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Law General

Law's Religion

Religious Difference and the Claims of Constitutionalism

by (author) Benjamin L. Berger

Publisher
University of Toronto Press
Initial publish date
Jan 2016
Category
General, General, Canadian
  • Hardback

    ISBN
    9781442643574
    Publish Date
    Nov 2015
    List Price
    $60.00
  • Paperback / softback

    ISBN
    9781442612068
    Publish Date
    Nov 2015
    List Price
    $36.95
  • eBook

    ISBN
    9781442696396
    Publish Date
    Jan 2016
    List Price
    $27.95

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Description

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.

About the author

Benjamin L. Berger is an associate professor at Osgoode Hall Law School at York University.

Benjamin L. Berger's profile page

Editorial Reviews

‘This book will be a useful starting point for further studies on the nature and limits of multiculturalism and for comparisons of the Canadian story about law and religion with those of other countries.’

Studies in religion vol 45:03:2016

"Berger’s analysis and critique are profound and careful, and this depth and concern for unveiling the discourses and processes of religious rights claims offer unique and significant insights for our understanding of the current troubled place of religious experience in its encounters with law."

Canadian Jewish Studies Vol. 31

"Berger’s analysis and critique are profound and careful, and this depth and concern for unveiling the discourses and processes of religious rights claims offer unique and significant insights for our understanding of the current troubled place of religious experience in its encounters with law."

<em>Canadian Jewish Studies</em>

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