Distinctiveness of Religion in American Law: Rethinking Religion Clause Jurisprudence PDF Download

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ISBN: 9781316356838
Category :
Languages : en
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Author: Kathleen A. Brady
Publisher: Cambridge University Press
ISBN: 1316351831
Category : Law
Languages : en
Pages : 355

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In recent decades, religion's traditional distinctiveness under the First Amendment has been challenged by courts and scholars. As America grows more secular and as religious and nonreligious convictions are increasingly seen as interchangeable, many have questioned whether special treatment is still fair. In its recent decisions, the Supreme Court has made clear that religion will continue to be treated differently, but we lack a persuasive account of religion's uniqueness that can justify this difference. This book aims to develop such an account. Drawing on founding era thought illumined by theology, philosophy of religion, and comparative religion, it describes what is at stake in our tradition of religious freedom in a way that can be appreciated by the religious and nonreligious alike. From this account, it develops a new framework for religion clause decision making and explains the implications of this framework for current controversies regarding protections for religious conscience.

Author: Vincent Phillip Muñoz
Publisher: University of Chicago Press
ISBN: 0226821439
Category : Political Science
Languages : en
Pages : 345

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An insightful rethinking of the meaning of the First Amendment’s protection of religious freedom. The Founders understood religious liberty to be an inalienable natural right. Vincent Phillip Muñoz explains what this means for church-state constitutional law, uncovering what we can and cannot determine about the original meanings of the First Amendment’s Religion Clauses and constructing a natural rights jurisprudence of religious liberty. Drawing on early state constitutions, declarations of religious freedom, Founding-era debates, and the First Amendment’s drafting record, Muñoz demonstrates that adherence to the Founders’ political philosophy would lead neither to consistently conservative nor consistently liberal results. Rather, adopting the Founders’ understanding would lead to a minimalist church-state jurisprudence that, in most cases, would return authority from the judiciary to the American people. Thorough and convincing, Religious Liberty and the American Founding is key reading for those seeking to understand the Founders’ political philosophy of religious freedom and the First Amendment Religion Clauses.

Author: Rafael Domingo
Publisher: CUA Press
ISBN: 0813237297
Category : Law
Languages : en
Pages : 353

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Law and Religion in a Secular Age seeks to restore the connection between spirituality and justice, religion and law, theology and jurisprudence, and natural law and positive law by building a new bridge suitable for pluralistic societies in the secular age. The author argues for a multidimensional view of reality that includes legal, political, moral, and spiritual dimensions of human nature and society. Each of these dimensions of life needs to recognize the existence, influence, and function of the others, which act as a filter or check on the excesses of each other. This multidimensionality of reality clarifies why no legal theory can fully account for law from the legal dimension alone, just as no moral theory makes perfect sense of morality from the moral dimension?and, for that matter, nothing in physics can fully interpret the physical dimension of reality. The premises of a legal system cannot be fully explained by the legal dimension alone because the fundamental conditions and qualities of justice, freedom, and dignity touch all the dimensions of reality in which the human person acts, including the moral and the spiritual, not just the legal. Building on this multidimensional theory of reality, the author explores the core differences and the essential interconnections between law, morality, religion, and spirituality and some of the legal implications of these connections. Rafael Domingo reminds readers of the vital role of religion in shaping the conceptual framework of Western legal systems, underscores the spirit of Christianity that inspired legal institutions, principles, and values, and recalls the contributions of specific Christian jurists as central figures for the development of justice in society. Law and Religion in a Secular Age aims to be a valuable antidote against the dominant legal positivism that has cornered public morality, the defiant secularism that has marginalized religion, and any other legal doctrine that diminishes the spiritual dimension of law and justice.

Author:
Publisher: BRILL
ISBN: 9004445595
Category : Law
Languages : en
Pages : 271

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In Painting Constitutional Law, scholars of constitutional law analyse Xavier Cortada’s series May It Please the Court. Exploring new connections between contemporary art and law, they discuss how Cortada captures these foundational decisions, their people, and their events on canvas.

Author: Phil Zuckerman
Publisher: Oxford University Press
ISBN: 0199988455
Category : Religion
Languages : en
Pages : 793

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As recent headlines reveal, conflicts and debates around the world increasingly involve secularism. National borders and traditional religions cannot keep people in tidy boxes as political struggles, doctrinal divergences, and demographic trends are sweeping across regions and entire continents. And secularity is increasing in society, with a growing number of people in many regions having no religious affiliation or lacking interest in religion. Simultaneously, there is a resurgence of religious participation in the politics of many countries. How might these diverse phenomena be better understood? Long-reigning theories about the pace of secularization and ideal church-state relations are under invigorated scrutiny by scholars studying secularism with new questions, better data, and fresh perspectives. The Oxford Handbook of Secularism offers a wide-ranging and in-depth examination of this global conversation, bringing together the views of an international collection of prominent experts in their respective fields. This is the essential volume for comprehending the core issues and methodological approaches to the demographics and sociology of secularity; the history and variety of political secularisms; the comparison of constitutional secularisms across many countries from America to Asia; the key problems now convulsing church-state relations; the intersections of liberalism, multiculturalism, and religion; the latest psychological research into secular lives and lifestyles; and the naturalistic and humanistic worldviews available to nonreligious people.

Author: Nicholas Aroney
Publisher: Oxford University Press
ISBN: 0197587259
Category : Constitutional law
Languages : en
Pages : 513

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The first volume of its kind, Christianity and Constitutionalism explores the contribution of Christianity to constitutional law and constitutionalism as viewed from the perspectives of history, law, and theology. The authors examine a wide range of key figures, including Augustine, Thomas Aquinas, Moses, Martin Luther, and Roger Williams, offering innovative and thoughtful analyses of the relationship between religious thought and constitutional law. Part I features contributions from historians and is focused on the historical influence of Christianity on constitutionalism, recounting how the relationship between the Christian faith and fundamental ideas about law, justice, and government has evolved from era to era. Part II offers the analyses of constitutional lawyers, focusing on the normative implications of Christianity for particular themes or topics in constitutional law. The chapters in this section orbit around several central doctrines and principles of this field--including sovereignty, the rule of law, democracy, the separation of powers, human rights, conscience, and federalism--evaluating them from a range of Christian perspectives. Part III rounds out the study with theologians focused on particular Christian doctrines, exploring their constructive and sometimes critical implications for constitutionalism. As a whole, Christianity and Constitutionalism breaks new ground by offering wide-ranging, interdisciplinary contributions to the study of the relationship between the Christian religion and constitutional law.

Author: Brett G. Scharffs
Publisher: Routledge
ISBN: 1351369717
Category : Law
Languages : en
Pages : 411

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This volume presents a timely analysis of some of the current controversies relating to freedom for religion and freedom from religion that have dominated headlines worldwide. The collection trains the lens closely on select issues and contexts to provide detailed snapshots of the ways in which freedom for and from religion are conceptualized, protected, neglected, and negotiated in diverse situations and locations. A broad range of issues including migration, education, the public space, prisons and healthcare are discussed drawing examples from Europe, the US, Asia, Africa and South America. Including contributions from leading experts in the field, the book will be essential reading for researchers and policy-makers interested in Law and Religion.

Author: Michael J. Perry
Publisher: Edward Elgar Publishing
ISBN: 1035306271
Category : Law
Languages : en
Pages : 173

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This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. This forward-thinking book illustrates the complexities of the morality of human rights. Emphasising the role of human rights as the only true global political morality to arise since the Second World War, chapters explore its role as applied to often controversial issues, such as capital punishment, the exclusion of same-sex couples from civil marriage and criminal abortion bans.

Author: Isaac Weiner
Publisher: NYU Press
ISBN: 1479891398
Category : Religion
Languages : en
Pages : 318

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Offers insight into the complex relationship between religion and law in contemporary America Why religion? Why law? Why now? In recent years, the United States has witnessed a number of high-profile court cases involving religion, forcing Americans to grapple with questions regarding the relationship between religion and law. This volume maps the contemporary interplay of religion and law within the study of American religions. What rights are protected by the Constitution’s free exercise clause? What are the boundaries of religion, and what is the constitutional basis for protecting some religious beliefs but not others? What characterizes a religious-studies approach to religion and law today? What is gained by approaching law from the vantage point of religious studies, and what does attention to the law offer back to scholars of religion? Religion, Law, USA considers all these questions and more. Each chapter considers a specific keyword in the study of religion and law, such as “conscience,” “establishment,” “secularity,” and “personhood.” Contributors consider specific case studies related to each term, and then expand their analyses to discuss broader implications for the practice and study of American religion. Incorporating pieces from leading voices in the field, this book is an indispensable addition to the scholarship on religion and law in America.