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

• 1. Introduction Carolyn Evans; 2. The moral economy of religious freedom Lawrence G. Sager; 3. Understanding the religion in freedom of religion Jeremy Webber; 4. Why religion belongs in the private sphere, not the public square Denise Meyerson; 5. Pluralism and Law and religion Margaret Davies; 6. The Influence of cultural conflict on the jurisprudence of the religion clauses of the First Amendment Michael W. McConnell; 7. From Dayton to Dover: the legacy of the Scopes trial Peter Radan; 8. A very English affair: establishment and human rights in an organic constitution Charlotte Smith; 9. Days of rest in multicultural societies: private, public, separate? Ruth Gavison and Nahshon Perez; 10. Australian Legal procedures and the protection of secret Aboriginal spiritual beliefs: a fundamental conflict Ernst Willheim; 11. Secular and religious conscientious exemptions: between tolerance and equality Yossi Nehushtan; 12. Law's sacred and secular subjects Ngaire Naffine; 13. Freedom of religion and the European Convention on Human Rights: Approaches, trends and tensions Malcolm D. Evans.