Law and Religion in Theoretical and Historical Context »

Peter Cane is Professor of Law at the Australian National University College of Law. He is also a Corresponding Fellow of the British Academy and a Fellow of the Academy of Social Sciences in Australia.

Carolyn Evans is Deputy Director of the Centre for Comparative Constitutional Studies and Associate Dean (Research) at Melbourne Law School.

Zoë Robinson is an early career researcher, having earned a J.D. from the University of Chicago Law School in 2008.

This volume of essays examines the nature and scope of engagements between law and religion.

1 Introduction Carolyn Evans Evans, Carolyn 1

2 The moral economy of religious freedom Lawrence G. Sager Sager, Lawrence G. 16

3 Understanding the religion in freedom of religion Jeremy Webber Webber, Jeremy 26

4 Why religion belongs in the private sphere, not the public square Denise Meyerson Meyerson, Denise 44

5 Pluralism in law and religion Margaret Davies Davies, Margaret 72

6 The influence of cultural conflict on the jurisprudence of the religion clauses of the First Amendment Michael W. McConnell McConnell, Michael W. 100

7 From Dayton to Dover: the legacy of the Scopes Trial Peter Radan Radan, Peter 123

8 A very English affair: establishment and human rights in an organic constitution Charlotte Smith Smith, Charlotte 157

9 Days of rest in multicultural societies: private public separate? Ruth Gavison Gavison, Ruth Nahshon Perez Perez, Nahshon 186

10 Australian legal procedures and the protection of secret Aboriginal spiritual beliefs: a fundamental conflict Ernst Willheim Willheim, Ernst 214

11 Secular and religious conscientious exemptions: between tolerance and equality Yossi Nehushtan Nehushtan, Yossi 243

12 Law's sacred and secular subjects Ngaire Naffine Naffine, Ngaire 268

13 Freedom of religion and the European Convention on Human Rights: approaches, trends and tensions Malcolm D. Evans Evans, Malcolm D. 291

Index 317