Thematische Bibliographien / Corporate religious freedom

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Auswahl der wissenschaftlichen Literatur zum Thema „Corporate religious freedom“

Autor: Grafiati

Veröffentlicht am 14. März 2023

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Zeitschriftenartikel zum Thema "Corporate religious freedom"

Clark, G., und R. E. Snyder. „Promoting Religious Freedom: A Corporate Social Responsibility“. Educação & Linguagem 17, Nr. 1 (30.06.2014): 36–75. http://dx.doi.org/10.15603/2176-1043/el.v17n1p36-75.

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Đukić, Dalibor. „Registration of religious organizations: Between collective and corporate right to religious freedom“. Zbornik radova Pravnog fakulteta, Novi Sad 54, Nr. 2 (2020): 709–27. http://dx.doi.org/10.5937/zrpfns54-26564.

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The primary focus of the paper is on the right of religious communities to acquire legal personality. For religious communities this issue has existential importance. Denying access to such status imposes impermissible limitations on freedom of religion or belief. The majority of religious communities seek legal entity status, because it is necessary if they want to acquire property, hire personal, apply for governmental permits etc. The right to acquire legal entity status is one of the most critical arrangements needed for religious liberty in contemporary societies. The paper includes analysis of three important characteristics of this procedure. Access to legal personality for religious or belief communities should be non-mandatory, quick and transparent. It should be taken into account that competent authorities for various political or social reasons, made untimely decisions or refused to register religious organizations due to alleged formal deficiencies. In these cases, the procedures themselves and excessive formalism were used as a mechanism to control the number of recognized religious organizations and to deny the status of a legal entity to certain religious groups. In order to prevent such occurrences, it is necessary to protect the competent authorities from all those influences that prevent them from acting impartially and neutrally. There is a variety of ways that the right to legal personality can be provided for religious communities. Registration system should be compliant with international human rights norms and it is important to recognize that registration is not a primary mechanism for exercising social control of religion.

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Corsalini, Matteo. „Religious Freedom, Inc: Business, Religion and the Law in the Secular Economy“. Oxford Journal of Law and Religion 9, Nr. 1 (01.02.2020): 28–55. http://dx.doi.org/10.1093/ojlr/rwaa008.

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Abstract This article focuses on the rise of corporate religious freedom in EU law. In general, this legal category might be associated with not only a positive dimension (corporate freedom of religion) but also with a negative one (corporate freedom from religion). The present article centres around the latter, underscoring how the CJEU has taken for granted the necessity of neutrality within the private business world in reaching a decision in the case of Achbita v G4S Secure Solutions. And, in addition, to highlight how churches (but also the Belgian branch of a provider of secure global logistic services) can discriminate on religious grounds under Directive 2000/78EC. This article explains how the judicial extension of conscience exemptions from non-discrimination laws for religious institutions to a secular for-profit corporation has signalled a new ‘religious institutionalism’ in tension with employment and human rights law. Accordingly, if that is how secular commercial businesses have become ‘religious’ under the EU Single Market, this article calls for a new approach to employer/employees conflicts through a ‘freedom of the church’ analysis.

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KARAYİĞİT, Mustafa T., und Julija ILHAN. „A FAIR BALANCE BETWEEN THE RIGHT TO RELIGIOUS MANIFESTATION AND THE FREEDOM TO CONDUCT A BUSINESS IN THE CASES OF HEADSCARVES BAN IN PRIVATE EMPLOYMENT?“ Ankara Avrupa Calismalari Dergisi 21, Nr. 2 (30.12.2022): 397–428. http://dx.doi.org/10.32450/aacd.1226864.

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The contribution questions the preliminary rulings given by the CJEU in Achbita and Wabe and Müller Cases that define the corporate neutrality policies banning wearing of religious clothes in private employment as indirect discrimination. The contribution argues that such corporate neutrality policies, though applied to all employees in the same way, constitute in fact direct discrimination for the devout followers of orthopraxis religions, such as Islam, Judaism and Sikhism, provide preference to employer’s freedom to conduct a business and economic interests over the employee’s right to religious manifestation and social rights, put the right to religious manifestation at the bottom of the hierarchy of grounds of discrimination and cause to economic and social exclusion of such minority employees, notwithstanding the European values.

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Davis, J. C. „Religion and the struggle for freedom in the English Revolution“. Historical Journal 35, Nr. 3 (September 1992): 507–30. http://dx.doi.org/10.1017/s0018246x00025954.

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AbstractThe essay attempts to recover a language of liberty, a set of assumptions common participants in the mid-seventeenth-century discourse on religion and liberty. The current historiography of seventeenth-century liberty and contemporary consensus on the complementarity civil liberty and law are used as contexts. In the religious sense, liberty was commonly taken to imply submission to the will of a God of millennial purpose and providential power. In the struggle for appropriate submission to such divine authority issues of freedom arose in the Pauline paradoxes service as perfect freedom and in the process of liberation from inappropriate authorities. The polarization of liberty and authority in traditional accounts of the puritan revolution, the reduction of religious liberty to an element within a greater struggle over constitutional forms, and the identification of religious liberty with individual and corporate rights are called in question.

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Hurd, Elizabeth Shakman. „ALEVIS UNDER LAW: THE POLITICS OF RELIGIOUS FREEDOM IN TURKEY“. Journal of Law and Religion 29, Nr. 3 (Oktober 2014): 416–35. http://dx.doi.org/10.1017/jlr.2014.18.

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AbstractProponents of minority rights are calling for urgent measures to protect the Copts in Egypt, the Ahmadiyya in Pakistan, and the Baha'i in Iran to secure religious diversity, shield minority populations from discriminatory practices, and prevent the outbreak of religious violence. State governments, international organizations, nongovernmental organizations, and international tribunals promote religious liberalization as the antidote to the violence and discord that is often attributed to these divisions. Enshrined in international agreements and promoted by a small army of experts and authorities, legal protections for religious minorities are heralded as the solution to the challenges of living with social and religious diversity. This article examines how the complexities and ambivalences of ordinary religious belonging are translated and transformed through the process of becoming legalized and governmentalized. It documents the risks of adopting religion as a category to draw together individuals and communities as corporate bodies that are depicted as in need of legal protection to achieve their freedom. The argument is developed through an extended case study of the legal status of the Alevis in Turkey, a community and a category formally constituted as a single whole as part of the Turkish nation-building project. It evaluates two legal constructions of Alevism by the Turkish state and the European Court of Human Rights. While premised on differing assumptions about Alevism, both erase the indeterminacy and open-endedness surrounding Alevism as a lived tradition embedded in a broader field of social and cultural practices, while bolstering the role of the state in defining and overseeing Turkish religiosities.

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Le Bruyns, Clint. „Corporate Social Responsibility and Gender Justice in South Africa“. International Journal of Public Theology 3, Nr. 2 (2009): 222–37. http://dx.doi.org/10.1163/156973209x416016.

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AbstractThis article critically explores the extent to which corporate social responsibility in South Africa contributes to the quest for gender justice in the world of economy. It fi nds that business has avoided the notion of responsibility in favour of investment and philanthropy, and that meaningful and constructive approaches to gender ideals have not as a result been forthcoming. e article argues for a renewed understanding of and commitment to responsibility with special attention given to underlying perspectives impeding this approach, but sees much promise in the role that churches with their theology and partners could fulfil in assisting the public discourse on women's human dignity, equality and freedom amidst various economic challenges.

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Funk, Kellen. „CHURCH CORPORATIONS AND THE CONFLICT OF LAWS IN ANTEBELLUM AMERICA“. Journal of Law and Religion 32, Nr. 2 (Juli 2017): 263–84. http://dx.doi.org/10.1017/jlr.2017.31.

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AbstractScholars frequently describe American religious disestablishment using commercial analogies, reckoning that states “privatized” religion or subjected churches to “free-market competition” by making them more like commercial businesses, yet this article demonstrates in part how churches pioneered many of the corporate devices that came to define American enterprise after the Civil War. Such descriptions are thus anachronistic. Antebellum jurists were not concerned about the similarity of churches to businesses, but rather their similarity to states, and the republican fear that churches could be rival sovereign states at first structured the law of disestablishment and incorporation. In most states, churches gained rights of general incorporation but faced significant limitations on their corporate governance and property holdings. InDartmouth College, the Marshall Court reimagined religious societies as private owners who, instead of governing as rival sovereignties, administered property in trust under their charters. But with the vague charters of general incorporation, state judges were left without a definite source of law to adjudicate church disputes. This article argues that courts thus allowed trust law to function as a conflict of laws analysis: Judges treated religious doctrine as a foreign legal system with rules that could be ascertained and accorded respect in American courts. Such a move created a positive, corporate right of religious liberty that becomes obscured if one conceives of religious freedom only as an individual right to be asserted against the state.

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CHAPLIN, JONATHAN. „Doing Justice to Religious Diversity: Theological Foundations for “Principled Pluralism”“. Unio Cum Christo 6, Nr. 2 (01.10.2020): 79. http://dx.doi.org/10.35285/ucc6.2.2020.art4.

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This article argues a theological case for “principled pluralism,” a particular stance regarding the proper attitude of the state towards the plural religious affiliations of its citizens. Its central claim is that the role of the state is both to defend the religious freedom of adherents to all faiths and to maintain a public square equally open to contributions from all faiths without publicly privileging any faith, even Christianity. It develops the argument in critical dialogue with a “Christian nation” position, according to which nations can exercise corporate religious agency, should be formed where possible according to Christian principles, and in which Christian citizens should call their governments to support the nation’s Christian character. KEYWORDS: Principled pluralism, religious diversity, state, Christian nation, public square

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Karayigit, Mustafa T. „Prevalence of an Economic Right/Freedom Over a Social Right in a Horizontal Litigation Once Again“. European Public Law 27, Issue 4 (01.12.2021): 733–58. http://dx.doi.org/10.54648/euro2021036.

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The article primarily examines the Achbita judgment within the context of the struck balance of competing rights/freedoms, i.e., the right to manifest religion and the freedom to conduct a business. It argues that with its lenient and one-sided application of proportionality and by affording the freedom to conduct a business of an employer almost an unfettered prerogative against the right to religious manifestation of an employee, the Achbita judgment could be included into the line of case law, such as Viking, Laval, Alemo-Herron and AGET-Iraklis, which provides for preference and prevalence of economic rights/freedoms over conflicting social rights. The judgment even extends that preference and prevalence to the fields having no crossborder element. If not having confirmed horizontal direct effect of Article 16 of the Charter and so recognized it in nature as a right rather than a principle in the sense of Article 52(5) of the Charter, the CJEU paves the way for consolidating this judicial trend. As a consequence in respect of the principle of non-discrimination on certain grounds, the judgment establishes different levels of protection for different grounds of discrimination and consolidates it by downplaying the right to manifest religion towards the bottom. Headscarf, the Principle of Non-Discrimination on the Grounds of Religion, Freedom to Conduct a Business, Corporate Neutrality Policy, the Margin of Appreciation of the Member States, the Hierarchy between the Grounds of Discrimination, Intersectional Discrimination

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Dissertationen zum Thema "Corporate religious freedom"

Corsalini, Matteo. „Church and Business Autonomy in The Secular Economy: A Comparative Study on Corporate Law and Religion“. Doctoral thesis, Università di Siena, 2021. http://hdl.handle.net/11365/1170945.

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This thesis explores the intersection between business and religion from a legal perspective. Initial discussions take their cue from classical law and religion scholarship on the rights of autonomy and self-direction of ecclesiastical entities to organise their internal religious affairs. As a general matter, religious internal affairs include areas that range from the self-determination to carry out worship services and religious teachings as from the right to settle property disputes, or appoint spiritually qualified ministers without intrusion by state interference. Seen it this way, these scholarly debates have assessed and explained that there are some areas of ecclesiastical governance that the law recognises to be the sole business of churches, and not of governments. In light of this, to think of the relation between religion and ‘business’ in a legal sense, this thesis argues, is first of all to think of the role of religious freedom in preserving a zone of legal autonomy where ecclesiastical entities can freely express their option of a religious way of life. This is what scholars on both sides of the Atlantic call ‘corporate religious freedom’. At any rate, and church autonomy apart, the term ‘corporate’ might bear several other legal meanings that keep the content of the institutional dimension of religious freedom in flux. For instance, US legal doctrine has used this term to describe a recent trend where courts moved initially to protect churches and, from there, to recognising the religious freedom rights of another corporate entity: the for-profit company. What bears note here is that at the centre of this ‘corporate/business’ turn in law and religion are not so much church-affiliated entities as freestanding business enterprises that mix religion with an entirely profit-oriented governance structure and mindset. It is against this background that a central aim for this thesis is to introduce an evolutionary pattern of corporate religious freedom. One in which, if this right was originally designed to maximise church autonomy in the organisation of religious affairs (read, business), it is now stretching beyond traditional houses of worship to maximise the business autonomy of commercial enterprises in secular commerce. In addition, this study asks, and attempts to answer, the difficult questions: is this ‘business turn’ in law and religion also emerging in Europe? And if so, what implications will this have on conventional legal understandings of ‘the religious’ and ‘the secular’ under European law?

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Phasha, Comfort Raisibe. „Critical reflection of the application of 'reasonable chastisement' in South Africa : a case analysis of Freedom of Religion South Africa v Minister of Justice and Constitutional development“. Diss., University of Pretoria, 2020. http://hdl.handle.net/2263/76926.

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In Christian Education South Africa v Minister of Education, the Constitutional Court upheld the law that prohibited the use of corporal punishment in schools. The decision was primarily premised on protecting children against all forms of violence from a public source. Recently, the same Court in Freedom of Religion South Africa v Minister of Justice and Constitutional Development and Others has abolished the defence of reasonable chastisement that was available at common law to parents when administering corporal punishment to discipline recalcitrant children. The effect of the decision is that parents no longer have a defence if they are charged with Assault as a result of Corporal Punishment. The decision has far-reaching consequences as; on the one hand, it unfairly curtails parents’ rights of discipline against their children and seeks to dictate to parents on how to discipline their children. On the other hand, the decision places the rights of children as being of paramount importance in every matter concerning the child. The study employs the doctrinal method which is “desktop-based”, and uses primary and secondary sources, such as case law, statutes, articles and books. The findings of this study are that the defence of reasonable chastisement infringes on the rights of children afforded to them by both the Constitutional law and international instrument. Outlawing Corporal Punishment serves as a great step towards fighting the battle of domestic violence. The Constitutional Court Judgment is not the end of it all; parents must be taught of other alternative way to disciples children. It is of crux to note that discipline is the essential part of parenting and it will be detrimental to raise children without discipline.
Mini Dissertation(LLM (Child Law))--University of Pretoria 2020.
Centre for Child Law
LLM (Child Law)
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Bücher zum Thema "Corporate religious freedom"

The rise of corporate religious liberty. Oxford [UK]: Oxford University Press, 2016.

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Volokh, Eugene. Sebelius V. Hobby Lobby: Corporate Rights and Religious Liberties. Cato Institute, 2014.

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Volokh, Eugene. Sebelius V. Hobby Lobby: Corporate Rights and Religious Liberties. Cato Institute, 2014.

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Schwartzman, Micah, Chad Flanders und Zoë Robinson. Rise of Corporate Religious Liberty. Oxford University Press, Incorporated, 2016.

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Pell, Eve. Big Chill: How the Reagan Administration, Corporate America, and Religious Conservatives Are Sub. Beacon Press, 1986.

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TEMPERMAN. Corporate Religious Freedom and the Rights of Others: Calibrating Human Rights in Times of Pluralist Dilemmas. Boom Uitgevers Den Haag, 2019.

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Laycock, Joseph P. Speak of the Devil. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190948498.001.0001.

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Since it was founded in 2013, The Satanic Temple has spread across the United States and throughout the world. Unlike other forms of Satanism, The Satanic Temple is highly politically active. It has invoked religious freedom to campaign for easier access to abortion, exemption from laws that allow administering corporal punishment to students, and implementing Satanic after-school clubs in elementary schools. While this group remains highly controversial, it is poorly understood. This book provides a detailed history of The Satanic Temple’s history, beliefs, and culture as well as the numerous political and legal battles this group has undertaken. The author suggests that the lasting impact of The Satanic Temple is the way their campaigns have affected national conversations about such topics as the definition of religion, religious freedom, and religious tolerance.

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Rex, Ahdar, und Leigh Ian. Part III, 7 Families, Parents and Children. Oxford University Press, 2013. http://dx.doi.org/10.1093/acprof:oso/9780199606474.003.0007.

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This chapter examines religious freedom issues that concern the family and parents. There can be no doubt that religiously devout parents are vitally interested in the successful transmission of their faith to their offspring. This is one of the prime incidents of religious liberty. One US judge ventured that ‘no aspect of religious freedom is more treasured than the right of parents to teach children to worship God’. The chapter is organized as follows. Section II outlines the current law governing family autonomy and the religious upbringing of children. Section III contrasts liberal and religious conceptions of the family and childrearing. Section IV explores three controversial topics. First, does a maturing child have an independent right of religious liberty? If not, should she? Second, what is the scope of religious childrearing in the fractured family? Do divorced or separated parents have attenuated rights compared to those parents who are still together? Third, do devout parents have any special religious claim to administer corporal punishment to their children amidst the growing international call for the abolition of the parental right of reasonable chastisement?

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Buchteile zum Thema "Corporate religious freedom"

Clark, Elizabeth A., und W. Cole Durham. „The Emergence of Corporate Religious Freedom“. In Changing Nature of Religious Rights under International Law, 256–85. Oxford University Press, 2015. http://dx.doi.org/10.1093/acprof:oso/9780199684229.003.0014.

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Hurd, Elizabeth Shakman. „Minorities under Law“. In Beyond Religious Freedom. Princeton University Press, 2015. http://dx.doi.org/10.23943/princeton/9780691166094.003.0005.

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This chapter explores the implications of adopting religion as a category to draw together individuals and communities as corporate bodies that are depicted as in need of legal protection to achieve their freedom. It draws on an extended case study of the Alevis in Turkey. Ongoing uncertainty about the legal and religious status of the Alevis opens a space in which to explore claims to the category of religious minority, constructs of religious freedom, and the implications of contemporary legal approaches to managing religious difference. The chapter begins with a short introduction to the Alevis, a social group that was formally constituted as a single community relatively recently as part of the Turkish nation-building project. It then evaluates two legal definitions of Alevism by the Turkish state and the European Court of Human Rights. These distinct institutional contexts produce different constructions of Alevism with significant legal and political implications for arbitrating major social issues in Turkey, such as who is a Muslim, who is a minority, and what is religion.

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Garnett, Richard W. „The Freedom of the Church“. In The Rise of Corporate Religious Liberty, 39–62. Oxford University Press, 2016. http://dx.doi.org/10.1093/acprof:oso/9780190262525.003.0004.

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West, Robin. „Freedom of the Church and Our Endangered Civil Rights“. In The Rise of Corporate Religious Liberty, 399–418. Oxford University Press, 2016. http://dx.doi.org/10.1093/acprof:oso/9780190262525.003.0020.

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Frost, RuthAnne. „Dangerous Ideas and Corporate Censorship“. In Freedom from Religion, 127–38. Oxford University Press, 2013. http://dx.doi.org/10.1093/acprof:osobl/9780199975907.003.0009.

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Leng, Thomas. „‘A new spirit of dissention and disturbance’“. In Fellowship and Freedom, 228–65. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198794479.003.0008.

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This chapter considers the involvement of the Merchant Adventurers in the political disputes of mid-seventeenth-century England. It shows that the Company’s overseas residences were deeply divided over questions of religion and political allegiance. These divisions also became bound up with the social changes that were reconfiguring relationships between the different residences of the Company. The chapter surveys three contests which involved questions about the nature of the Merchant Adventurers as a merchant community, and the distribution of power within it. Each centred on a controversial deputy governor—Edward Misselden at Delft in the 1630s, and Joseph Avery and Richard Bradshaw at Hamburg in the 1640s and 1650s respectively. The chapter shows how the changing social structure of the Company’s trade had disturbed corporate politics.

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Annas, George J. „Corporations as Irresponsible Artificial People“. In The Commercial Determinants of Health, 176—C18.P60. Oxford University PressNew York, 2022. http://dx.doi.org/10.1093/oso/9780197578742.003.0018.

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Abstract Corporations are the most influential life-form affecting the health of our planet and its inhabitants. They are artificial persons, created by law, and the person metaphor has become increasingly fanciful as corporate powers have radically expanded to include freedom of speech and freedom of religion, making the modern corporation almost unregulatable. This chapter describes how this empowered artificial person might be tamed in a way that permits governments to channel the activities of corporations in ways that could improve rather than degrade human and planetary health.

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Chandan, Harish C. „Business Ethics in Latin America and Its Impact on Sustained Economic Growth“. In Advances in Finance, Accounting, and Economics, 154–73. IGI Global, 2014. http://dx.doi.org/10.4018/978-1-4666-6224-7.ch009.

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Some of the major emerging economies in Latin America (LA) include Argentina, Brazil, Chile, Peru, and Mexico. The discussion themes during the 2013 World Economic Forum on Latin America included understanding the private sector's role in safeguarding business ethics, corporate social responsibility, sustainability, and concern for the environment. Inputs into business ethics include individual values, organizational culture, national culture, and local business climate, including level of corruption, ethics legislation, and governmental bureaucracy (Stajkovic & Luthans, 1997). A conceptual model of business ethics in terms of governance, processes, and stakeholders is presented. Various models of ethical decision-making processes, including the social-cognitive theory (Bandura, 1986), are reviewed. Models of ethical behavior and the influence of Hofstede cultural dimensions, religion, Internet, and social media are also reviewed. Various measures of business ethics, including the Business Ethics Index (Tsalikis, et al., 2013), the Corruption Perception Index (Transparency International, 2012), the Freedom from Corruption Index, and the Economic Freedom Index (Heritage Foundation, 2013) for LA countries are reviewed. The Business Ethics Index can be a leading indicator of economic growth (Tsalikis, et al., 2011). Good business ethics generate trust and lead to sustained economic growth (Hunt, 2012).

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Chandan, Harish C. „Business Ethics in Latin America and Its Impact on Sustained Economic Growth“. In Human Rights and Ethics, 484–504. IGI Global, 2015. http://dx.doi.org/10.4018/978-1-4666-6433-3.ch027.

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Saiya, Nilay. „Holy Humanitarians? Christianity and Human Rights“. In The Global Politics of Jesus, 163–96. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780197638835.003.0006.

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This chapter deals with the intersection of Christianity and human rights. It argues that support for human rights runs deep in the Christian DNA. The claim that human rights are integral to Christian doctrine raises the important question, though, of why Christians have vacillated in support of them throughout Christian history. This chapter makes the case that Christians have been most supportive of human rights—in particular, women’s rights, racial justice, and religious freedom—when the church has maintained its distance from the state. Thus, in contexts where Christians have insisted on and been given space to act on the most fundamental teachings of their faith, they have been empowered to transform societies for the better in accordance with their understanding of the gospel message by demanding and promoting individual and corporal virtue.

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Konferenzberichte zum Thema "Corporate religious freedom"

Donlevy, James. „A Corporate Right to Freedom of Religion in Canada: Implications for Religious Schools“. In 2020 AERA Annual Meeting. Washington DC: AERA, 2020. http://dx.doi.org/10.3102/1570516.

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