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Author: Charles McCrary
Publisher: University of Chicago Press
ISBN: 0226817946
Category : Religion
Languages : en
Pages : 309
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Book Description
A novel account of the relationship between sincerity, religious freedom, and the secular in the United States. “Sincerely held religious belief” is now a common phrase in discussions of American religious freedom, from opinions handed down by the US Supreme Court to local controversies. The “sincerity test” of religious belief has become a cornerstone of US jurisprudence, framing what counts as legitimate grounds for First Amendment claims in the eyes of the law. In Sincerely Held, Charles McCrary provides an original account of how sincerely held religious belief became the primary standard for determining what legally counts as authentic religion. McCrary skillfully traces the interlocking histories of American sincerity, religion, and secularism starting in the mid-nineteenth century. He analyzes a diverse archive, including Herman Melville’s novel The Confidence-Man, vice-suppressing police, Spiritualist women accused of being fortune-tellers, eclectic conscientious objectors, secularization theorists, Black revolutionaries, and anti-LGBTQ litigants. Across this history, McCrary reveals how sincerity and sincerely held religious belief developed as technologies of secular governance, determining what does and doesn’t entitle a person to receive protections from the state. This fresh analysis of secularism in the United States invites further reflection on the role of sincerity in public life and religious studies scholarship, asking why sincerity has come to matter so much in a supposedly “post-truth” era.
Author: Charles McCrary
Publisher: University of Chicago Press
ISBN: 0226817946
Category : Religion
Languages : en
Pages : 309
Get Book Here
Book Description
A novel account of the relationship between sincerity, religious freedom, and the secular in the United States. “Sincerely held religious belief” is now a common phrase in discussions of American religious freedom, from opinions handed down by the US Supreme Court to local controversies. The “sincerity test” of religious belief has become a cornerstone of US jurisprudence, framing what counts as legitimate grounds for First Amendment claims in the eyes of the law. In Sincerely Held, Charles McCrary provides an original account of how sincerely held religious belief became the primary standard for determining what legally counts as authentic religion. McCrary skillfully traces the interlocking histories of American sincerity, religion, and secularism starting in the mid-nineteenth century. He analyzes a diverse archive, including Herman Melville’s novel The Confidence-Man, vice-suppressing police, Spiritualist women accused of being fortune-tellers, eclectic conscientious objectors, secularization theorists, Black revolutionaries, and anti-LGBTQ litigants. Across this history, McCrary reveals how sincerity and sincerely held religious belief developed as technologies of secular governance, determining what does and doesn’t entitle a person to receive protections from the state. This fresh analysis of secularism in the United States invites further reflection on the role of sincerity in public life and religious studies scholarship, asking why sincerity has come to matter so much in a supposedly “post-truth” era.
Author: Charles McCrary
Publisher: University of Chicago Press
ISBN: 0226817954
Category : Law
Languages : en
Pages : 309
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Book Description
"If you read Supreme Court opinions on cases involving First Amendment religion issues, you're likely to encounter the ubiquitous phrase "sincerely held religious belief." The "sincerity test" of religious belief has become a cornerstone of US jurisprudence, determining what counts as legitimate grounds for First Amendment claims in the eyes of the law. In Sincerely Held, Charles McCrary provides an original account of how "sincerely held religious belief" became the primary standard for determining what legally counts as genuine religion. McCrary traces the interlocking histories of sincerity, religion, and secularism in the US, starting in the mid-nineteenth century. He then shows how, in the 1940s, as the courts expanded the concept of religious freedom, they incorporated the notion of sincerity as a key element in determining religious freedom protections. The legal sincerity test was part of a larger trend in which the category "religion" became largely individualized and correlated with "belief." This linking of religion and belief, with all its Protestant underpinnings, is a central concern of critical secularism studies. McCrary contributes to this conversation by revealing the history of how sincerity and sincerely held religious belief developed as technologies of secular governance, constraining the type of subject one has to be in order to receive protections from the state"--
Author: Nelson Tebbe
Publisher: Harvard University Press
ISBN: 0674971434
Category : Law
Languages : en
Pages : 279
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Book Description
Tensions between religious freedom and equality law are newly strained in America. As lawmakers work to protect LGBT citizens and women seeking reproductive freedom, religious traditionalists assert their right to dissent from what they see as a new liberal orthodoxy. Some religious advocates are going further and expressing skepticism that egalitarianism can be defended with reasons at all. Legal experts have not offered a satisfying response—until now. Nelson Tebbe argues that these disputes, which are admittedly complex, nevertheless can be resolved without irrationality or arbitrariness. In Religious Freedom in an Egalitarian Age, he advances a method called social coherence, based on the way that people reason through moral problems in everyday life. Social coherence provides a way to reach justified conclusions in constitutional law, even in situations that pit multiple values against each other. Tebbe contends that reasons must play a role in the resolution of these conflicts, alongside interests and ideologies. Otherwise, the health of democratic constitutionalism could suffer. Applying this method to a range of real-world cases, Tebbe offers a set of powerful principles for mediating between religion and equality law, and he shows how they can lead to workable solutions in areas ranging from employment discrimination and public accommodations to government officials and public funding. While social coherence does not guarantee outcomes that will please the liberal Left, it does point the way toward reasoned, nonarbitrary solutions to the current impasse.
Author: Kathleen Dean Moore
Publisher: Oxford University Press
ISBN: 0195354265
Category : Philosophy
Languages : en
Pages : 284
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Book Description
In Pardons, Kathleen Dean Moore addresses a host of crucial questions surrounding acts of clemency, including what justifies pardoning power, who should be pardoned, and the definition of an unforgivable crime. Illustrating her arguments with rich and fascinating historical examples--some scandalous or funny, others inspiring or tragic--Moore examines the philosophy of pardons from King James II's practice of selling pardons for two shillings, through the debates of the Founding Fathers over pardoning power, to the record low number of pardons during recent U. S. administrations. Carefully analyzing the moral justification of clemency, Moore focuses on presidential pardons, revealing that over and over again--after the Civil War, after Prohibition, after the Vietnam War, and after Watergate--controversies about pardons have arisen at times when circumstances have prevented people from thinking dispassionately about them. Her groundbreaking study concludes with recommendations for the reform of presidential pardoning practices.
Author: Boris I. Bittker
Publisher: Cambridge University Press
ISBN: 1107071828
Category : Law
Languages : en
Pages : 1001
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Book Description
This book provides a comprehensive overview of religion and government in the United States, providing historical context to contemporary issues.
Author: Richard J. Moon
Publisher: UBC Press
ISBN: 0774858532
Category : Religion
Languages : en
Pages : 327
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Book Description
Law and Religious Pluralism in Canada seeks to elucidate the complex and often uneasy relationship between law and religion in democracies committed both to equal citizenship and religious pluralism. Leading socio-legal scholars consider the role of religious values in public decision making, government support for religious practices, and the restriction and accommodation by government of minority religious practices. They examine such current issues as the legal recognition of sharia arbitration, the re-definition of civil marriage, and the accommodation of religious practice in the public sphere.
Author: Paul Enríquez
Publisher: Cambridge University Press
ISBN: 1108613624
Category : Law
Languages : en
Pages : 441
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Book Description
History will mark the twenty-first century as the dawn of the age of precise genetic manipulation. Breakthroughs in genome editing are poised to enable humankind to fundamentally transform life on Earth. Those familiar with genome editing understand its potential to revolutionize civilization in ways that surpass the impact of the discovery of electricity and the development of gunpowder, the atomic bomb, or the Internet. Significant questions regarding how society should promote or hinder genome editing loom large in the horizon. And it is up to humans to decide the fate of this powerful technology. Rewriting Nature is a compelling, thought-provoking interdisciplinary exploration of the law, science, and policy of genome editing. The book guides readers through complex legal, scientific, ethical, political, economic, and social issues concerning this emerging technology, and challenges the conventional false dichotomy often associated with science and law, which contributes to a growing divide between both fields.
Author: Don Adams
Publisher: Taylor & Francis
ISBN: 1317052900
Category : History
Languages : en
Pages : 200
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Book Description
For Socrates, philosophy is not like Christian conversion from error to truth, but rather it is like the pagan process whereby a young man is initiated into cult mysteries by a more experienced man - the mystagogos - who prepares him and leads him to the sacred precinct. In Greek cult religion, the mystagogos prepared the initiate for the esoteric mysteries revealed by the hierophant. Socrates treats traditional wisdom with scepticism, and this makes him appear ridiculous or dangerous in the eyes of cultural conservatives. Nevertheless, his scepticism is not radical: custom is not something on which we must turn our backs if we are to pursue the truth. Socrates assumes an epistemology and employs a method by which he induces his companions to begin the critical and self-critical process of philosophical inquiry, not ignoring conventional wisdom, but thinking through and reinterpreting it as they make constructive progress towards the truth. He provides conclusive and convincing arguments in support of controversial answers to some of the most important moral questions he poses.
Author: California. Legislature. Senate
Publisher:
ISBN:
Category : California
Languages : en
Pages : 1778
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Book Description
Author: George J. Gatgounis
Publisher: Wipf and Stock Publishers
ISBN: 1666759481
Category : Religion
Languages : en
Pages : 229
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Book Description
The Constitutional Case for Religious Exemptions from Federal Vaccine Mandates by the Rev. Dr. George Gatgounis, Esq., leads off with a legal brief by attorney Gatgounis arguing why mandating a vaccine despite a religious objection of an individual is unconstitutional. This very thorough volume also includes an extensive digest of South Carolina legal cases regarding religion and the full text of several other key lawsuits also arguing against forcing vaccines despite religious objections.
