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The First Amendment to the United States Constitution protects the free exercise of religion and the United States Supreme Court has issued many decisions exploring the depth and breadth of those protections. This book addresses the Court’s free exercise jurisprudence, discussing what counts as religion and the protections that have been afforded to a variety of religious practices. Regrettably, the Court has not offered a principled and consistent account of which religious practices are protected or even how to decide whether a particular practice is protected, which has resulted in similar cases being treated dissimilarly. Further, the Court’s free exercise jurisprudence has been used to provide guidance in interpreting federal statutory protections, which is making matters even more chaotic.
This book argues that human dignity and law stand in a privileged relationship with one another. Law must be understood as limited by the demands made by human dignity. Conversely, human dignity cannot be properly understood without clarifying its interaction with legal institutions and legal practices. This is not, then, a survey of the uses of human dignity in law; it is a rethinking of human dignity in relation to our principles of social governance. The result is a revisionist account of human dignity and law, one focused less on the use of human dignity in our regulations and more on its constitutive implications for the governance of the public realm.
The first part conducts a wide-ranging moral, legal and political analysis of the nature and functions of human dignity. The second part applies that analysis to three fields of legal regulation: international law, transnational law, and domestic public law.
The book will appeal to scholars in both philosophy and law. It will also be of interest to political theorists, particularly those working within the liberal tradition or those concerned with institutional design.
The collection includes a full index and is supplemented by introductions to each volume, newly written by the editors, which place the gathered materials in their historical and intellectual context. Indigenous Peoples and the Law is an essential reference work which will be valued as a vital resource by students, scholars, policy-makers, and practitioners.
Research in and around Indigenous Peoples and the Law is now very wide-ranging and flourishes as never before. But much of the relevant literature remains inaccessible or is highly specialized and compartmentalized, so that it is difficult for many of those who are interested in the subject to obtain an informed, balanced, and comprehensive overview. This new four-volume collection meets the need for an authoritative anthology to make sense of the subject’s vast and dispersed literature and the continuing explosion in research output. Drawing on a wide variety of materials from a broad range of disciplines and theoretical approaches, the collection gathers canonical and cutting-edge major works in a ‘one-stop’ resource to enable users to understand how the law Indigenous Peoples encounter has been transformed from an oppressive, rights-denying system to a site of contestation and for the articulation of claims.