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Author: Marc O. DeGirolami
Publisher: Harvard University Press
ISBN: 0674074157
Category : Law
Languages : en
Pages : 362
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Book Description
When it comes to questions of religion, legal scholars face a predicament. They often expect to resolve dilemmas according to general principles of equality, neutrality, or the separation of church and state. But such abstractions fail to do justice to the untidy welter of values at stake. Offering new views of how to understand and protect religious freedom in a democracy, The Tragedy of Religious Freedom challenges the idea that matters of law and religion should be referred to far-flung theories about the First Amendment. Examining a broad array of contemporary and more established Supreme Court rulings, Marc DeGirolami explains why conflicts implicating religious liberty are so emotionally fraught and deeply contested. Twenty-first-century realities of pluralism have outrun how scholars think about religious freedom, DeGirolami asserts. Scholars have not been candid enough about the tragic nature of the conflicts over religious liberty—the clash of opposing interests and aspirations they entail, and the limits of human reason to resolve intractable differences. The Tragedy of Religious Freedom seeks to turn our attention from abstracted, absolute values to concrete, historical realities. Social history, characterized by the struggles of lawyers engaged in the details of irreducible conflicts, represents the most promising avenue to negotiate legal conflicts over religion. In this volume, DeGirolami offers an approach to understanding religious liberty that is neither rigidly systematic nor ad hoc, but a middle path grounded in a pluralistic and historically informed perspective.
Author: Marc O. DeGirolami
Publisher: Harvard University Press
ISBN: 0674074157
Category : Law
Languages : en
Pages : 362
Get Book Here
Book Description
When it comes to questions of religion, legal scholars face a predicament. They often expect to resolve dilemmas according to general principles of equality, neutrality, or the separation of church and state. But such abstractions fail to do justice to the untidy welter of values at stake. Offering new views of how to understand and protect religious freedom in a democracy, The Tragedy of Religious Freedom challenges the idea that matters of law and religion should be referred to far-flung theories about the First Amendment. Examining a broad array of contemporary and more established Supreme Court rulings, Marc DeGirolami explains why conflicts implicating religious liberty are so emotionally fraught and deeply contested. Twenty-first-century realities of pluralism have outrun how scholars think about religious freedom, DeGirolami asserts. Scholars have not been candid enough about the tragic nature of the conflicts over religious liberty—the clash of opposing interests and aspirations they entail, and the limits of human reason to resolve intractable differences. The Tragedy of Religious Freedom seeks to turn our attention from abstracted, absolute values to concrete, historical realities. Social history, characterized by the struggles of lawyers engaged in the details of irreducible conflicts, represents the most promising avenue to negotiate legal conflicts over religion. In this volume, DeGirolami offers an approach to understanding religious liberty that is neither rigidly systematic nor ad hoc, but a middle path grounded in a pluralistic and historically informed perspective.
Author: Michael Meyerson
Publisher: Yale University Press
ISBN: 030016632X
Category : Law
Languages : en
Pages : 384
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Book Description
Aims to provide an unbiased look at the Founding Fathers' concept of freedom of religion.
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: Khyati Y. Joshi
Publisher: NYU Press
ISBN: 1479840238
Category : Religion
Languages : en
Pages : 286
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Book Description
Exposes the invisible ways in which white Christian privilege disadvantages racial and religious minorities in America The United States is recognized as the most religiously diverse country in the world, and yet its laws and customs, which many have come to see as normal features of American life, actually keep the Constitutional ideal of “religious freedom for all” from becoming a reality. Christian beliefs, norms, and practices infuse our society; they are embedded in our institutions, creating the structures and expectations that define the idea of “Americanness.” Religious minorities still struggle for recognition and for the opportunity to be treated as fully and equally legitimate members of American society. From the courtroom to the classroom, their scriptures and practices are viewed with suspicion, and bias embedded in centuries of Supreme Court rulings create structural disadvantages that endure today. In White Christian Privilege, Khyati Y. Joshi traces Christianity’s influence on the American experiment from before the founding of the Republic to the social movements of today. Mapping the way through centuries of slavery, westward expansion, immigration, and citizenship laws, she also reveals the ways Christian privilege in the United States has always been entangled with notions of White supremacy. Through the voices of Christians and religious minorities, Joshi explores how Christian privilege and White racial norms affect the lives of all Americans, often in subtle ways that society overlooks. By shining a light on the inequalities these privileges create, Joshi points the way forward, urging readers to help remake America as a diverse democracy with a commitment to true religious freedom.
Author: Alan Strathern
Publisher: Cambridge University Press
ISBN: 1108477143
Category : History
Languages : en
Pages : 409
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Book Description
This ground-breaking study sets out a new understanding of transformations in the interaction between religion and political authority throughout history.
Author: John Emerich Edward Dalberg Acton Baron Acton
Publisher:
ISBN:
Category : Church history
Languages : en
Pages : 690
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Book Description
Author: Thomas S Kidd
Publisher: Basic Books
ISBN: 0465022774
Category : History
Languages : en
Pages : 306
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Book Description
A "thought-provoking, meticulously researched" testament to evangelical Christians' crucial contribution to American independence and a timely appeal for the same spiritual vitality today (Washington Times). At the dawn of the Revolutionary War, America was already a nation of diverse faiths-the First Great Awakening and Enlightenment concepts such as deism and atheism had endowed the colonists with varying and often opposed religious beliefs. Despite their differences, however, Americans found common ground against British tyranny and formed an alliance that would power the American Revolution. In God of Liberty, historian Thomas S. Kidd offers the first comprehensive account of religion's role during this transformative period and how it gave form to our nation and sustained it through its tumultuous birth -- and how it can be a force within our country during times of transition today.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 848
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Book Description
Author: Heiner Bielefeldt
Publisher: Oxford University Press
ISBN: 0198703988
Category : Law
Languages : en
Pages : 701
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Book Description
This commentary on freedom of religion or belief provides a comprehensive overview of the pressing issues of freedom of religion or belief from an international law perspective.
Author: Clarence Taylor
Publisher: Psychology Press
ISBN: 9780415933261
Category : Biography & Autobiography
Languages : en
Pages : 254
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Book Description
First Published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.
