The Distinctiveness of Religion in American Law PDF Download

Author: Kathleen A. Brady
Publisher:
ISBN: 9781316357835
Category : LAW
Languages : en
Pages :

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Author: Kathleen A. Brady
Publisher: Cambridge University Press
ISBN: 9781108448048
Category : Law
Languages : en
Pages : 353

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Book Description
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: Kathleen A. Brady
Publisher: Cambridge University Press
ISBN: 1107016509
Category : Law
Languages : en
Pages : 355

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In light of recent Supreme Court decisions, this book defends traditional religious protections under the First Amendment.

Author: Andrew Koppelman
Publisher: Harvard University Press
ISBN: 0674071077
Category : Law
Languages : en
Pages : 316

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Although it is often charged with hostility toward religion, First Amendment doctrine in fact treats religion as a distinctive human good. It insists, however, that this good be understood abstractly, without the state taking sides on any theological question. Here, a leading scholar of constitutional law explains the logic of this uniquely American form of neutrality—more religion-centered than liberal theorists propose, and less overtly theistic than conservatives advocate. The First Amendment’s guarantee of freedom of religion is under threat. Growing numbers of critics, including a near-majority of the Supreme Court, seem ready to cast aside the ideal of American religious neutrality. Andrew Koppelman defends that ideal and explains why protecting religion from political manipulation is imperative in an America of growing religious diversity. Understanding American religious neutrality, Koppelman shows, can explain some familiar puzzles. How can Bible reading in public schools be impermissible while legislative sessions begin with prayers, Christmas is an official holiday, and the words “under God” appear in the Pledge of Allegiance? Are faith-based social services, public financing of religious schools, or the teaching of intelligent design constitutional? Combining legal, historical, and philosophical analysis, Koppelman shows how law coherently navigates these conundrums. He explains why laws must have a secular legislative purpose, why old, but not new, ceremonial acknowledgments of religion are permitted, and why it is fair to give religion special treatment.

Author: Mark Douglas McGarvie
Publisher: Cambridge University Press
ISBN: 1107150930
Category : History
Languages : en
Pages : 305

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This is a sweeping history of the relationship between law and religion in America from the colonial era to the present day.

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.

Author: Paul Finkelman
Publisher: Routledge
ISBN: 1136919635
Category : Law
Languages : en
Pages : 12

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The First Encyclopedia available On The Subject Of Religion And American Law The interplay of religion and law has long been a major political and social issue in the United States. From the Salem Witch Trials to the current debate over school vouchers, court rulings have had a profound effect on people's lives. Now, a new encyclopedia provides detailed entries on all of the major Supreme Court decisions dealing with church and state, topical and theoretical essays relating to the issue, and cogent biographies of those Justices whose decisions have achieved landmark status in the debate. Comprehensive In Coverage And Scope Encompassing cases from the colonial period to the Supreme Court's important decisions in 1997, this pioneering volume is written in a clear, concise style that will be useful to professionals and specialists and accessible by students. With contributions by leading scholars in the field, this encyclopedia will benefit all reference libraries, students of law and religion, and anyone working in the field of church and state.

Author: Paul Horwitz
Publisher: Oxford University Press, USA
ISBN: 019973772X
Category : Language Arts & Disciplines
Languages : en
Pages : 351

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"Argues that the fundamental reason for church-state conflict is our aversion to questions of religious truth. By trying to avoid the question of religious truth, law and religion has ultimately reached a state of incoherence. He asserts that the answer to this dilemma is to take the agnostic turn: to take an empathetic and imaginative approach to questions of religious truth, one that actually confronts rather than avoids these questions, but without reaching a final judgment about what that truth is"--Jacket.

Author: William J. Federer
Publisher: Amerisearch, Inc.
ISBN: 9780965355728
Category : Law
Languages : en
Pages : 292

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An in-depth study of how each of the Ten Commandments had a historical impact on the development of laws in America and affected the legal philosophy of our government framers. For example, the 4th Commandment-"Keep Holy the Sabbath" PENNSYLVANIA FRAME OF GOVERNMENT, April 25, 1682, Article XXII: "That as often as any day of the month...shall fall upon the first day of the week, commonly called the Lord's Day, the business appointed for that day shall be deferred till the next day, unless in the case of emergency." U.S. CONSTITUTION, 1787, Article I, Section 7, Paragraph 2 "If any Bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law" Read how the Ten Commandments affected the views of America's leaders: "The Ten Commandments and the Sermon on the Mount contain my religion" - John Adams, Nov. 4, 1816, letter to Thomas Jefferson. "The fundamental basis of this nation's laws was given to Moses on the Mount. The fundamental basis of our Bill of Rights comes from the teachings we get from Exodus and St. Matthew, from Isaiah and St. Paul. I don't think we emphasize that enough these days." - Harry S Truman, Feb. 15, 1950, Attorney General's Conference. See references to the Ten Commandments in court cases: "The Ten Commandments have had an immeasurable effect on Anglo-American legal development" - U.S. District Court, Crockett v. Sorenson, W.D. Va. (1983) "It is equally undeniable ...that the Ten Commandments have had a significant impact on the development of secular legal codes of the Western World." - U.S. Supreme Court, Stone v. Graham, (1980) (Rehnquist, J., dissenting) An ideal book for students, teachers, journalists, writers and those interested in researching the foundations of American law!

Author: Michael W. McConnell
Publisher: Aspen Publishing
ISBN: 145487614X
Category : Law
Languages : en
Pages : 910

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Religion and the Constitution, Fourth Edition, written by a team of well-known Constitutional Law scholars, thoughtfully examines the relationship between government and religion within the framework of the U.S. Constitution. This classroom-tested casebook is suitable for courses in Religious Liberty, Religion and the Constitution, or Religious Institutions and the Law.