Law's Religion : : Religious Difference and the Claims of Constitutionalism / / Benjamin L. Berger.

• Superior document: Title is part of eBook package: De Gruyter University of Toronto Press Complete eBook-Package 2014-2015
• VerfasserIn: Berger, Benjamin L.,
• Place / Publishing House: Toronto : : University of Toronto Press, , [2018]; ©2015
• Year of Publication: 2018
• Language: English
• Physical Description: 1 online resource (240 p.)

Prevailing stories about law and religion place great faith in the capacity of legal multiculturalism, rights-based toleration, and conceptions of the secular to manage issues raised by religious difference. Yet the relationship between law and religion consistently proves more fraught than such accounts suggest. In Law’s Religion, Benjamin L. Berger knocks law from its perch above culture, arguing that liberal constitutionalism is an aspect of, not an answer to, the challenges of cultural pluralism. Berger urges an approach to the study of law and religion that focuses on the experience of law as a potent cultural force.Based on a close reading of Canadian jurisprudence, but relevant to all liberal legal orders, this book explores the nature and limits of legal tolerance and shows how constitutional law’s understanding of religion shapes religious freedom. Rather than calling for legal reform, Law’s Religion invites us to rethink the ethics, virtues, and practices of adjudication in matters of religious difference.

Table of Contents

Frontmatter -- Contents -- Acknowledgments -- Law’S Religion Religious Difference And The Claims Of Constitutionalism -- Introduction -- Chapter 1.Studying Law And Religion: Where To Begin? -- Chapter 2.Law’S Religion: Rendering Culture -- Chapter 3.The Cultural Limits Of Legal Tolerance -- Chapter 4 .The Stories We Live By: Religious Difference And The Ethics Of Adjudication -- Conclusion: Religion And Constitutionalism Beyond The Mystification Of Law -- Bibliography -- Index