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Author: Daniel L. Dreisbach Publisher: ISBN: Category : History Languages : en Pages : 720
Book Description
This compilation of primary documents provides a thorough and balanced examination of the evolving relationship between public religion and American culture, from pre-colonial biblical and European sources to the early nineteenth century, to allow the reader to explore the social and political forces that defined the concept of religious liberty and shaped American church-state relations. --from publisher description.
Author: Daniel L. Dreisbach Publisher: ISBN: Category : History Languages : en Pages : 720
Book Description
This compilation of primary documents provides a thorough and balanced examination of the evolving relationship between public religion and American culture, from pre-colonial biblical and European sources to the early nineteenth century, to allow the reader to explore the social and political forces that defined the concept of religious liberty and shaped American church-state relations. --from publisher description.
Author: Robert K. Vischer Publisher: Cambridge University Press ISBN: 0521113776 Category : Law Languages : en Pages : 327
Book Description
Our society's longstanding commitment to the liberty of conscience has become strained by our increasingly muddled understanding of what conscience is and why we value it. Too often we equate conscience with individual autonomy, and so we reflexively favor the individual in any contest against group authority, losing sight of the fact that a vibrant liberty of conscience requires a vibrant marketplace of morally distinct groups. Defending individual autonomy is not the same as defending the liberty of conscience because, although conscience is inescapably personal, it is also inescapably relational. Conscience is formed, articulated, and lived out through relationships, and its viability depends on the law's willingness to protect the associations and venues through which individual consciences can flourish: these are the myriad institutions that make up the space between the person and the state. Conscience and the Common Good reframes the debate about conscience by bringing its relational dimension into focus.
Author: John McLaren Publisher: State University of New York Press ISBN: 9781438412542 Category : Religion Languages : en Pages : 264
Book Description
This book examines the history and significance of religious freedom claims by minority, unorthodox faith groups and the contribution their challenges have made to the development of rights discourse and practice in North America.
Author: Kimberley Brownlee Publisher: OUP Oxford ISBN: 0191645923 Category : Law Languages : en Pages : 280
Book Description
The book shows that civil disobedience is generally more defensible than private conscientious objection. Part I explores the morality of conviction and conscience. Each of these concepts informs a distinct argument for civil disobedience. The conviction argument begins with the communicative principle of conscientiousness (CPC). According to the CPC, having a conscientious moral conviction means not just acting consistently with our beliefs and judging ourselves and others by a common moral standard. It also means not seeking to evade the consequences of our beliefs and being willing to communicate them to others. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. This view reverses the standard liberal picture which sees private 'conscientious' objection as a modest act of personal belief and civil disobedience as a strategic, undemocratic act whose costs are only sometimes worth bearing. The conscience argument is narrower and shows that genuinely morally responsive civil disobedience honours the best of our moral responsibilities and is protected by a duty-based moral right of conscience. Part II translates the conviction argument and conscience argument into two legal defences. The first is a demands-of-conviction defence. The second is a necessity defence. Both of these defences apply more readily to civil disobedience than to private disobedience. Part II also examines lawful punishment, showing that, even when punishment is justifiable, civil disobedients have a moral right not to be punished. Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence.
Author: Timothy Sandefur Publisher: Cato Institute ISBN: 1939709040 Category : Law Languages : en Pages : 217
Book Description
The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty documents a forgotten truth: the word “democracy” is nowhere to be found in either the Constitution or the Declaration. But it is the overemphasis of democracy by the legal community–rather than the primacy of liberty, as expressed in the Declaration of Independence–that has led to the growth of government power at the expense of individual rights. Now, more than ever, Sandefur explains, the Declaration of Independence should set the framework for interpreting our fundamental law. In the very first sentence of the Constitution, the founding fathers stated unambiguously that “liberty” is a blessing. Today, more and more Americans are realizing that their individual freedoms are being threatened by the ever-expanding scope of the government. Americans have always differed over important political issues, but some things should not be settled by majority vote. In The Conscience of the Constitution, Timothy Sandefur presents a dramatic new challenge to the status quo of constitutional law.
Author: Jocelyn Maclure Publisher: Harvard University Press ISBN: 0674062957 Category : Religion Languages : en Pages : 153
Book Description
Secularism: the definition of this word is as practical and urgent as income inequalities or the paths to sustainable development. In this wide-ranging analysis, Jocelyn Maclure and Charles Taylor provide a clearly reasoned, articulate account of the two main principles of secularism—equal respect, and freedom of conscience—and its two operative modes—separation of Church (or mosque or temple) and State, and State neutrality vis-à-vis religions. But more crucially, they make the powerful argument that in our ever more religiously diverse, politically interconnected world, secularism, properly understood, may offer the only path to religious and philosophical freedom. Secularism and Freedom of Conscience grew out of a very real problem—Quebec’s need for guidelines to balance the equal respect due to all citizens with the right to religious freedom. But the authors go further, rethinking secularism in light of other critical issues of our time. The relationship between religious beliefs and deeply-held secular convictions, the scope of the free exercise of religion, and the place of religion in the public sphere are aspects of the larger challenge Maclure and Taylor address: how to manage moral and religious diversity in a free society. Secularism, they show, is essential to any liberal democracy in which citizens adhere to a plurality of conceptions of what gives meaning and direction to human life. The working model the authors construct in this nuanced account is capacious enough to accommodate difference and freedom of conscience, while holding out hope for a world in which diversity no longer divides us.
Author: Andrew R. Murphy Publisher: Penn State Press ISBN: 9780271041377 Category : Religion Languages : en Pages : 364
Book Description
Religious toleration appears near the top of any short list of core liberal democratic values. Theorists from John Locke to John Rawls emphasize important interconnections between the principles of toleration, constitutional government, and the rule of law. Conscience and Community revisits the historical emergence of religious liberty in the Anglo-American tradition, looking deeper than the traditional emergence of toleration to find not a series of self-evident or logically connected expansions but instead a far more complex evolution. Murphy argues that contemporary liberal theorists have misunderstood and misconstrued the actual historical development of toleration in theory and practice. Murphy approaches the concept through three "myths" about religious toleration: that it was opposed only by ignorant, narrow-minded persecutors; that it was achieved by skeptical Enlightenment rationalists; and that tolerationist arguments generalize easily from religion to issues such as gender, race, ethnicity, and sexuality, providing a basis for identity politics.
Author: Jeffrey B. Hammond Publisher: Cambridge University Press ISBN: 1108835384 Category : Law Languages : en Pages : 471
Book Description
This book explores the Christian theological, legal, constitutional, historical, and philosophical meanings of conscience for both scholarly and educated general audiences.
Author: Richard Jacquemond Publisher: American Univ in Cairo Press ISBN: 9789774161018 Category : Literary Criticism Languages : en Pages : 384
Book Description
Artfully combining social and literary history, this unique study explores the dual loyalties of contemporary Egyptian authors from the 1952 Revolution to the present day. Egypt's writers have long had an elevated idea of their social mission, considering themselves 'the conscience of the nation.' At the same time, modern Egyptian writers work under the liberal conception of the writer borrowed from the European model. As a result, each Egyptian writer treads the tightrope between authority and freedom, social commitment and artistic license, loyalty to the state and to personal expression, in an ongoing quest for an elusive literary ideal. With these fundamentals in mind, Conscience of the Nation examines Egyptian literary production over the past fifty years, surveying works by established writers, as well as those of dozens of other authors who are celebrated in Egypt but whose writings are largely unknown to the foreign reader. Novelists and poets, scriptwriters and playwrights, critics and journalists all have battled with and tried to resolve the tensions inherent in the conflicting forces of self and society.
Author: Daniel L. Dreisbach
Author: Daniel L. Dreisbach
Author: Robert K. Vischer
Author: John McLaren
Author: Kimberley Brownlee
Author: Timothy Sandefur
Author: Jocelyn Maclure
Author: Andrew R. Murphy
Author: Jeffrey B. Hammond
Author: Richard Jacquemond
Author: Alexandre Rodolphe Vinet