Course Syllabus

JOHN CABOT UNIVERSITY

COURSE CODE: "PL/LAW 428"
COURSE NAME: "Religious Freedom in a Comparative Perspective"
SEMESTER & YEAR: Spring 2024

SYLLABUS

INSTRUCTOR: Pamela Harris
EMAIL: [email protected]
HOURS: MW 4:30 PM 5:45 PM
TOTAL NO. OF CONTACT HOURS: 45
CREDITS: 2
PREREQUISITES: Prerequisite: Junior Standing; Recommended: PL 210
OFFICE HOURS: M/W/F 11:30-13:30, TTH 14-16

COURSE DESCRIPTION:
This advanced seminar in comparative constitutional and human rights law explores the major legal and political questions posed by religious freedom rights. Students will enter into the debate over what is religious freedom in general, what is the proper place of religion (as a source of values, authority or social glue) in democratic societies, and what is its relationship to other important values, like gender equality and public health. We will focus on more specific conflicts over the formal relationship between religious and state authorities, the allocation of public wealth to religious communities, the place of religious symbols in the public sphere, state support for religious education, exemptions from general legal requirements for religious claims, traditional religious communities’ identity claims and expressive rights.

SUMMARY OF COURSE CONTENT:
1. What is religious freedom? Philosophical foundations and contemporary debates
2. Constitutional configurations of religious freedom: different modes of state support for, and control of, religious groups and individuals
3. Religious accommodations: holidays, rituals, conscientious objection, polygamy, circumcision
4. Religious symbols and expression in the public sphere: private and state-sponsored, in parliaments, courtrooms, parks and schools
5. Public support for religious education: religious instruction and prayer in public schools, state support for private religious education
6. Religious identity, sexual morality and gender equality: women's autonomy, gender equality and religious group rights

LEARNING OUTCOMES:

1.    Understanding of the basic political and philosophical issues arising from claim of religious freedom rights in multiple political and legal cultures.
2.    Understanding of constitutional context of religious freedom in different liberal, “secular” or nominally tolerant states.
3.     Familiarity with the law framing the rights of religious believers, strivers, doubters, dissidents and atheists in many different jurisdictions.
4.   Enriched understanding of current events.5. Ability to engage in high-level legal/political science research, argumentation and writing.

TEXTBOOK:

NONE

REQUIRED RESERVED READING:

NONE

RECOMMENDED RESERVED READING:

NONE

GRADING POLICY
-ASSESSMENT METHODS:

Assignment	Guidelines	Weight
Research Paper	20-page paper on a religious freedom question in a particular jurisdiction. Students will submit, and get feedback on their proposals (5%), outline & bibliography (10%), Presentation (5%), Final Paper (30%)	50%
Class Participation	Class participation, attendance and contribution to class discussion, mini research questions pertaining to your jurisdiction.	10%
2 Jurisictional Reports	Two 4-5 page assessments of particular religious freedom issues in chosen jurisdiction. 15% each	30%
Discussion leader	Each participant (alone or in pairs) will lead one class discussion, being responsible for the presentation of assigned reading, the moderation of student questions and answers.	10%

-ASSESSMENT CRITERIA:
AWork of this quality directly addresses the question or problem raised and provides a coherent argument displaying an extensive knowledge of relevant information or content. This type of work demonstrates the ability to critically evaluate concepts and theory and has an element of novelty and originality. There is clear evidence of a significant amount of reading beyond that required for the course
BThis is highly competent level of performance and directly addresses the question or problem raised.There is a demonstration of some ability to critically evaluatetheory and concepts and relate them to practice. Discussions reflect the student’s own arguments and are not simply a repetition of standard lecture andreference material. The work does not suffer from any major errors or omissions and provides evidence of reading beyond the required assignments.
CThis is an acceptable level of performance and provides answers that are clear but limited, reflecting the information offered in the lectures and reference readings.
DThis level of performances demonstrates that the student lacks a coherent grasp of the material.Important information is omitted and irrelevant points included.In effect, the student has barely done enough to persuade the instructor that s/he should not fail.
FThis work fails to show any knowledge or understanding of the issues raised in the question. Most of the material in the answer is irrelevant.

-ATTENDANCE REQUIREMENTS:

ATTENDANCE REQUIREMENTS AND EXAMINATION POLICY

Attendance is required. You may miss up to two regular class meetings before this starts to affect your class participation grade.

You cannot make-up a major exam (midterm or final) without the permission of the Dean’s Office. The Dean’s Office will grant such permission only when the absence was caused by a serious impediment, such as a documented illness, hospitalization or death in the immediate family (in which you must attend the funeral) or other situations of similar gravity. Absences due to other meaningful conflicts, such as job interviews, family celebrations, travel difficulties, student misunderstandings or personal convenience, will not be excused. Students who will be absent from a major exam must notify the Dean’s Office prior to that exam. Absences from class due to the observance of a religious holiday will normally be excused. Individual students who will have to miss class to observe a religious holiday should notify the instructor by the end of the Add/Drop period to make prior arrangements for making up any work that will be missed.

Students seeking a Dean's Office excuse should submit the Excused Absences form: https://forms.office.com/Pages/ResponsePage.aspx?id=JjSgbcXUYUyLWwzRnlSs6eIgbYvYjK1IoctPI6J6xoFUOVo3S1BaVDJWTEdPMDE2OTdSMExJOEdaNC4u

ACADEMIC HONESTY
As stated in the university catalog, any student who commits an act of academic dishonesty will receive a failing grade on the work in which the dishonesty occurred. In addition, acts of academic dishonesty, irrespective of the weight of the assignment, may result in the student receiving a failing grade in the course. Instances of academic dishonesty will be reported to the Dean of Academic Affairs. A student who is reported twice for academic dishonesty is subject to summary dismissal from the University. In such a case, the Academic Council will then make a recommendation to the President, who will make the final decision.

STUDENTS WITH LEARNING OR OTHER DISABILITIES
John Cabot University does not discriminate on the basis of disability or handicap. Students with approved accommodations must inform their professors at the beginning of the term. Please see the website for the complete policy.

SCHEDULE

I. What is Religious Freedom? Philosophical Foundations and Contemporary Debates

1-2.Introduction: religious freedom claims in contemporary conflicts

3-4. Foundations of Religious Toleration

Locke, A Letter Concerning Toleration (1689)

5-6. Religious Liberty in the Founding of the United States

Jefferson, The Virginia Act For Establishing Religious Freedom (1786); Letter to Danbury

Baptists (1802); Madison, Madison, Memorial and Remonstrance Against Religious Assessments

(1785)

II. Constitutional Configurations of Religious Freedom and Religious Faith: secularist, separation, laicité, neutrality, state religion, theocracy

7. Models of Religion-State Relationships

Stepans, The Multiple Secularisms of Democratic and Non-Democratic Regimes

8-9. Comparative Conceptions of Religious Liberty

Research constitution configuration of religious freedom in your jurisdiction.

10-11. State Recognition of Religious Communities

European Court of Human Rights, Case of Magyar Keresztény Mennonita Egyház and Others v.

Hungary (2014); research norms for recognition in your jurisdiction.

III. Public Accommodations for Religious Claims

12.History of Religious Accommodations in the United States

Nussbaum, Liberty of Conscience, pp. 115-20, 135-74

13. United States: contemporary issues in religious accommodations

14-15. Watch and discuss The Children Act. The novel by Ian McEwan highly recommended.

16-17. Religious liberty vs. children’s rights: can a European state categorically ban non-therapeutic circumcision?

IV. Religious Symbols and Expression in the Public Sphere

18. Public Displays of Religion in the U.S.

Nussbaum, pp. 252- 272; U.S.S.C, American Legion v. American Humanist Assn. (2018)

19. The Crucifix in Public Schools: Germany, Italy, European Court of Human Rights

Lautsi v. Italy (ECtHR 2011); Kruzifix-decision (BVerfGE 93, 1)

20-21. Religious Dress: “European values” and devout Muslim women

Leyla Şahin v. Turkey (ECtHR 2005) (cf. Ewaida and Others v. U.K. (ECtHR 2013));

Mancini, Patriarchy as the exclusive domain of the Other

V. Religion in Public Schools

22. Religious Instruction: U.S.

McCullum v. Board of Education (1948); USSC, Carson v. Makin (2022)

23.Religious Instruction: Italy

Ferrari, Religion and the Secular State in Italy

24.Religious Instruction: European and Comparative

Look at the Religlaw database and others to research religious instruction in your jurisdiction.

VI. Religious Identity, Family Values, Sexual Morality and Gender Equality

25.-26 Presentation of Research Papers

27-28. Women’s autonomy, gender equality and religious group rights

Shachar, Women, State and the Problem of Gender