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State Neutrality

State Neutrality
Author: Kerry O'Halloran
Publisher: Cambridge University Press
Total Pages: 529
Release: 2021-01-21
Genre: Law
ISBN: 1108481590

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


Neutrality and Small States

Neutrality and Small States
Author: Efraim Karsh
Publisher: Routledge
Total Pages: 232
Release: 2012-11-12
Genre: Political Science
ISBN: 113572847X

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Originally published in 1988, this book examines the experiences of neutral states in Europe during the Second World War and in the postwar peiod. It examines both the practical and the theoretical considerations and the interface between the two, and discusses the implications of the experience of these countries for small states generally


Religion-State Relations in the United States and Germany

Religion-State Relations in the United States and Germany
Author: Claudia E. Haupt
Publisher: Cambridge University Press
Total Pages: 221
Release: 2011-12-08
Genre: Law
ISBN: 1139505408

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This comparative analysis of the constitutional law of religion-state relations in the United States and Germany focuses on the principle of state neutrality. A strong emphasis on state neutrality, a notoriously ambiguous concept, is a shared feature in the constitutional jurisprudence of the US Supreme Court and the German Federal Constitutional Court, but neutrality does not have the same meaning in both systems. In Germany neutrality tends to indicate more distance between church and state, whereas the opposite is the case in the United States. Neutrality also has other meanings in both systems, making straightforward comparison more difficult than it might seem. Although the underlying trajectory of neutrality is different in both countries, the discussion of neutrality breaks down into largely parallel themes. By examining those themes in a comparative perspective, the meaning of state neutrality in religion-state relations can be delineated.


The Cambridge Rawls Lexicon

The Cambridge Rawls Lexicon
Author: Jon Mandle
Publisher: Cambridge University Press
Total Pages: 1112
Release: 2014-12-11
Genre: Philosophy
ISBN: 1316193985

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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.


Neutrality and Vulnerable States

Neutrality and Vulnerable States
Author: NASIR A. ANDISHA
Publisher: Routledge
Total Pages: 0
Release: 2022-08
Genre:
ISBN: 9780367558833

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This book offers a timely and concise academic and historical background to the concept and practice of neutrality, a relatively new phenomenon in foreign and security policy. It approaches two key questions: under what circumstances can permanent neutrality be applied, and what are the main ingredients of success and the causes of failure in applying permanent neutrality? By evaluating, comparing, and contrasting the two successful European case studies of Austria and Switzerland and the two challenging Asian case studies of Afghanistan and Laos, the author creates a new framework of analysis to explore the feasibility of reframing, adopting, and applying a policy of neutrality and jump start debates on the feasibility of the idea of "new neutrality". He opens the debate by asking whether, as neutrality successfully functioned as a conflict resolution tool during the Cold War, a reframed and adopted version of neutrality could also serve the needs of the twenty-first-century world order. This is an insightful book for all scholars, students, and policymakers workingin international relations, security studies, the history of neutrality, and Afghanistan studies.


Neutrality in Contemporary International Law

Neutrality in Contemporary International Law
Author: James Upcher
Publisher: Oxford Monographs in Internati
Total Pages: 324
Release: 2020-01-19
Genre: Law
ISBN: 0198739761

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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.


Toward Benevolent Neutrality

Toward Benevolent Neutrality
Author: Robert Thomas Miller
Publisher: Baylor University Press
Total Pages: 550
Release: 1996
Genre: Law
ISBN:

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Also included are essays interpreting the historical background and legal issues involved in each case, beginning with the principal events leading to the adoption of the First Amendment.


Liberal Neutrality and State Support for Religion

Liberal Neutrality and State Support for Religion
Author: Leni Franken
Publisher: Springer
Total Pages: 213
Release: 2016-05-18
Genre: Philosophy
ISBN: 3319289446

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This book focuses on the financing of religions, examining some European church-state models, using a philosophical methodology. The work defends autonomy-based liberalism and elaborates how this liberalism can meet the requirements of liberal neutrality. The chapters also explore religious education and the financing of institutionalized religion. This volume collates the work of top scholars in the field. Starting from the idea that autonomy-based liberalism is an adequate framework for the requirement of liberal neutrality, the author elaborates why a liberal state can support religions and how she should do this, without violating the principle of neutrality. Taking into account the principle of religious freedom and the separation of church and state, this work explores which criteria the state should take into account when she actively supports religions, faith-based schools and religious education. A number of concrete church-state models, including hands-off, religious accommodation and the state church are evaluated, and the book gives some recommendations in order to optimize those church-state models, where needed. Practitioners and scholars of politics, law, philosophy and education, especially religious education, will find this work of particular interest as it has useful guidelines on policies and practices, as well as studies of church-state models.


Defending American Religious Neutrality

Defending American Religious Neutrality
Author: Andrew Koppelman
Publisher: Harvard University Press
Total Pages: 316
Release: 2013-01-01
Genre: Law
ISBN: 0674071077

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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.