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Author: Paul Horwitz
Publisher: Oxford University Press, USA
ISBN: 019973772X
Category : Language Arts & Disciplines
Languages : en
Pages : 351
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Book Description
"Argues that the fundamental reason for church-state conflict is our aversion to questions of religious truth. By trying to avoid the question of religious truth, law and religion has ultimately reached a state of incoherence. He asserts that the answer to this dilemma is to take the agnostic turn: to take an empathetic and imaginative approach to questions of religious truth, one that actually confronts rather than avoids these questions, but without reaching a final judgment about what that truth is"--Jacket.
Author: Paul Horwitz
Publisher: Oxford University Press, USA
ISBN: 019973772X
Category : Language Arts & Disciplines
Languages : en
Pages : 351
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Book Description
"Argues that the fundamental reason for church-state conflict is our aversion to questions of religious truth. By trying to avoid the question of religious truth, law and religion has ultimately reached a state of incoherence. He asserts that the answer to this dilemma is to take the agnostic turn: to take an empathetic and imaginative approach to questions of religious truth, one that actually confronts rather than avoids these questions, but without reaching a final judgment about what that truth is"--Jacket.
Author: David Barton
Publisher: Wallbuilder Press
ISBN: 9781932225266
Category : Law
Languages : en
Pages : 548
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Book Description
In their own words, the Supreme Court has become "a national theology board," "a super board of education," and amateur psychologists on a "psycho-journey." The result has been a virtual rewriting of the liberties enumerated in the Constitution. A direct victim of this judicial micromanagement has been the religious aspect of the First Amendment. For example, the Court now interprets that Amendment under: a "Lemon Test" absurdly requiring religious expression to be secular, an "Endorsement Test" pursuing an impossible neutrality between religion and secularism, and a "Psychological Coercion Test" allowing a single dissenter to silence an entire community's religious expression. Additional casualties of judicial activism have included protections for State's rights, local controls, separation of powers, legislative supremacy, and numerous other constitutional provisions. Why did earlier Courts protect these powers for generations, and what has caused their erosion by contemporary Courts? Original Intent answers these questions. By relying on thousands of primary sources, Original Intent documents (in the Founding Fathers' own words) not only the plan for limited government originally set forth in the Constitution and Bill of Rights but how that vision can once again become reality. Book jacket.
Author: Christopher L. Eisgruber
Publisher: Harvard University Press
ISBN: 0674034457
Category : Political Science
Languages : en
Pages : 346
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Book Description
Religion has become a charged token in a politics of division. In disputes about faith-based social services, public money for religious schools, the Pledge of Allegiance, Ten Commandments monuments, the theory of evolution, and many other topics, angry contestation threatens to displace America's historic commitment to religious freedom. Part of the problem, the authors argue, is that constitutional analysis of religious freedom has been hobbled by the idea of "a wall of separation" between church and state. That metaphor has been understood to demand that religion be treated far better than other concerns in some contexts, and far worse in others. Sometimes it seems to insist on both contrary forms of treatment simultaneously. Missing has been concern for the fair and equal treatment of religion. In response, the authors offer an understanding of religious freedom called Equal Liberty. Equal Liberty is guided by two principles. First, no one within the reach of the Constitution ought to be devalued on account of the spiritual foundation of their commitments. Second, all persons should enjoy broad rights of free speech, personal autonomy, associative freedom, and private property. Together, these principles are generous and fair to a wide range of religious beliefs and practices. With Equal Liberty as their guide, the authors offer practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. Their book calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.
Author: Michael W. McConnell
Publisher:
ISBN: 9780735561373
Category : Law
Languages : en
Pages : 0
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Book Description
Refresh your course in Religious Liberty, Religion and the Constitution, or Religious Institutions and the Law with this timely revision. Religion and the Constitution, Second Edition, pays careful attention to significant recent developments as it
Author: Geoffrey R. Stone
Publisher: Liveright Publishing
ISBN: 1631493655
Category : Law
Languages : en
Pages : 935
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Book Description
A New York Times Book Review Editors’ Choice Selection A “volume of lasting significance” that illuminates how the clash between sex and religion has defined our nation’s history (Lee C. Bollinger, president, Columbia University). Lauded for “bringing a bracing and much-needed dose of reality about the Founders’ views of sexuality” (New York Review of Books), Geoffrey R. Stone’s Sex and the Constitution traces the evolution of legal and moral codes that have legislated sexual behavior from America’s earliest days to today’s fractious political climate. This “fascinating and maddening” (Pittsburgh Post-Gazette) narrative shows how agitators, moralists, and, especially, the justices of the Supreme Court have navigated issues as divisive as abortion, homosexuality, pornography, and contraception. Overturning a raft of contemporary shibboleths, Stone reveals that at the time the Constitution was adopted there were no laws against obscenity or abortion before the midpoint of pregnancy. A pageant of historical characters, including Voltaire, Thomas Jefferson, Anthony Comstock, Margaret Sanger, and Justice Anthony Kennedy, enliven this “commanding synthesis of scholarship” (Publishers Weekly) that dramatically reveals how our laws about sex, religion, and morality reflect the cultural schisms that have cleaved our nation from its founding.
Author: Martin E. Marty
Publisher: Harvard University Press
ISBN: 9780674638273
Category : Political Science
Languages : en
Pages : 262
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Book Description
E pluribus unum no longer holds. Out of the many have come as many claims and grievances, all at war with the idea of one nation undivided. The damage thus done to our national life, as too few Americans seek a common good, is Martin Marty's concern. His book is an urgent call for repair and a personal testament toward resolution. A world-renowned authority on religion and ethics in America, Marty gives a judicious account (itself a rarity and a relief in our day of uncivil discourse) of how the body politic has been torn between the imperative of one people, one voice, and the separate urgings of distinct identities--racial, ethnic, religious, gendered, ideological, economic. Foreseeing an utter deadlock in public life, with devastating consequences, if this continues, he envisions steps we might take to carry America past the new turbulence. While the grand story of oneness eludes us (and probably always will), Marty reminds us that we do have a rich, ever-growing, and ever more inclusive repertory of myths, symbols, histories, and, most of all, stories on which to draw. He pictures these stories, with their diverse interpretations, as part of a conversation that crosses the boundaries of groups. Where argument polarizes and deafens, conversation is open ended, guided by questions, allowing for inventiveness, fair play, and dignity for all. It serves as a medium in Marty's broader vision, which replaces the restrictive, difficult, and perhaps unattainable ideal of "community" with the looser, more workable idea of "association." An "association of associations" is what Marty contemplates, and for the spirit and will to promote it he looks to eighteenth-century motifs of sentiment and affection, convergences of intellect and emotion that develop from shared experience. And as this book so eloquently reminds us, America, however diverse, is an experience we all share.
Author: James H. Hutson
Publisher:
ISBN:
Category : History
Languages : en
Pages : 156
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Book Description
A balanced and lively look at the role of religion between colonization and the 1840s.
Author: Kenneth D. Wald
Publisher: Rowman & Littlefield
ISBN: 1442225556
Category : Religion
Languages : en
Pages : 497
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Book Description
From marriage equality, to gun control, to immigration reform and the threat of war, religion plays a fascinating and crucial part in our nation's political process and in our culture at large. Now in its seventh edition, Religion and Politics in the United States includes analyses of the nation's most pressing political matters regarding religious freedom, and the ways in which that essential constitutional freedom situates itself within modern America. The book also explores the ways that religion has affected the orientation of partisan politics in the United States. Through a detailed review of the political attitudes and behaviors of major religious and minority faith traditions, the book establishes that religion continues to be a major part of the American cultural and political milieu while explaining that it must interact with many other factors to influence political outcomes in the United States.
Author: Kent Greenawalt
Publisher: Princeton University Press
ISBN: 1400827523
Category : Law
Languages : en
Pages : 470
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Book Description
Balancing respect for religious conviction and the values of liberal democracy is a daunting challenge for judges and lawmakers, particularly when religious groups seek exemption from laws that govern others. Should members of religious sects be able to use peyote in worship? Should pacifists be forced to take part in military service when there is a draft, and should this depend on whether they are religious? How can the law address the refusal of parents to provide medical care to their children--or the refusal of doctors to perform abortions? Religion and the Constitution presents a new framework for addressing these and other controversial questions that involve competing demands of fairness, liberty, and constitutional validity. In the first of two major volumes on the intersection of constitutional and religious issues in the United States, Kent Greenawalt focuses on one of the Constitution's main clauses concerning religion: the Free Exercise Clause. Beginning with a brief account of the clause's origin and a short history of the Supreme Court's leading decisions about freedom of religion, he devotes a chapter to each of the main controversies encountered by judges and lawmakers. Sensitive to each case's context in judging whether special treatment of religious claims is justified, Greenawalt argues that the state's treatment of religion cannot be reduced to a single formula. Calling throughout for religion to be taken more seriously as a force for meaning in people's lives, Religion and the Constitution aims to accommodate the maximum expression of religious conviction that is consistent with a commitment to fairness and the public welfare.
Author: Aslı Ü. Bâli
Publisher: Cambridge University Press
ISBN: 9781107694545
Category : Law
Languages : en
Pages : 0
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Book Description
What role do and should constitutions play in mitigating intense disagreements over the religious character of a state? And what kind of constitutional solutions might reconcile democracy with the type of religious demands raised in contemporary democratising or democratic states? Tensions over religion-state relations are gaining increasing salience in constitution writing and rewriting around the world. This book explores the challenge of crafting a democratic constitution under conditions of deep disagreement over a state's religious or secular identity. It draws on a broad range of relevant case studies of past and current constitutional debates in Europe, Asia, Africa and the Middle East, and offers valuable lessons for societies soon to embark on constitution drafting or amendment processes where religion is an issue of contention.
