A blogpost by Professor C. Scott Pryor of Regent University School of Law on the above topic generously makes mention of my recent, co-authored article on ‘The State, Civil Society and Religious Freedom’.
From the blogpost:
‘Rights of associations–churches, families, organizations, etc.– are an increasingly important concept as the depth of legal penetration by modern States grows ever greater. The “contraceptive mandate” of the recent health care law is an example of this problem in America: Will associations, outside a narrow understanding of “religious” ones, be required to provide health insurance coverage inconsistent with their formative understandings?’
Read the full blogpost, with several links to Pryor’s own work in the field, at http://pryorthoughts.blogspot.nl/2013/01/freedom-of-associations.html.
The free link to the above article, that I co-authored with Jaco van den Brink, is: http://ojlr.oxfordjournals.org/cgi/content/full/rws043?
The abstract of the article reads as follows:
‘How is the legal principle of religious freedom supposed to regulate the relationship between state and religion, especially in cases where state and religion seem to make competing claims? This article argues that, in order to fully appreciate this complex relationship, we need to reflect on the proper place of the state within society. In both the Catholic and the Reformed lines of thought it has traditionally been emphasized that society doesn’t consist merely of individuals and a state. There are also a variety of institutions (eg families and civil society organizations) providing different, yet equally necessary, goods. Applying this way of thinking about the state in a theory on religious freedom, provides a distinctive and promising theoretical point of view and is more likely to guarantee adequate protection in a range of current religious freedom cases in both Europe and the United States than the dominant individual autonomy perspective.’
The URL in this post currently takes you to the Advance Access version of our paper. Once the article appears in a paginated issue, the link will automatically lead to the latest version.