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Author :
Publisher :
ISBN 13 : 9781316356838
Total Pages : pages
Book Rating : 4.3/5 (568 download)
Download or read book Distinctiveness of Religion in American Law: Rethinking Religion Clause Jurisprudence written by and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Kathleen A. Brady
Publisher : Cambridge University Press
ISBN 13 : 1107016509
Total Pages : 355 pages
Book Rating : 4.1/5 (7 download)
Download or read book The Distinctiveness of Religion in American Law written by Kathleen A. Brady and published by Cambridge University Press. This book was released on 2015-07-23 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: In light of recent Supreme Court decisions, this book defends traditional religious protections under the First Amendment.
Author : Joshua Dubler
Publisher :
ISBN 13 : 9781479812417
Total Pages : pages
Book Rating : 4.8/5 (124 download)
Download or read book Religion, Law, USA written by Joshua Dubler and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.0What 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.0Each 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 : Kathleen A. Brady
Publisher : Cambridge University Press
ISBN 13 : 1316351831
Total Pages : 355 pages
Book Rating : 4.3/5 (163 download)
Download or read book The Distinctiveness of Religion in American Law written by Kathleen A. Brady and published by Cambridge University Press. This book was released on 2015-07-23 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Austin Sarat
Publisher : Cambridge University Press
ISBN 13 : 1107023688
Total Pages : 325 pages
Book Rating : 4.1/5 (7 download)
Download or read book Legal Responses to Religious Practices in the United States written by Austin Sarat and published by Cambridge University Press. This book was released on 2012-09-10 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book questions what practices constitute a "religious activity" such that it cannot be supported or funded by government. It examines the history of accommodating laws when there is tension between respecting religious freedom and maintaining First Amendment requirements that government be neutral.
Author : John Witte, Jr.
Publisher : Oxford University Press
ISBN 13 : 0190459441
Total Pages : 432 pages
Book Rating : 4.1/5 (94 download)
Download or read book Religion and the American Constitutional Experiment written by John Witte, Jr. and published by Oxford University Press. This book was released on 2016-03-11 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This accessible introduction tells the American story of religious liberty from its colonial beginnings to the latest Supreme Court cases. The authors provide extensive analysis of the formation of the First Amendment religion clauses and the plausible original intent or understanding of the founders. They describe the enduring principles of American religious freedom--liberty of conscience, free exercise of religion, religious equality, religious pluralism, separation of church and state, and no establishment of religion--as those principles were developed by the founders and applied by the Supreme Court. Successive chapters analyze the two hundred plus Supreme Court cases on religious freedom--on the free exercise of religion, the roles of government and religion in education, the place of religion in public life, and the interaction of religious organizations and the state. A final chapter shows how favorably American religious freedom compares with international human rights norms and European Court of Human Rights case law. Lucid, comprehensive, multidisciplinary, and balanced, this volume is an ideal classroom text and armchair paperback. Detailed appendices offer drafts of each of the religion clauses debated in 1788 and 1789, a table of all state constitutional laws on religious freedom, and a summary of every Supreme Court case on religious liberty from 1815 to 2015. Throughout the volume, the authors address frankly and fully the hot button issues of our day: religious freedom versus sexual liberty, freedom of conscience and its limitations, religious group rights and the worries about abuse, faith-based legal systems and their place in liberal democracies, and the fresh rise of anti-Semitism, Islamophobia, and anti-Christianity in America and abroad. For this new edition, the authors have updated each chapter in light of new scholarship and new Supreme Court case law (through the 2015 term) and have added an appendix mapping some of the cutting edge issues of religious liberty and church-state relations.
Author : John Witte
Publisher : Oxford University Press
ISBN 13 : 0190459425
Total Pages : 425 pages
Book Rating : 4.1/5 (94 download)
Download or read book Religion and the American Constitutional Experiment written by John Witte and published by Oxford University Press. This book was released on 2016 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This new edition of a classic textbook provides a comprehensive, interdisciplinary overview of the history, theology, and law of American religious liberty. The authors offer a balanced and accessible analysis of First Amendment cases and controversies, and compare them to both the original teachings of the American founders and current international norms of religious liberty"--
Author : Erwin Chemerinsky
Publisher : Oxford University Press
ISBN 13 : 0190699744
Total Pages : 240 pages
Book Rating : 4.1/5 (96 download)
Download or read book The Religion Clauses written by Erwin Chemerinsky and published by Oxford University Press. This book was released on 2020-07-30 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout American history, views on the proper relationship between the state and religion have been deeply divided. And, with recent changes in the composition of the Supreme Court, First Amendment law concerning religion is likely to change dramatically in the years ahead. In The Religion Clauses, Erwin Chemerinsky and Howard Gillman, two of America's leading constitutional scholars, begin by explaining how freedom of religion is enshrined in the First Amendment through two provisions. They defend a robust view of both clauses and work from the premise that that the establishment clause is best understood, in the words of Thomas Jefferson, as creating a wall separating church and state. After examining all the major approaches to the meaning of the Constitution's religion clauses, they contend that the best approaches are for the government to be strictly secular and for there to be no special exemptions for religious people from neutral and general laws that others must obey. In an America that is only becoming more diverse with respect to religion, this is not only the fairest approach, but the one most in tune with what the First Amendment actually prescribes. Both a pithy primer on the meaning of the religion clauses and a broad-ranging indictment of the Court's misinterpretation of them in recent years, The Religion Clauses shows how a separationist approach is most consistent with the concerns of the founders who drafted the Constitution and with the needs of a religiously pluralistic society in the 21st century.
Author : Ellis M. West
Publisher : Springer
ISBN 13 : 3030060527
Total Pages : 317 pages
Book Rating : 4.0/5 (3 download)
Download or read book The Free Exercise of Religion in America written by Ellis M. West and published by Springer. This book was released on 2019-02-05 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains the original meaning of the two religion clauses of the First Amendment: “Congress shall make no law [1] respecting an establishment of religion or [2] prohibiting the free exercise thereof.” As the book shows, both clauses were intended to protect the free exercise of religion or religious freedom. West shows the position taken by early Americans on four issues: (1) the general meaning of the “free exercise of religion,” including whether it is different from the meaning of “no establishment of religion”; (2) whether the free exercise of religion may be intentionally and directly limited, and if so, under what circumstances; (3) whether laws regulating temporal matters that also have a religious sanction violate the free exercise of religion; and (4) whether the free exercise of religion gives persons a right to be exempt from obeying valid civil laws that unintentionally and indirectly make it difficult or impossible to practice their religion in some way. A definitive work on the subject and a major contribution to the field of constitutional law and history, this volume is key to a better understanding of the ongoing constitutional adjudication based on the religion clauses of the First Amendment.
Author : Steven D. Smith
Publisher : University of Notre Dame Pess
ISBN 13 : 0268206902
Total Pages : 215 pages
Book Rating : 4.2/5 (682 download)
Download or read book The Disintegrating Conscience and the Decline of Modernity written by Steven D. Smith and published by University of Notre Dame Pess. This book was released on 2023-10-15 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers how the modern concept of “conscience” turns the historic commitment on its head, in a way that underlies the decadence of modern society. Steven D. Smith’s books are always anticipated with great interest by scholars, jurists, and citizens who see his work on foundational questions surrounding law and religion as shaping the debate in profound ways. Now, in The Disintegrating Conscience and the Decline of Modernity, Smith takes as his starting point Jacques Barzun’s provocative assertion that “the modern era” is coming to an end. Smith considers the question of decline by focusing on a single theme—conscience—that has been central to much of what has happened in Western politics, law, and religion over the past half-millennium. Rather than attempting to follow that theme step-by-step through five hundred years, the book adopts an episodic and dramatic approach by focusing on three main figures and particularly portentous episodes: first, Thomas More’s execution for his conscientious refusal to take an oath mandated by Henry VIII; second, James Madison’s contribution to Virginia law in removing the proposed requirement of religious toleration in favor of freedom of conscience; and, third, William Brennan’s pledge to separate his religious faith from his performance as a Supreme Court justice. These three episodes, Smith suggests, reflect in microcosm decisive turning points at which Western civilization changed from what it had been in premodern times to what it is today. A commitment to conscience, Smith argues, has been a central and in some ways defining feature of modern Western civilization, and yet in a crucial sense conscience in the time of Brennan and today has come to mean almost the opposite of what it meant to Thomas More. By scrutinizing these men and episodes, the book seeks to illuminate subtle but transformative changes in the commitment to conscience—changes that helped to bring Thomas More’s world to an end and that may also be contributing to the disintegration of (per Barzun) “the modern era.”
Author : Vincent Phillip Muñoz
Publisher : University of Chicago Press
ISBN 13 : 0226821439
Total Pages : 345 pages
Book Rating : 4.2/5 (268 download)
Download or read book Religious Liberty and the American Founding written by Vincent Phillip Muñoz and published by University of Chicago Press. This book was released on 2022-08-24 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Rex Ahdar
Publisher : Edward Elgar Publishing
ISBN 13 : 1788112474
Total Pages : 512 pages
Book Rating : 4.7/5 (881 download)
Download or read book Research Handbook on Law and Religion written by Rex Ahdar and published by Edward Elgar Publishing. This book was released on 2018-09-28 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering an interdisciplinary, international and philosophical perspective, this comprehensive Research Handbook explores both perennial and recent legal issues that concern the modern state and its interaction with religious communities and individuals.
Author : Allen D. Hertzke
Publisher : Routledge
ISBN 13 : 0429947356
Total Pages : 378 pages
Book Rating : 4.4/5 (299 download)
Download or read book Religion and Politics in America written by Allen D. Hertzke and published by Routledge. This book was released on 2018-08-06 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religion and politics are never far from the headlines, but their relationship remains complex and often confusing. This book offers an engaging, accessible, and balanced treatment of religion in American politics. It explores the historical, cultural, and legal contexts that motivate religious political engagement and assesses the pragmatic and strategic political realities that religious organizations and people face. Incorporating the best and most current scholarship, the authors examine the evolving politics of Roman Catholics; evangelical and mainline Protestants; African-American and Latino traditions; Jews, Muslims, and other religious minorities; recent immigrants and religious "nones"; and other conventional and not-so-conventional American religious movements. New to the Sixth Edition • Covers the 2016 election and assesses the role of religion from Obama to Trump. • Expands substantially on religion’s relationship to gender and sexuality, race, ethnicity, and class, and features the role of social media in religious mobilization. • Adds discussion questions at the end of every chapter, to help students gain deeper understanding of the subject. • Adds a new concluding chapter on the normative issues raised by religious political engagement, to stimulate lively discussions.
Author : Rafael Domingo
Publisher : CUA Press
ISBN 13 : 0813237297
Total Pages : 353 pages
Book Rating : 4.8/5 (132 download)
Download or read book Law and Religion in a Secular Age written by Rafael Domingo and published by CUA Press. This book was released on 2023 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 13 : 9004445595
Total Pages : 271 pages
Book Rating : 4.0/5 (44 download)
Download or read book Painting Constitutional Law written by and published by BRILL. This book was released on 2021-01-11 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 13 : 0199988455
Total Pages : 793 pages
Book Rating : 4.1/5 (999 download)
Download or read book The Oxford Handbook of Secularism written by Phil Zuckerman and published by Oxford University Press. This book was released on 2017 with total page 793 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 13 : 0197587259
Total Pages : 513 pages
Book Rating : 4.1/5 (975 download)
Download or read book Christianity and Constitutionalism written by Nicholas Aroney and published by Oxford University Press. This book was released on 2022-09-27 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
