing legal and social frameworks. In fact, all countries of the European Union share the principles of religious freedom and non-discrimination in their respective Constitutions. However, the precise way in which these principles are interpreted and applied to Islam depends largely on the historical traditions concerning the relation between State and Religion, which differ from one country to another. These differences are reflected in recent developments in the communication between the States and their Muslim communities, both at national, regional and municipal levels. They are also reflected in recent developments in legislation and jurisprudence concerning the most essential Islamic core-values, such as dietary laws, the precepts on modest dress, Islamic burial practices and the possibilities to found Islamic cemeteries, as well as the observance of Friday prayers and annual holidays. Looking at the legal position of Islam in the countries of the European Union, the authors of this volume discuss the challenges posed by the presence of Islam to the Western European system of relationships between law and religion. They argue, that these challenges necessitate reforms within the relevant European legislation, but differ as to their precise nature. They also discuss the difficulties of this task, as these adjustments will alter a longstanding balance of rights and privileges recognised by different religious denominations. Legal reforms, however, are not sufficient. The creation of a truly multicultural Europe also necessitates fighting against the negative image of Islam and Muslims (anti-Muslimism or Islamophobia) prevailing in most of its member states.




The Palgrave Handbook of Toleration


Book Description

The Palgrave Handbook of Toleration aims to provide a comprehensive presentation of toleration as the foundational idea associated with engagement with diversity. This handbook is intended to provide an authoritative exposition of contemporary accounts of toleration, the central justifications used to advance it, a presentation of the different concepts most commonly associated with it (e.g. respect, recognition) as well as the discussion of the many problems dominating the controversies on toleration at both the theoretical or practical level. The Palgrave Handbook of Toleration is aimed as a resource for a global scholarly audience looking for either a detailed presentation of major accounts of toleration, the most important conceptual issues associated with toleration and the many problems dividing either scholars, policy-makers or practitioners.




Permanent Neutrality


Book Description

This collection examines the theory, practice, and application of state neutrality in international relations. With a focus on its modern-day applications, the studies in this volume analyze the global implications of permanent neutrality for Taiwan, Russia, Ukraine, the European Union, and the United States. Exploring permanent neutrality’s role as a realist security model capable of rivaling collective security, the authors argue that permanent neutrality has the potential to decrease major security dilemmas on the global stage.




The Cambridge Rawls Lexicon


Book Description

John Rawls is widely regarded as one of the most influential philosophers of the twentieth century, and his work has permanently shaped the nature and terms of moral and political philosophy, deploying a robust and specialized vocabulary that reaches beyond philosophy to political science, economics, sociology, and law. This volume is a complete and accessible guide to Rawls' vocabulary, with over 200 alphabetical encyclopaedic entries written by the world's leading Rawls scholars. From 'basic structure' to 'burdened society', from 'Sidgwick' to 'strains of commitment', and from 'Nash point' to 'natural duties', the volume covers the entirety of Rawls' central ideas and terminology, with illuminating detail and careful cross-referencing. It will be an essential resource for students and scholars of Rawls, as well as for other readers in political philosophy, ethics, political science, sociology, international relations and law.




Beyond Neutrality


Book Description

A major contribution to contemporary political theory examining the state's intervention in people's lives.




The Soviet Union and Cold War Neutrality and Nonalignment in Europe


Book Description

The Soviet Union and Cold War Neutrality and Nonalignment in Europe examines how the neutral European countries and the Soviet Union interacted after World War II. Amid the Cold War division of Europe into Western and Eastern blocs, several long-time neutral countries abandoned neutrality and joined NATO. Other countries remained neutral but were still perceived as a threat to the Soviet Union’s sphere of influence. Based on extensive archival research, this volume offers state-of-the-art essays about relations between Europe’s neutral states and the Soviet Union during the Cold War and how these relations were perceived by other powers.




Neutrality and State-Building in Sweden


Book Description

The successful maintenance of peace since 1814 made neutrality a widely popular doctrine in Sweden. Rather than a security policy in the strict sense, it has become a cornerstone of Swedish national identity. Yet, in the past decade the neutrality tradition has been called into question. This book analyzes the emergence, institutionalization, and reassessment of neutrality, of the notion of peace as a national good, from the 16th century to the present debate on NATO membership.