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The New Deal is often said to represent a sea change in American constitutional history, overturning a century of precedent to permit an expanded federal government, increased regulation of the economy, and eroded property protections. John Compton offers a surprising revision of this familiar narrative, showing that nineteenth-century evangelical Protestants, not New Deal reformers, paved the way for the most important constitutional developments of the twentieth century. Following the great religious revivals of the early 1800's, American evangelicals embarked on a crusade to eradicate immorality from national life by destroying the property that made it possible. Their cause represented a direct challenge to founding-era legal protections of sinful practices such as slavery, lottery gambling, and buying and selling liquor. Although evangelicals urged the judiciary to bend the rules of constitutional adjudication on behalf of moral reform, antebellum judges usually resisted their overtures. But after the Civil War, American jurists increasingly acquiesced in the destruction of property on moral grounds. In the early twentieth century, Oliver Wendell Holmes and other critics of laissez-faire constitutionalism used the judiciary's acceptance of evangelical moral values to demonstrate that conceptions of property rights and federalism were fluid, socially constructed, and subject to modification by democratic majorities. The result was a progressive constitutional regime--rooted in evangelical Protestantism--that would hold sway for the rest of the twentieth century.

Religion and law --- Evangelicalism --- Constitutional law --- Church and state --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Public law --- Administrative law --- Law --- Law and religion --- History. --- History --- Interpretation and construction --- Religious aspects --- United States --- Religion.

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"For the first time in 400 years a number of leading common law nations have, fairly simultaneously, embarked on charity law reform leading to an encoding of key definitional matters in charity legislation. This book provides an analysis of international case law developments on the ever growing range of issues now being generated by clashes between human rights, religion and charity law. Kerry O'Halloran identifies and assesses the agenda of 'moral imperatives', such as abortion and gay marriage that delineate the legal interface and considers their significance for those with and those without religious belief. By assessing jurisdictional differences in the law relating to religion/human rights/charity the author provides a picture of the evolving 'culture wars' that now typify and differentiates societies in western nations including the USA, England and Wales, Ireland, Australia, Canada and New Zealand"--

Charitable uses, trusts, and foundations --- Corporations, Religious --- Freedom of religion --- Human rights --- Religion and law --- Religion and politics --- Religious trusts --- Law and legislation --- religion --- charity --- the state --- charity law and religion --- human rights --- charity law reform --- England --- Wales --- Ireland --- the United States of America --- Canada --- Australia --- New Zealand --- canon law --- human rights law

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With this edited collection, Solange Lefebvre and Lori G. Beaman bring together a series of case studies of religious groups and practices from all across Canada that re-examine and question the classic distinction between the public and private spheres.

Religion and state --- Religion and sociology --- Religion and law --- Law --- Law and religion --- Religion and society --- Religious sociology --- Society and religion --- Sociology, Religious --- Sociology and religion --- Sociology of religion --- Sociology --- State and religion --- State, The --- Religious aspects --- 316:2 --- 261.7 --- 316:2 Godsdienstsociologie --- Godsdienstsociologie --- 261.7 De Kerk en de burgerlijke macht: Kerk en Staat; godsdienstvrijheid; verdraagzaamheid; tolerantie:--theologische aspecten --- De Kerk en de burgerlijke macht: Kerk en Staat; godsdienstvrijheid; verdraagzaamheid; tolerantie:--theologische aspecten --- Canada. --- Canada (Province) --- Canadae --- Ceanada --- Chanada --- Chanadey --- Dominio del Canadá --- Dominion of Canada --- Jianada --- Kʻaenada --- Kaineḍā --- Kanada --- Ḳanadah --- Kanadaja --- Kanadas --- Ḳanade --- Kanado --- Kanakā --- Province of Canada --- Republica de Canadá --- Yn Chanadey

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This book examines in detail both historical and current legal concepts of ‘religious cultural heritage’ within the context of the European continent. The latter group is primarily based on the variety of sacred cultural elements emanating from the different religious traditions of the peoples of Europe, which are deemed worthy of protection and preservation due to their outstanding value, in terms of their social, cultural and religious significance. In view of this, the study provides evidence of the European States’ active involvement with their sacred/cultural treasures, on the basis of the political and legal foundations of neutrality and pluralism. Furthermore, the book analyzes all relevant international legislative instruments (i.e. the plethora of EU, CoE and UNESCO norms), as well as all major European legislative patterns, in light of their significance for the aforementioned aspects of pluralism and neutrality. The interdisciplinary references listed at the end of each chapter provide an additional incentive for further reading on the subject matter. The most important finding to emerge from the study is that there is a shared legal ethos in Europe that imposes a duty of appropriate care concerning the vast variety of sacred cultural goods, and the religious cultural heritage in general, as an invaluable repository of European cultural capital. It also considers the sui generis nature of this capital: like any other type of asset, it may deteriorate or fade over time, necessitating investment in its preservation or refurbishment; nevertheless, like no other, this particular capital maintains a distinct cultural value, as it contains an additional characteristic of ‘sacredness’ expressed in the form of its ‘religious character,’ the latter being analyzed as a triptych of religious memory, religious aesthetics and religious beliefs.

Religion and law. --- Religion and law --- Law --- Law and religion --- Religious aspects --- Cultural heritage. --- Religion. --- Constitutional law. --- Private International Law, International & Foreign Law, Comparative Law . --- European Law. --- Cultural Heritage. --- Human Rights. --- Religious Studies, general. --- Constitutional Law. --- Constitutional law --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Public law --- Administrative law --- Religion, Primitive --- Atheism --- God --- Irreligion --- Religions --- Theology --- Cultural heritage --- Cultural patrimony --- Cultural resources --- Heritage property --- National heritage --- National patrimony --- National treasure --- Patrimony, Cultural --- Treasure, National --- Property --- World Heritage areas --- Interpretation and construction --- Private international law. --- Conflict of laws. --- Law—Europe. --- Human rights. --- Basic rights --- Civil rights (International law) --- Human rights --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Legal polycentricity --- Law and legislation --- Civil law