Author: Paul Finkelman
Publisher: Routledge
ISBN: 1351269631
Category : Political Science
Languages : en
Pages : 2570
Book Description
Originally published in 2006, the Encyclopedia of American Civil Liberties, is a comprehensive 3 volume set covering a broad range of topics in the subject of American Civil Liberties. The book covers the topic from numerous different areas including freedom of speech, press, religion, assembly and petition. The Encyclopedia also addresses areas such as the Constitution, the Bill of Rights, slavery, censorship, crime and war. The book’s multidisciplinary approach will make it an ideal library reference resource for lawyers, scholars and students.
Separation of Church and State
Author: Philip HAMBURGER
Publisher: Harvard University Press
ISBN: 0674038185
Category : Law
Languages : en
Pages : 529
Book Description
In a powerful challenge to conventional wisdom, Philip Hamburger argues that the separation of church and state has no historical foundation in the First Amendment. The detailed evidence assembled here shows that eighteenth-century Americans almost never invoked this principle. Although Thomas Jefferson and others retrospectively claimed that the First Amendment separated church and state, separation became part of American constitutional law only much later. Hamburger shows that separation became a constitutional freedom largely through fear and prejudice. Jefferson supported separation out of hostility to the Federalist clergy of New England. Nativist Protestants (ranging from nineteenth-century Know Nothings to twentieth-century members of the K.K.K.) adopted the principle of separation to restrict the role of Catholics in public life. Gradually, these Protestants were joined by theologically liberal, anti-Christian secularists, who hoped that separation would limit Christianity and all other distinct religions. Eventually, a wide range of men and women called for separation. Almost all of these Americans feared ecclesiastical authority, particularly that of the Catholic Church, and, in response to their fears, they increasingly perceived religious liberty to require a separation of church from state. American religious liberty was thus redefined and even transformed. In the process, the First Amendment was often used as an instrument of intolerance and discrimination.
Publisher: Harvard University Press
ISBN: 0674038185
Category : Law
Languages : en
Pages : 529
Book Description
In a powerful challenge to conventional wisdom, Philip Hamburger argues that the separation of church and state has no historical foundation in the First Amendment. The detailed evidence assembled here shows that eighteenth-century Americans almost never invoked this principle. Although Thomas Jefferson and others retrospectively claimed that the First Amendment separated church and state, separation became part of American constitutional law only much later. Hamburger shows that separation became a constitutional freedom largely through fear and prejudice. Jefferson supported separation out of hostility to the Federalist clergy of New England. Nativist Protestants (ranging from nineteenth-century Know Nothings to twentieth-century members of the K.K.K.) adopted the principle of separation to restrict the role of Catholics in public life. Gradually, these Protestants were joined by theologically liberal, anti-Christian secularists, who hoped that separation would limit Christianity and all other distinct religions. Eventually, a wide range of men and women called for separation. Almost all of these Americans feared ecclesiastical authority, particularly that of the Catholic Church, and, in response to their fears, they increasingly perceived religious liberty to require a separation of church from state. American religious liberty was thus redefined and even transformed. In the process, the First Amendment was often used as an instrument of intolerance and discrimination.
Encyclopedia of American Civil Liberties
Author: Paul Finkelman
Publisher: Routledge
ISBN: 1351269631
Category : Political Science
Languages : en
Pages : 2570
Book Description
Originally published in 2006, the Encyclopedia of American Civil Liberties, is a comprehensive 3 volume set covering a broad range of topics in the subject of American Civil Liberties. The book covers the topic from numerous different areas including freedom of speech, press, religion, assembly and petition. The Encyclopedia also addresses areas such as the Constitution, the Bill of Rights, slavery, censorship, crime and war. The book’s multidisciplinary approach will make it an ideal library reference resource for lawyers, scholars and students.
Publisher: Routledge
ISBN: 1351269631
Category : Political Science
Languages : en
Pages : 2570
Book Description
Originally published in 2006, the Encyclopedia of American Civil Liberties, is a comprehensive 3 volume set covering a broad range of topics in the subject of American Civil Liberties. The book covers the topic from numerous different areas including freedom of speech, press, religion, assembly and petition. The Encyclopedia also addresses areas such as the Constitution, the Bill of Rights, slavery, censorship, crime and war. The book’s multidisciplinary approach will make it an ideal library reference resource for lawyers, scholars and students.
The Clergy Sex Abuse Crisis and the Legal Responses
Author: James T. O'Reilly
Publisher: Oxford University Press
ISBN: 0199350124
Category : Law
Languages : en
Pages : 474
Book Description
The sexual abuse of children and teens by rogue priests in the U.S. Catholic Church is a heinous crime, and those who pray for a religious community as its ministers, priests and rabbis should never tolerate those who prey on that community. The legal disputes of recent years have produced many scandalous headlines and fuelled public discussion about the sexual abuse crisis within the clergy, a crisis that has cost the U.S. Catholic Church over $3 billion. In The Clergy Sex Abuse Crisis and the Legal Responses, two eminent experts, James O'Reilly and Margaret Chalmers, draw on the lessons of recent years to discern the interplay between civil damages law and global church-based canon law. In some countries civil and canon law, although autonomous systems of law, both form part of the church's legal duties. In the United States, freedom of religion issues have complicated how the state adjudicates both cases of abuse and who can be held responsible for clerical oversight. This book examines questions of civil and criminal liability, issues of respondeat superior and oversight, issues with statutes of limitations and dealing with allegations that occurred decades ago, and how the Church's internal judicial processes interact or clash with the civil pursuit of these cases.
Publisher: Oxford University Press
ISBN: 0199350124
Category : Law
Languages : en
Pages : 474
Book Description
The sexual abuse of children and teens by rogue priests in the U.S. Catholic Church is a heinous crime, and those who pray for a religious community as its ministers, priests and rabbis should never tolerate those who prey on that community. The legal disputes of recent years have produced many scandalous headlines and fuelled public discussion about the sexual abuse crisis within the clergy, a crisis that has cost the U.S. Catholic Church over $3 billion. In The Clergy Sex Abuse Crisis and the Legal Responses, two eminent experts, James O'Reilly and Margaret Chalmers, draw on the lessons of recent years to discern the interplay between civil damages law and global church-based canon law. In some countries civil and canon law, although autonomous systems of law, both form part of the church's legal duties. In the United States, freedom of religion issues have complicated how the state adjudicates both cases of abuse and who can be held responsible for clerical oversight. This book examines questions of civil and criminal liability, issues of respondeat superior and oversight, issues with statutes of limitations and dealing with allegations that occurred decades ago, and how the Church's internal judicial processes interact or clash with the civil pursuit of these cases.
The Encyclopedia of American Civil Liberties
Author: Paul Finkelman
Publisher: Taylor & Francis
ISBN: 0415943426
Category : Civil rights
Languages : en
Pages : 2076
Book Description
Publisher Description
Publisher: Taylor & Francis
ISBN: 0415943426
Category : Civil rights
Languages : en
Pages : 2076
Book Description
Publisher Description
Law in American Meetinghouses
Author: Jeffrey Thomas Perry
Publisher: JHU Press
ISBN: 1421443082
Category : History
Languages : en
Pages : 178
Book Description
A revealing look at the changing role of churches in the decades after the American Revolution. Most Americans today would not think of their local church as a site for arbitration and would probably be hesitant to bring their property disputes, moral failings, or personal squabbles to their kin and neighbors for judgment. But from the Revolutionary Era through the mid-nineteenth century, many Protestants imbued local churches with immense authority. Through their ritual practice of discipline, churches insisted that brethren refrain from suing each other before "infidels" at local courts and claimed jurisdiction over a range of disputes: not only moral issues such as swearing, drunkenness, and adultery but also matters more typically considered to be under the purview of common law and courts of equity, including disputes over trespass, land, probate, slave warranty, and theft. In Law in American Meetinghouses, Jeffrey Thomas Perry explores the ways that ordinary Americans—Black and white, enslaved and free—understood and created law in their local communities, uncovering a vibrant marketplace of authority in which church meetinghouses played a central role in maintaining their neighborhoods' social peace. Churches were once prominent sites for the creation of local law and in this period were a primary arena in which civil and religious authority collided and shaped one another. When church discipline failed, the wronged parties often pushed back, and their responses highlight the various forces that ultimately hindered that venue's ability to effectively arbitrate disputes between members. Relying primarily on a deep reading of church records and civil case files, Perry examines how legal transformations, an expanding market economy, and religious controversy led churchgoers to reimagine their congregations' authority. By the 1830s, unable to resolve doctrinal quibbles within the fellowship, church factions turned to state courts to secure control over their meetinghouses, often demanding that judges wade into messy ecclesiastical disputes. Tracking changes in disciplinary rigor in Kentucky Baptist churches from that state's frontier period through 1845, and looking beyond statutes and court decrees, Law in American Meetinghouses is a fresh take on church-state relations. Ultimately, it highlights an oft-forgotten way that Americans subtly repositioned religious institutions alongside state authority.
Publisher: JHU Press
ISBN: 1421443082
Category : History
Languages : en
Pages : 178
Book Description
A revealing look at the changing role of churches in the decades after the American Revolution. Most Americans today would not think of their local church as a site for arbitration and would probably be hesitant to bring their property disputes, moral failings, or personal squabbles to their kin and neighbors for judgment. But from the Revolutionary Era through the mid-nineteenth century, many Protestants imbued local churches with immense authority. Through their ritual practice of discipline, churches insisted that brethren refrain from suing each other before "infidels" at local courts and claimed jurisdiction over a range of disputes: not only moral issues such as swearing, drunkenness, and adultery but also matters more typically considered to be under the purview of common law and courts of equity, including disputes over trespass, land, probate, slave warranty, and theft. In Law in American Meetinghouses, Jeffrey Thomas Perry explores the ways that ordinary Americans—Black and white, enslaved and free—understood and created law in their local communities, uncovering a vibrant marketplace of authority in which church meetinghouses played a central role in maintaining their neighborhoods' social peace. Churches were once prominent sites for the creation of local law and in this period were a primary arena in which civil and religious authority collided and shaped one another. When church discipline failed, the wronged parties often pushed back, and their responses highlight the various forces that ultimately hindered that venue's ability to effectively arbitrate disputes between members. Relying primarily on a deep reading of church records and civil case files, Perry examines how legal transformations, an expanding market economy, and religious controversy led churchgoers to reimagine their congregations' authority. By the 1830s, unable to resolve doctrinal quibbles within the fellowship, church factions turned to state courts to secure control over their meetinghouses, often demanding that judges wade into messy ecclesiastical disputes. Tracking changes in disciplinary rigor in Kentucky Baptist churches from that state's frontier period through 1845, and looking beyond statutes and court decrees, Law in American Meetinghouses is a fresh take on church-state relations. Ultimately, it highlights an oft-forgotten way that Americans subtly repositioned religious institutions alongside state authority.
Directory of American Scholars
Author:
Publisher: R. R. Bowker
ISBN:
Category : Biography & Autobiography
Languages : en
Pages : 738
Book Description
Publisher: R. R. Bowker
ISBN:
Category : Biography & Autobiography
Languages : en
Pages : 738
Book Description
American Covenant
Author: Philip Gorski
Publisher: Princeton University Press
ISBN: 0691191670
Category : History
Languages : en
Pages : 344
Book Description
The long battle between exclusionary and inclusive versions of the American story Was America founded as a Christian nation or a secular democracy? Neither, argues Philip Gorski in American Covenant. What the founders envisioned was a prophetic republic that would weave together the ethical vision of the Hebrew prophets and the Western political heritage of civic republicanism. In this eye-opening book, Gorski shows why this civil religious tradition is now in peril—and with it the American experiment. American Covenant traces the history of prophetic republicanism from the Puritan era to today, providing insightful portraits of figures ranging from John Winthrop and W.E.B. Du Bois to Jerry Falwell, Ronald Reagan, and Barack Obama. Featuring a new preface by the author, this incisive book demonstrates how half a century of culture war has drowned out the quieter voices of the vital center, and demonstrates that if we are to rebuild that center, we must recover the civil religious tradition on which the republic was founded.
Publisher: Princeton University Press
ISBN: 0691191670
Category : History
Languages : en
Pages : 344
Book Description
The long battle between exclusionary and inclusive versions of the American story Was America founded as a Christian nation or a secular democracy? Neither, argues Philip Gorski in American Covenant. What the founders envisioned was a prophetic republic that would weave together the ethical vision of the Hebrew prophets and the Western political heritage of civic republicanism. In this eye-opening book, Gorski shows why this civil religious tradition is now in peril—and with it the American experiment. American Covenant traces the history of prophetic republicanism from the Puritan era to today, providing insightful portraits of figures ranging from John Winthrop and W.E.B. Du Bois to Jerry Falwell, Ronald Reagan, and Barack Obama. Featuring a new preface by the author, this incisive book demonstrates how half a century of culture war has drowned out the quieter voices of the vital center, and demonstrates that if we are to rebuild that center, we must recover the civil religious tradition on which the republic was founded.
Choice
Author:
Publisher:
ISBN:
Category : Academic libraries
Languages : en
Pages : 1118
Book Description
Publisher:
ISBN:
Category : Academic libraries
Languages : en
Pages : 1118
Book Description
The Politics of the Sacred in America
Author: Anthony Squiers
Publisher: Springer
ISBN: 3319688707
Category : Political Science
Languages : en
Pages : 186
Book Description
This book provides a comprehensive investigation of the political dimensions of civil religion in the United States. By employing an original social-psychological theory rooted in semiotics, it offers a qualitative and quantitative empirical examination of more than fifty years of political rhetoric. Further, it presents two in-depth case studies that examine how the cultural, totemic sign of ‘the Founding Fathers’ and the signs of America’s sacred texts (the Constitution and the Declaration of Independence) are used in attempts to link partisan policy positions with notions that the country collectively holds sacred. The book’s overarching thesis is that America’s civil religion serves as a discursive framework for the country’s politics of the sacred, mediating the demands of particularistic interests and social solidarity through the interaction of social belief and institutional politics like elections and the Supreme Court. The book penetrates America’s unique political religiosity to reveal and unravel the intricate ways in which politics, political institutions, religion and culture intertwine in the United States.
Publisher: Springer
ISBN: 3319688707
Category : Political Science
Languages : en
Pages : 186
Book Description
This book provides a comprehensive investigation of the political dimensions of civil religion in the United States. By employing an original social-psychological theory rooted in semiotics, it offers a qualitative and quantitative empirical examination of more than fifty years of political rhetoric. Further, it presents two in-depth case studies that examine how the cultural, totemic sign of ‘the Founding Fathers’ and the signs of America’s sacred texts (the Constitution and the Declaration of Independence) are used in attempts to link partisan policy positions with notions that the country collectively holds sacred. The book’s overarching thesis is that America’s civil religion serves as a discursive framework for the country’s politics of the sacred, mediating the demands of particularistic interests and social solidarity through the interaction of social belief and institutional politics like elections and the Supreme Court. The book penetrates America’s unique political religiosity to reveal and unravel the intricate ways in which politics, political institutions, religion and culture intertwine in the United States.
Religious Colleges and Universities in America
Author: Thomas Hunt
Publisher: Routledge
ISBN: 0429810415
Category : Education
Languages : en
Pages : 439
Book Description
Originally published in 1988 Religious Higher Education in the United States is a selected bibliography of sources addressing how religion has changed and affected education in the United States. This volume attempts to address the problems currently facing religious institutions of higher education, covering government aid and the regulation of religious colleges and universities in the US.
Publisher: Routledge
ISBN: 0429810415
Category : Education
Languages : en
Pages : 439
Book Description
Originally published in 1988 Religious Higher Education in the United States is a selected bibliography of sources addressing how religion has changed and affected education in the United States. This volume attempts to address the problems currently facing religious institutions of higher education, covering government aid and the regulation of religious colleges and universities in the US.