Law, Liberty and Church PDF Download

Author: Iain T. Benson
Publisher:
ISBN: 9780433495628
Category : Freedom of religion
Languages : en
Pages : 430

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Book Description
In recent years, law and religion scholarship in Canada has grown significantly. This distinctive collection of 18 papers addresses, from a variety of angles, the jurisdiction and the limits of law ¿ an important but often overlooked aspect of settling the boundaries of church and state, religion and law. The volume draws the insights of 19 authoritative contributors of diverse background and examines changes in the role and meaning of religion in society, the dimensions of law and religion and finally, the conflicts between freedom of religion and other freedoms as looked upon as fundamental rights of a liberal society.

Author: Philip HAMBURGER
Publisher: Harvard University Press
ISBN: 0674038185
Category : Law
Languages : en
Pages : 529

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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.

Author: Gordon Arthur
Publisher: Ashgate Publishing, Ltd.
ISBN: 0754682528
Category : Religion
Languages : en
Pages : 223

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Book Description
Law, Liberty and Church examines the presuppositions that underlie authority in the five largest Churches in England - the Church of England, the Roman Catholic Church, the Methodist Church, the United Reformed Church and the Baptist Union. Examining what has influenced their development, and how the patterns of authority that exist today have evolved, Gordon Arthur explores the contributions of Scripture, Roman Legal Theory, and Greek Philosophy.

Author: Dr Gordon Arthur
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409477118
Category : Religion
Languages : en
Pages : 238

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Book Description
Law, Liberty and Church examines the presuppositions that underlie authority in the five largest Churches in England - the Church of England, the Roman Catholic Church, the Methodist Church, the United Reformed Church and the Baptist Union. Examining what has influenced their development, and how the patterns of authority that exist today have evolved, Gordon Arthur explores the contributions of Scripture, Roman Legal Theory, and Greek Philosophy. This book shows how the influence of Roman legal theory has caused inflexibility, and at times authoritarianism in the Roman Catholic Church; it explores how the influence of reason and moderation has led the Church of England to focus on inclusiveness, often at the cost of clarity; it expounds the attempts of the Free Churches to establish liberty of conscience, leading them at times to a more democratic and individualistic approach. Finally Arthur offers an alternative view of authority, and sets out some of the challenges this view presents to the Churches.

Author: Vincent Phillip Munoz
Publisher: Rowman & Littlefield
ISBN: 1442250321
Category : Political Science
Languages : en
Pages : 679

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Book Description
Throughout American history, legal battles concerning the First Amendment’s protection of religious liberty have been among the most contentious issue of the rights guaranteed by the United States Constitution. Religious Liberty and the American Supreme Court: The Essential Cases and Documents represents the most authoritative and up-to-date overview of the landmark cases that have defined religious freedom in America. Noted religious liberty expert Vincent Philip Munoz (Notre Dame) provides carefully edited excerpts from over fifty of the most important Supreme Court religious liberty cases. In addition, Munoz’s substantive introduction offers an overview on the constitutional history of religious liberty in America. Introductory headnotes to each case provides the constitutional and historical context. Religious Liberty and the American Constitution is an indispensable resource for anyone interested matters of religious freedom from the Republic’s earliest days to current debates.

Author: Michael D. Breidenbach
Publisher: Harvard University Press
ISBN: 067424723X
Category : History
Languages : en
Pages : 369

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Book Description
How early American Catholics justified secularism and overcame suspicions of disloyalty, transforming ideas of religious liberty in the process. In colonial America, Catholics were presumed dangerous until proven loyal. Yet Catholics went on to sign the Declaration of Independence and helped to finalize the First Amendment to the Constitution. What explains this remarkable transformation? Michael Breidenbach shows how Catholic leaders emphasized their churchÕs own traditionsÑrather than Enlightenment liberalismÑto secure the religious liberty that enabled their incorporation in American life. Catholics responded to charges of disloyalty by denying papal infallibility and the popeÕs authority to intervene in civil affairs. Rome staunchly rejected such dissent, but reform-minded Catholics justified their stance by looking to conciliarism, an intellectual tradition rooted in medieval Catholic thought yet compatible with a republican view of temporal independence and church-state separation. Drawing on new archival material, Breidenbach finds that early American Catholic leaders, including Maryland founder Cecil Calvert and members of the prominent Carroll family, relied on the conciliarist tradition to help institute religious toleration, including the Maryland Toleration Act of 1649. The critical role of Catholics in establishing American churchÐstate separation enjoins us to revise not only our sense of who the American founders were, but also our understanding of the sources of secularism. ChurchÐstate separation in America, generally understood as the product of a Protestant-driven Enlightenment, was in key respects derived from Catholic thinking. Our Dear-Bought Liberty therefore offers a dramatic departure from received wisdom, suggesting that religious liberty in America was not bestowed by liberal consensus but partly defined through the ingenuity of a persecuted minority.

Author: Robert Louis Wilken
Publisher: Yale University Press
ISBN: 0300226632
Category : Religion
Languages : en
Pages : 247

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Book Description
From one of the leading historians of Christianity comes this sweeping reassessment of religious freedom, from the church fathers to John Locke In the ancient world Christian apologists wrote in defense of their right to practice their faith in the cities of the Roman Empire. They argued that religious faith is an inward disposition of the mind and heart and cannot be coerced by external force, laying a foundation on which later generations would build. Chronicling the history of the struggle for religious freedom from the early Christian movement through the seventeenth century, Robert Louis Wilken shows that the origins of religious freedom and liberty of conscience are religious, not political, in origin. They took form before the Enlightenment through the labors of men and women of faith who believed there could be no justice in society without liberty in the things of God. This provocative book, drawing on writings from the early Church as well as the sixteenth and seventeenth centuries, reminds us of how "the meditations of the past were fitted to affairs of a later day."

Author: R. Albert Mohler, Jr.
Publisher: Thomas Nelson
ISBN: 1400220238
Category : Religion
Languages : en
Pages : 240

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Book Description
The president of Southern Seminary reveals how secularism has infiltrated every aspect of society and how Christians, equipped with the gospel of Jesus Christ, can meet it head on with hope, confidence, and steadfast conviction. A Storm Is Coming Western civilization and the Christian church stand at a moment of great danger. Facing them both is a hurricane-force battle of ideas that will determine the future of Western civilization and the soul of the Christian church. The forces arrayed against the West and the church are destructive ideologies, policies, and worldviews deeply established among intellectual elites, the political class, and our schools. More menacingly, these forces have also invaded the Christian church. The perils faced by the West and the church are unprecedented: threats to religious liberty redefinitions of marriage and family attacks on the sacredness and dignity of human life How should Christians respond to this multifaceted challenge? Addressing each dimension of this challenge, The Gathering Storm provides answers and equips Christians both to give an answer for the hope that is within them and to contend for the faith that was once and for all delivered to the saints.

Author: Brian Tierney
Publisher: CUA Press
ISBN: 0813225817
Category : History
Languages : en
Pages : 393

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Book Description
Liberty and Law examines a previously underappreciated theme in legal history - the idea of permissive natural law. The idea is mentioned only peripherally, if at all, in modern histories of natural law. Yet it engaged the attention of jurists, philosophers, and theologians over a long period and formed an integral part of their teachings. This ensured that natural law was not conceived of as merely a set of commands and prohibitions that restricted human conduct, but also as affirming a realm of human freedom, understood as both freedom from subjection and freedom of choice. Freedom can be used in many ways, and throughout the whole period from 1100 to 1800 the idea of permissive natural law was deployed for various purposes in response to different problems that arose. It was frequently invoked to explain the origin of private property and the beginnings of civil government.

Author: John Witte (Jr.)
Publisher:
ISBN: 9781108652841
Category : Christianity
Languages : en
Pages :

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Book Description
"Christian Contributions to the Development of Rights and Liberties in the Western Legal Tradition It will come as a surprise to some human rights lawyers to learn that Christianity was a deep and enduring source of human rights and liberties in the Western legal tradition. Our elementary textbooks have long taught us that the history of human rights began in the later seventeenth and eighteenth centuries. Human rights, many of us were taught, were products of the Western Enlightenment - creations of Grotius and Pufendorf, Locke and Rousseau, Montesquieu and Voltaire, Hume and Smith, Jefferson and Madison. Rights were the mighty new weapons forged by American and French revolutionaries who fought in the name of political democracy, personal autonomy, and religious freedom against outmoded Christian conceptions of absolute monarchy, aristocratic privilege, and religious establishment. Rights were the keys forged by Western liberals to unchain society from the shackles of a millennium of the church's oppression of society and domination of the state"--