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Vol 23 No 5 May/June 2018

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Religion and the Exercise of Public Authority

Edited by: Benjamin L. Berger, Richard J. Moon

ISBN13: 9781509924738
To be Published: October 2018
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2016)
Price: £27.99
Hardback edition , ISBN13 9781849467155



Law and religion scholarship has tended to focus on broad, structural questions such as the scope of religious freedom, the nature and limits of religious toleration and accommodation, and the demands and character of secularism.

A finer-grained issue that has received less attention concerns the role of religion in the decisions, actions, and experiences of individuals who discharge public duties. How do the religious commitments of public actors affect the performance of their official functions? In what way does religion figure in how public actors understand and negotiate their roles? What are the distinctive issues of law and policy raised by the confluence of religion and public authority?

This volume brings together scholars from a variety of disciplines, such as philosophy, sociology, politics, law, history, and religious studies, to address these questions. The public actors discussed in this volume include teachers, health-care providers, lawyers, judges, and policy makers, and the topics addressed range from conscientious objection and religious symbols to public decision-making and religious education.

Subjects:
Constitutional and Administrative Law
Contents:
Introduction: Religious Neutrality and the Exercise of Public Authority
Richard Moon and Benjamin L Berger
1. The Meaning and Entailment of the Religious Neutrality of the State: The Case of Public Employees
Jocelyn Maclure
2. Against Circumspection: Judges, Religious Symbols, and Signs of Moral Independence
Benjamin L Berger
3. Religious Lawyering and Legal Ethics
Faisal Bhabha
4. Managing and Imagining Religion in Canada from the Top and the Bottom: 15 Years After
Paul Bramadat
5. God Keep Our Land: The Legal Ritual of the McKenna-McBride Royal Commission, 1913–16
Pamela E Klassen
6. In/Visible Religion in Public Institutions: Canadian Muslim Public Servants
Amélie Barras, Jennifer A Selby and Lori G Beaman
7. The Prayer Case Saga in Canada: An 'Expert Insider' Perspective on Praying in the Political and Public Arenas
Solange Lefebvre
8. Physicians' Rights to Conscientious Objection
Bruce Ryder
9. Conscientious Objections by Civil Servants: The Case of Marriage Commissioners and Same-Sex Civil Marriages
Richard Moon
10. A Freedom of Religion-Based Argument for the Regulation of Religious Schools
Daniel M Weinstock
11. 'Open House'/'Portes Ouvertes': Classrooms as Sites of Interfaith Interface
Shauna Van Praagh