Author: Marci A. Hamilton Publisher: Palgrave MacMillan ISBN: Category : Political Science Languages : en Pages : 274
Book Description
During the past decade, the growing intensity of fundamentalist movements has ignited increasingly heated debates and controversies over the role of religion in modern societies. Until 9/11, most debates in the modern United States over the intersection of religion, politics, and society had focused on the rise and influence of the fundamentalist Protestant-led Christian Right. But after that tragic day, fundamentalist religious beliefs commanded even more attention, though this time Islamic. Fundamentalism, Politics, and the Law describes and analyzes the role of religious fundamentalist beliefs in the modern political world. Comprised of studies by leading scholars in law, political science, sociology and religion, this volume is organized around two major topics: the first examines the rise and the enduring influence of the Christian Right in U.S. politics and policy. The second focuses on the clash between fundamentalist practices in various religious traditions and societal norms and the law.
Author: David A. J. Richards Publisher: Cambridge University Press ISBN: 1139484133 Category : Law Languages : en Pages :
Book Description
Why, from Reagan to George Bush, have fundamentalists in religion and in law (originalists) exercised such political power and influence in the United States? Why has the Republican Party forged an ideology of judicial appointments (originalism) hostile to abortion and gay rights? Why and how did Barack Obama distinguish himself among Democratic candidates not only by his opposition to the Iraq war but by his opposition to originalism? This book argues that fundamentalism in both religion and law threatens democratic values and draws its appeal from a patriarchal psychology still alive in our personal and political lives and at threat from the constitutional developments since the 1960s. The argument analyzes this psychology (based on traumatic loss in intimate life) and resistance to it (based on the love of equals). Obama's resistance to originalism arises from his developmental history as a democratic, as opposed to patriarchal, man who resists the patriarchal demands on men and women that originalism enforces - in particular, the patriarchal love laws that tell people who and how and how much they may love.
Author: E. W. Thomas Publisher: Cambridge University Press ISBN: 9781139446983 Category : Law Languages : en Pages : 448
Book Description
In the absence of a sound conception of the judicial role, judges at present can be said to be 'muddling along'. They disown the declaratory theory of law but continue to behave and think as if it had not been discredited. Much judicial reasoning still exhibits an unquestioning acceptance of positivism and a 'rulish' predisposition. Formalistic thinking continues to exert a perverse influence on the legal process. This 2005 book dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice. The author propounds a coherent and comprehensive judicial methodology for modern times. Founded on the truism that the law exists to serve society, and adopting the twin criteria of justice and contemporaneity with the times, a judicial methodology is developed which is realistic and pragmatic and which embraces a revised conception of practical reasoning, including in that conception a critical role for legal principles.
Author: Gad Barzilai Publisher: University of Michigan Press ISBN: 0472024000 Category : Law Languages : en Pages : 381
Book Description
Communities and Law looks at minorities, or nonruling communities, and their identity practices under state domination in the midst of globalization. It examines six sociopolitical dimensions of community--nationality, social stratification, gender, religion, ethnicity, and legal consciousness--within the communitarian context and through their respective legal cultures. Gad Barzilai addresses such questions as: What is a communal legal culture, and what is its relevance for relations between state and society in the midst of globalization? How do nonliberal communal legal cultures interact with transnational American-led liberalism? Is current liberalism, with its emphasis on individual rights, litigation, and adjudication, sufficient to protect pluralism and multiculturalism? Why should democracies encourage the collective rights of nonruling communities and protect nonliberal communal cultures in principle and in practice? He looks at Arab-Palestinians, feminists, and ultra-Orthodox Jews in Israel as examples of the types of communities discussed. Communities and Law contributes to our understanding of the severe tensions between democracies, on the one hand, and the challenge of their minority communities, on the other, and suggests a path toward resolving the resulting critical issues. Gad Barzilai is Professor of Political Science and Law and Co-Director of the Law, Politics and Society Program, Department of Political Science, Tel Aviv University.
Author: Mary Anne Franks Publisher: Stanford University Press ISBN: 1503609103 Category : Political Science Languages : en Pages : 310
Book Description
“A powerful challenge to the prevailing constitutional orthodoxy of the right and the left . . . A deeply troubling and absolutely vital book” (Mark Joseph Stern, Slate). In this provocative book, Mary Anne Franks examines the thin line between constitutional fidelity and constitutional fundamentalism. The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keep the Constitution in the service of white male supremacy. Franks demonstrates how constitutional fundamentalists read the Constitution selectively and self-servingly, thus undermining the integrity of the document as a whole. She goes on to argue that economic and civil libertarianism have merged to produce a deregulatory, “free-market” approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The fetishization of the first and second amendments has blurred the boundaries between conduct and speech and between veneration and violence. But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively.
Author: M. Rozell Publisher: Springer ISBN: 0230117627 Category : Political Science Languages : en Pages : 362
Book Description
This book studies the phenomenon of fundamentalism in the United States. It contains historical and contemporary scholarly analysis of the Christian movements that emerged around the time of the Moral Majority.
Author: Martin E. Marty Publisher: ISBN: Category : Religion Languages : en Pages : 696
Book Description
This third volume of the Fundamentalism Project provides a systematic overview of the advances made by antisecular religious movements over the past twenty-five years. The distinguished contributors to this volume - economists, political scientists, religious historians, social anthropologists, and sociologists - focus on the impact these movements have had on national economies, political parties, constitutional issues, and international relations on five continents and within the religious traditions of Islam, Christianity, Judaism, Buddhism, Hinduism, and Sikhism. Do fundamentalisms tend toward political activism, and how successful have they been in remaking political structures? To answer this question and others, the contributors discuss the anti-abortion movement in the U.S., the Islamic war of resistance in Afghanistan, and Shiite jurisprudence in Iran. Martin E. Marty and R. Scott Appleby conclude the volume with a synthetic statement of fundamentalist impact on polities, economies, and state security. The Fundamentalism Project is a monumental undertaking by the American Academy of Arts and Sciences that involves an international group of scholars. Taken together, the volumes in this series will become a standard reference for educators and policy analysts for years to come.
Author: Martin E. Marty Publisher: University of Chicago Press ISBN: 9780226508849 Category : Religion Languages : en Pages : 702
Book Description
This third volume of the Fundamentalism Project provides a systematic overview of the advances made by antisecular religious movements over the past twenty-five years. The distinguished contributors to this volume - economists, political scientists, religious historians, social anthropologists, and sociologists - focus on the impact these movements have had on national economies, political parties, constitutional issues, and international relations on five continents and within the religious traditions of Islam, Christianity, Judaism, Buddhism, Hinduism, and Sikhism. Do fundamentalisms tend toward political activism, and how successful have they been in remaking political structures? To answer this question and others, the contributors discuss the anti-abortion movement in the U.S., the Islamic war of resistance in Afghanistan, and Shiite jurisprudence in Iran. Martin E. Marty and R. Scott Appleby conclude the volume with a synthetic statement of fundamentalist impact on polities, economies, and state security. The Fundamentalism Project is a monumental undertaking by the American Academy of Arts and Sciences that involves an international group of scholars. Taken together, the volumes in this series will become a standard reference for educators and policy analysts for years to come.
Author: Malise Ruthven Publisher: OUP Oxford ISBN: 0191647225 Category : Religion Languages : en Pages : 260
Book Description
Since the end of the Cold War fundamentalism has been seen as the major threat to world peace and prosperity, a concern that was exacerbated by the events of 9/11, and the 'War against Terrorism'. But what does 'fundamentalism' really mean? Since it was coined by American Protestant evangelicals in the 1920s, the word has expanded its meaning to include radical conservatives or ideological purists in many spheres of activity, not all of them religious. Modern applications of fundamentalism include Islamist radicals in the Muslim world, the militant Israeli settlers who oppose them as well as Sikh, Hindu and even Buddhist nationalists who seek to justify their political agendas by reference to divine edicts or religious tradition. This exciting new book tackles the polemic and stereotypes surrounding this fascinating subject.
Author: Marci A. Hamilton
Author: David A. J. Richards
Author: E. W. Thomas
Author: Gad Barzilai
Author: Mary Anne Franks
Author: M. Rozell
Author: Martin E. Marty
Author: Janet Bennion
Author: Martin E. Marty
Author: Malise Ruthven