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The Virtues of Law in the Politics of Religious Freedom | Journal of Law and Religion

    Berger, Benjamin L., The Virtues of Law in the Politics of Religious Freedom (2013). Journal of Law and Religion, Vol. 29, No. 3, 2014, Forthcoming. Available at SSRN: http://ssrn.com/abstract=2409224

    The moral force and capacity for inspiration of both religion and politics alike arise in part from the sense that they authentically map the world as we find it, yielding claims about how it should be. This paper asks what role we might imagine for law in this “hyper-real” world of religion and politics, arguing that law can display distinctive virtues linked to its capacity for strategic agnosticism about the real. Applying Sunstein’s idea of “incompletely theorized agreements” to the politics of religious freedom, the paper examines the role of law as a tool of adhesion in two very different constitutional settings – Canada and Israel – and argues for modesty as a functional virtue in law and legal process. Viewed in this way, law draws its worth from its tolerance for ambiguity, its sub-theoretical nature, and its pragmatic proceduralism, seeking to sustain political community in the presence of normative diversity, rather than speaking truth to difference.

  • Posted: 03/18/2014
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  • Category: Global: Religious Liberty
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  • Source: ssrn.com

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Bill to draft ultra-Orthodox into IDF passes Knesset

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Arab envoys say no to Israel as Jewish state

Loud outcry over Jerusalem’s plan to quiet mosques

Israel: Knesset passes bill distinguishing between Muslim and Christian Arabs

Israeli group tries to prevent, not outlaw abortion

Israel: Anger erupts as High Court puts a hold on payments for yeshiva students

Israel keeps Arab teachers out of Jewish religious schools

“65 surrogate babies born to Israeli gay couples stuck in Thailand”

“Anti-Abortion Republicans Are Largely Quiet As Israel Adopts Liberal Abortion Law”

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Israel’s Supreme Court Issues Temporary Stay Of Rabbinical Court’s Order Requiring Boy’s Circumcision

New Calls For Jewish Prayer At Jerusalem Holy Site

Israel nears law banning discrimination based on sexual orientation

Obama Putting Squeeze On Temple Mount: Seeks Palestinian rule over Judaism’s most sacred site

Israel to consider extending tax breaks to same-sex couples

Jewish activists want to pray on Jerusalem’s Temple Mount, raising alarm in Muslim world

Israeli State Rabbinical Court Fines Mother For Refusing To Have Son Circumcised

Jordan vetoes Israeli request to allow Jewish prayer on Temple Mount

“Israel’s civil union bill must apply to everybody, not just same-sex couples”

    Haaretz: There are three bills on Knesset members’ desks that aim to extend the eligibility for civil unions beyond couples who claim to have no religion. Two of them are egalitarian proposals, giving the civil union option to any interested couple: the civil union bill initiated by Yesh Atid, and the proposal the Justice Ministry issued Sunday called the “Joint Living Law.” A third proposal would allow civil unions only for gays, while other voices within the coalition and outside it would specifically exclude same-sex couples from eligibility for civil unions. These last two approaches are unacceptable

  • Posted: 11/04/2013
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  • Category: Global: Marriage and Family
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  • Source: www.haaretz.com

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Knesset debate on Jewish prayer on Temple Mount ends in name-calling, walkout

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Israeli Settlers Rampage Through Village

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Vandals Target Israeli Women’s Prayer Group

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Ministry to review Jewish prayer on Temple Mount

‘Modesty police’ arrests ratchet fears of radicalized Islam in Gaza

Jerusalem court upholds women’s prayer rights at Western Wall

Palestinian Christians Battle Israel Barrier Route

Western Wall plan unveiled to resolve 24-year-old prayer rights dispute

International Criminal Court Jurisdiction Over Israeli Settlements

Israel May Have Coalition Government That Dramatically Changes Current Religion-State Arrangements

Hamas warns Obama: Don’t visit Temple Mount

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Israeli Police Detain 10 Jewish Women In Conflict Over Egalitarian Prayer Customs At Western Wall

Ahmadinejad: Iran already a nuclear state, but has no intention of launching attack on Israel

UN: Israel Must Withdraw From Judea, Samaria

Chief Rabbis of Israel say, ‘Killing fetuses is murder’

Jerusalem: Feminists to protest anti-abortion group’s prize