The Legal Foundations of Religious Freedom
Human Rights in the United States and Europe
Published on 1. April 2026
Book
Paperback/Softback
240 pages
978-0-268-21063-2 (ISBN)
Description
The Legal Foundations of Religious Freedom documents the essential interdependence of human rights and religious freedom in the West, from antiquity to the present.
In The Legal Foundations of Religious Freedom, authors John Witte Jr. and Andrea Pin explore the Christian and secular origins of rights in the Western legal tradition and the complex interplay between human rights and religious freedom norms in modern law, religion, and culture. They analyze historical documents and recent cases from the United States Supreme Court, the European Court of Human Rights, and the Court of Justice of the European Union to articulate the historical, theoretical, and legal tension of human rights and religious freedom on both sides of the Atlantic. The authors contrast the serious threats to new religious minorities and traditional religious accommodations with firm new protections of religious freedoms in both Europe and America.
Ultimately calling for robust protection of the fundamental rights and liberties of all people and faiths, Witte and Pin caution that religious freedom and other human rights claims can only do so much to bridge the widening cultural divides over law and religion in modern Western societies. It is our responsibility to embrace the fundamental goods of dignity, fraternity, and justice.
In The Legal Foundations of Religious Freedom, authors John Witte Jr. and Andrea Pin explore the Christian and secular origins of rights in the Western legal tradition and the complex interplay between human rights and religious freedom norms in modern law, religion, and culture. They analyze historical documents and recent cases from the United States Supreme Court, the European Court of Human Rights, and the Court of Justice of the European Union to articulate the historical, theoretical, and legal tension of human rights and religious freedom on both sides of the Atlantic. The authors contrast the serious threats to new religious minorities and traditional religious accommodations with firm new protections of religious freedoms in both Europe and America.
Ultimately calling for robust protection of the fundamental rights and liberties of all people and faiths, Witte and Pin caution that religious freedom and other human rights claims can only do so much to bridge the widening cultural divides over law and religion in modern Western societies. It is our responsibility to embrace the fundamental goods of dignity, fraternity, and justice.
Reviews / Votes
"The ideal entry point for anyone wanting to gain a general and authoritative understanding of the history and development of religious liberty in Europe and the United States from its origins to the latest judicial developments." -Paolo G. Carozza, co-author of Regional Protection of Human Rights"Adroit and penetrating, these renowned masters in their field have confected a long-overdue and readily accessible text that is authoritative as well as challenging for scholars, practitioners, and judges." -Mark Hill KC, Global Distinguished Professor of Law, Notre Dame London
"Written by two of the most distinguished scholars in the field of law and religion today, this book provides a robust, reasoned, and reflective defence of the connection of human rights to religious freedom. Crystal-clear, richly evidenced, and thought-provoking, the book is superb: essential for students of law and religion." -Norman Doe, professor of law, Cardiff University, Bencher of the Inner Temple, Chancellor of the Diocese of Bangor, and Fellow of the British Academy
More details
Series
Language
English
Place of publication
Notre Dame IN
United States
Target group
Professional and scholarly
Dimensions
Height: 229 mm
Width: 152 mm
Thickness: 17 mm
Weight
465 gr
ISBN-13
978-0-268-21063-2 (9780268210632)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
John Witte Jr | Andrea Pin
The Legal Foundations of Religious Freedom
Human Rights in the United States and Europe
E-Book
04/2026
University of Notre Dame Press
€27.49
Available for download
Persons
John Witte Jr. is Robert W. Woodruff Professor of Law, McDonald Distinguished Professor of Religion, and faculty director of the Center for the Study of Law and Religion at Emory University. He is the author of The Blessings of Liberty: Human Rights and Religious Freedom in the Western Legal Tradition and co-author of Religion and the American Constitutional Experiment.
Andrea Pin is professor of comparative law at the University of Padua, Italy. He is the author of The Legal Treatment of Muslim Minorities in Italy: Islam and the Neutral State and Religious Freedom without the Rule of Law: The Constitutional Odysseys of Afghanistan, Egypt, and Iraq and the Fate of the Middle East.
Andrea Pin is professor of comparative law at the University of Padua, Italy. He is the author of The Legal Treatment of Muslim Minorities in Italy: Islam and the Neutral State and Religious Freedom without the Rule of Law: The Constitutional Odysseys of Afghanistan, Egypt, and Iraq and the Fate of the Middle East.
Content
Introduction
Part 1. Human Rights and Religious Freedom in the Western Legal Tradition
1. Introduction
2. The Development of Human Rights
3. Human Rights in Early Modern Europe
4. The Development of Religious Freedom
5. Religious Freedom in the International Human Rights Framework
6. Conclusions
Part 2. Religious Freedom in the Contemporary West
7. Introduction
8. Religious Freedom in the Supreme Court of the United States
9. Religious Freedom and Human Rights in Europe
10. Religious Freedom Cases in the European Court of Human Rights
11. Religious Freedom in the Court of Justice of the European Union
12. Comparing Religious Freedom in the American and European Courts
13. The Myth of Religious Neutrality in the West
14. Islam in the West
15. Conclusions
Part 3. The Future of Human Rights and Religious Freedom
16. Introduction
17. Critics of Human Rights. Doubting the Skeptics
18. Critics of Religious Freedom
19. Conflict, Disagreement and Reconciliation
20. Human Dignity as the Foundation of Human Rights and Religious Freedom
21. Conclusions
Part 1. Human Rights and Religious Freedom in the Western Legal Tradition
1. Introduction
2. The Development of Human Rights
3. Human Rights in Early Modern Europe
4. The Development of Religious Freedom
5. Religious Freedom in the International Human Rights Framework
6. Conclusions
Part 2. Religious Freedom in the Contemporary West
7. Introduction
8. Religious Freedom in the Supreme Court of the United States
9. Religious Freedom and Human Rights in Europe
10. Religious Freedom Cases in the European Court of Human Rights
11. Religious Freedom in the Court of Justice of the European Union
12. Comparing Religious Freedom in the American and European Courts
13. The Myth of Religious Neutrality in the West
14. Islam in the West
15. Conclusions
Part 3. The Future of Human Rights and Religious Freedom
16. Introduction
17. Critics of Human Rights. Doubting the Skeptics
18. Critics of Religious Freedom
19. Conflict, Disagreement and Reconciliation
20. Human Dignity as the Foundation of Human Rights and Religious Freedom
21. Conclusions