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Author: Winnifred Fallers Sullivan Publisher: University of Chicago Press ISBN: 022645469X Category : Religion Languages : en Pages : 223
Book Description
Church and state: a simple phrase that reflects one of the most famous and fraught relationships in the history of the United States. But what exactly is “the church,” and how is it understood in US law today? In Church State Corporation, religion and law scholar Winnifred Fallers Sullivan uncovers the deeply ambiguous and often unacknowledged ways in which Christian theology remains alive and at work in the American legal imagination. Through readings of the opinions of the US Supreme Court and other legal texts, Sullivan shows how “the church” as a religious collective is granted special privilege in US law. In-depth analyses of Hosanna-Tabor v. EEOC and Burwell v. Hobby Lobby reveal that the law tends to honor the religious rights of the group—whether in the form of a church, as in Hosanna-Tabor, or in corporate form, as in Hobby Lobby—over the rights of the individual, offering corporate religious entities an autonomy denied to their respective members. In discussing the various communities that construct the “church-shaped space” in American law, Sullivan also delves into disputes over church property, the legal exploitation of the black church in the criminal justice system, and the recent case of Masterpiece Cakeshop v. Colorado Civil Rights Commission. Brimming with insight, Church State Corporation provocatively challenges our most basic beliefs about the ties between religion and law in ostensibly secular democracies.
Author: Winnifred Fallers Sullivan Publisher: University of Chicago Press ISBN: 022645469X Category : Religion Languages : en Pages : 223
Book Description
Church and state: a simple phrase that reflects one of the most famous and fraught relationships in the history of the United States. But what exactly is “the church,” and how is it understood in US law today? In Church State Corporation, religion and law scholar Winnifred Fallers Sullivan uncovers the deeply ambiguous and often unacknowledged ways in which Christian theology remains alive and at work in the American legal imagination. Through readings of the opinions of the US Supreme Court and other legal texts, Sullivan shows how “the church” as a religious collective is granted special privilege in US law. In-depth analyses of Hosanna-Tabor v. EEOC and Burwell v. Hobby Lobby reveal that the law tends to honor the religious rights of the group—whether in the form of a church, as in Hosanna-Tabor, or in corporate form, as in Hobby Lobby—over the rights of the individual, offering corporate religious entities an autonomy denied to their respective members. In discussing the various communities that construct the “church-shaped space” in American law, Sullivan also delves into disputes over church property, the legal exploitation of the black church in the criminal justice system, and the recent case of Masterpiece Cakeshop v. Colorado Civil Rights Commission. Brimming with insight, Church State Corporation provocatively challenges our most basic beliefs about the ties between religion and law in ostensibly secular democracies.
Author: Winnifred Fallers Sullivan Publisher: University of Chicago Press ISBN: 022645472X Category : Religion Languages : en Pages : 223
Book Description
Church and state: a simple phrase that reflects one of the most famous and fraught relationships in the history of the United States. But what exactly is “the church,” and how is it understood in US law today? In Church State Corporation, religion and law scholar Winnifred Fallers Sullivan uncovers the deeply ambiguous and often unacknowledged ways in which Christian theology remains alive and at work in the American legal imagination. Through readings of the opinions of the US Supreme Court and other legal texts, Sullivan shows how “the church” as a religious collective is granted special privilege in US law. In-depth analyses of Hosanna-Tabor v. EEOC and Burwell v. Hobby Lobby reveal that the law tends to honor the religious rights of the group—whether in the form of a church, as in Hosanna-Tabor, or in corporate form, as in Hobby Lobby—over the rights of the individual, offering corporate religious entities an autonomy denied to their respective members. In discussing the various communities that construct the “church-shaped space” in American law, Sullivan also delves into disputes over church property, the legal exploitation of the black church in the criminal justice system, and the recent case of Masterpiece Cakeshop v. Colorado Civil Rights Commission. Brimming with insight, Church State Corporation provocatively challenges our most basic beliefs about the ties between religion and law in ostensibly secular democracies.
Author: Ken Kollman Publisher: Cambridge University Press ISBN: 1107435811 Category : Political Science Languages : en Pages : 225
Book Description
In this provocative and wide-ranging book, Ken Kollman examines the histories of the US government, the Catholic Church, General Motors, and the European Union as examples of federated systems that centralized power over time. He shows how their institutions became locked-in to intensive power in the executive. The problem with these and other federated systems is that they often cannot decentralize even if it makes sense. The analysis leads Kollman to suggest some surprising changes in institutional design for these four cases and for federated institutions everywhere.
Author: Winnifred Fallers Sullivan Publisher: Princeton University Press ISBN: 0691180954 Category : Law Languages : en Pages : 330
Book Description
The Constitution may guarantee it. But religious freedom in America is, in fact, impossible. So argues this timely and iconoclastic work by law and religion scholar Winnifred Sullivan. Sullivan uses as the backdrop for the book the trial of Warner vs. Boca Raton, a recent case concerning the laws that protect the free exercise of religion in America. The trial, for which the author served as an expert witness, concerned regulations banning certain memorials from a multiconfessional nondenominational cemetery in Boca Raton, Florida. The book portrays the unsuccessful struggle of Catholic, Protestant, and Jewish families in Boca Raton to preserve the practice of placing such religious artifacts as crosses and stars of David on the graves of the city-owned burial ground. Sullivan demonstrates how, during the course of the proceeding, citizens from all walks of life and religious backgrounds were harassed to define just what their religion is. She argues that their plight points up a shocking truth: religion cannot be coherently defined for the purposes of American law, because everyone has different definitions of what religion is. Indeed, while religious freedom as a political idea was arguably once a force for tolerance, it has now become a force for intolerance, she maintains. A clear-eyed look at the laws created to protect religious freedom, this vigorously argued book offers a new take on a right deemed by many to be necessary for a free democratic society. It will have broad appeal not only for religion scholars, but also for anyone interested in law and the Constitution. Featuring a new preface by the author, The Impossibility of Religious Freedom offers a new take on a right deemed by many to be necessary for a free democratic society.
Author: Lavinia Stan Publisher: Oxford University Press ISBN: 0199714126 Category : Religion Languages : en Pages :
Book Description
Lavinia Stan and Lucian Turcescu examine the relationship between religion and politics in ten former communist Eastern European countries. Contrary to widespread theories of increasing secularization, Stan and Turcescu argue that in most of these countries, the populations have shown themselves to remain religious even as they embrace modernization and democratization. Church-state relations in the new EU member states can be seen in political representation for church leaders, governmental subsidies, registration of religions by the state, and religious instruction in public schools. Stan and Turcescu outline three major models: the Czech church-state separation model, in which religion is private and the government secular; the pluralist model of Hungary, Bulgaria and Latvia, which views society as a group of complementary but autonomous spheres - for example, education, the family, and religion - each of which is worthy of recognition and support from the state; and the dominant religion model that exists in Poland, Romania, Estonia, and Lithuania, in which the government maintains informal ties to the religious majority. Church, State, and Democracy in Expanding Europe offers critical tools for understanding church-state relations in an increasingly modern and democratic Eastern Europe.
Author: Charles McCrary Publisher: University of Chicago Press ISBN: 0226817954 Category : Law Languages : en Pages : 309
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: Matthew Godfrey Publisher: Life Writings Frontier Women ISBN: Category : Business & Economics Languages : en Pages : 240
Book Description
Mary Lois Walker Morris was a Mormon woman who challenged both American ideas about marriage and the U.S. legal system. Before the Manifesto provides a glimpse into her world as the polygamous wife of a prominent Salt Lake City businessman, during a time of great transition in Utah. This account of her life as a convert, milliner, active community member, mother, and wife begins in England, where her family joined the Mormon church, details her journey across the plains, and describes life in Utah in the 1880s. Her experiences were unusual as, following her first husband's deathbed request, she married his brother as a plural wife in the Old Testament tradition of levirate marriage. Mary Morris's memoir frames her 1879 to 1887 diary with both reflections on earlier years and passages that parallel entries in the day book, giving readers a better understanding of how she retrospectively saw her life. The thoroughly annotated diary offers the daily experience of a woman who kept a largely self-sufficient household, had a wide social network, ran her own business, wrote poetry, and was intellectually curious. The years of "the Raid" (federal prosecution of polygamists) led Mary and Elias Morris to hide their marriage on "the underground," and her to perjury during Elias's trial for unlawful cohabitation. The book ends with Mary Lois's arrival at the Salt Lake Depot after three years in exile in Mexico with a polygamist colony.
Author: Winnifred Fallers Sullivan
Author: Winnifred Fallers Sullivan
Author: Winnifred Fallers Sullivan
Author: Ken Kollman
Author: Winnifred Fallers Sullivan
Author: Richard R. Hammar
Author: Lavinia Stan
Author: John Stuart Mill
Author: Ronald H. Stone
Author: Charles McCrary
Author: Matthew Godfrey