Foreordained Failure

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Foreordained Failure

Author : Steven Douglas Smith
Publisher : Oxford University Press, USA
ISBN 13 : 0195132483
Total Pages : 190 pages
Book Rating : 4.1/5 (951 download)

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Book Synopsis Foreordained Failure by : Steven Douglas Smith

Download or read book Foreordained Failure written by Steven Douglas Smith and published by Oxford University Press, USA. This book was released on 1999 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever since the Supreme Court began enforcing the First Amendment's religion clauses in the 1940s, courts and scholars have tried to distill the meaning of those clauses into a useable principle of religious freedom. In Foreordained Failure, Smith argues that efforts to find a principle of religious freedom in the "original meaning" are futile, but not because the original meaning is irrecoverable. The difficulty is that the religion clauses were not originally intended to approve any principle or right of religious freedom. Rather, the clauses were purely jurisdictional in nature; they were intended to do nothing more than confirm that authority over questions of religion remained with the states. This work will be of great interest to law scholars, lawyers, judges, and other readers concerned with the subject of religious freedom.

The Religion Clauses of the First Amendment

Author : Ellis M. West
Publisher : Lexington Books
ISBN 13 : 0739146793
Total Pages : 218 pages
Book Rating : 4.7/5 (391 download)

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Book Synopsis The Religion Clauses of the First Amendment by : Ellis M. West

Download or read book The Religion Clauses of the First Amendment written by Ellis M. West and published by Lexington Books. This book was released on 2012-07-10 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: The First Amendment of the U. S. Constitution begins: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . ." The Supreme Court has consistently held that these words, usually called the "religion clauses," were meant to prohibit laws that violate religious freedom or equality. In recent years, however, a growing number of constitutional law and history scholars have contended that the religion clauses were not intended to protect religious freedom, but to reserve the states' rights to legislate on. If the states' rights interpretation of the religion clauses were correct and came to be accepted by the Supreme Court, it could profoundly affect the way the Court decides church-state cases involving state laws. It would allow the states to legislate on religion-even to violate religious freedom, discriminate on the basis of religion, or to establish a particular religion. This book carefully, thoroughly, and critically examines all the arguments for such an interpretation and, more importantly, all the available historical evidence. It concludes that the clauses were meant to protect religious freedom and equality of the individuals not the states' rights

The Rule of Law and the Rule of God

Author : S. Ilesanmi
Publisher : Springer
ISBN 13 : 1137447761
Total Pages : 284 pages
Book Rating : 4.1/5 (374 download)

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Book Synopsis The Rule of Law and the Rule of God by : S. Ilesanmi

Download or read book The Rule of Law and the Rule of God written by S. Ilesanmi and published by Springer. This book was released on 2014-10-09 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the competing regimes of law and religion an offers a multidisciplinary approach to demonstrate the global scope of their influence. It argues that the tension between these two institutions results from their disagreements about the kinds of rule that should govern human life and society, and from where they should be derived.

No Establishment of Religion

Author : T. Jeremy Gunn
Publisher : Oxford University Press
ISBN 13 : 0199860386
Total Pages : 415 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis No Establishment of Religion by : T. Jeremy Gunn

Download or read book No Establishment of Religion written by T. Jeremy Gunn and published by Oxford University Press. This book was released on 2012-11-05 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: The First Amendment guarantee that "Congress shall make no law respecting an establishment of religion" rejected the millennium-old Western policy of supporting one form of Christianity in each nation and subjugating all other faiths. The exact meaning and application of this American innovation, however, has always proved elusive. Individual states found it difficult to remove traditional laws that controlled religious doctrine, liturgy, and church life, and that discriminated against unpopular religions. They found it even harder to decide more subtle legal questions that continue to divide Americans today: Did the constitution prohibit governmental support for religion altogether, or just preferential support for some religions over others? Did it require that government remove Sabbath, blasphemy, and oath-taking laws, or could they now be justified on other grounds? Did it mean the removal of religious texts, symbols, and ceremonies from public documents and government lands, or could a democratic government represent these in ever more inclusive ways? These twelve essays stake out strong and sometimes competing positions on what "no establishment of religion" meant to the American founders and to subsequent generations of Americans, and what it might mean today.

Religion and the Continental Congress, 1774-1789

Author : Derek H. Davis
Publisher : Oxford University Press
ISBN 13 : 019535088X
Total Pages : 328 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Religion and the Continental Congress, 1774-1789 by : Derek H. Davis

Download or read book Religion and the Continental Congress, 1774-1789 written by Derek H. Davis and published by Oxford University Press. This book was released on 2000-05-04 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: How did the constitutional framers envision the role of religion in American public life? Did they think that the government had the right to advance or support religion and religious activities? Or did they believe that the two realms should remain forever separate? Throughout American history, scholars, Supreme Court justices, and members of the American public have debated these questions. The debate continues to have significance in the present day, especially in regard to public schools, government aid to sectarian education, and the use of public property for religious symbols. In this book, Derek Hamilton Davis offers the first comprehensive examination of the role of religion in the proceedings, theories, ideas, and goals of the Continental Congress. Those who argue that the United States was founded as a "Christian Nation" have made much of the religiosity of the founders, particularly as it was manifested in the ritual invocations of a clearly Christian God as well as in the adoption of practices such as government-sanctioned days of fasting and thanksgiving, prayers and preaching before legislative bodies, and the appointments of chaplains to the Army. Davis looks at the fifteen-year experience of the Continental Congress (1774-1789) and arrives at a contrary conclusion: namely, that the revolutionaries did not seek to entrench religion in the federal state. Congress's religious activities, he shows, expressed a genuine but often unreflective popular piety. Indeed, the whole point of the revolution was to distinguish society, the people in its sovereign majesty, from its government. A religious people would jealously guard its own sovereignty and the sovereignty of God by preventing republican rulers from pretending to any authority over religion. The idea that a modern nation could be premised on expressly theological foundations, Davis argues, was utterly antithetical to the thinking of most revolutionaries.

Masters of Illusion

Author : Frank S. Ravitch
Publisher : NYU Press
ISBN 13 : 0814769179
Total Pages : 241 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis Masters of Illusion by : Frank S. Ravitch

Download or read book Masters of Illusion written by Frank S. Ravitch and published by NYU Press. This book was released on 2007-04-01 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many legal theorists and judges agree on one major premise in the field of law and religion: that religion clause jurisprudence is in a state of disarray and has been for some time. In Masters of Illusion, Frank S. Ravitch provocatively contends that both hard originalism (a strict focus on the intent of the Framers) and neutrality are illusory in religion clause jurisprudence, the former because it cannot live up to its promise for either side in the debate and the latter because it is simply impossible in the religion clause context. Yet these two principles have been used in almost every Supreme Court decision addressing religion clause questions. Ravitch unpacks the various principles of religion clause interpretation, drawing on contemporary debates such as school prayer and displaying the Ten Commandments on courthouses, to demonstrate that the neutrality principle does not work in a pluralistic society. When defined by large, overarching principles of equality and liberty, neutrality fails to account for differences between groups and individuals. If, however, the Court drew on a variety of principles instead of a single notion of neutrality to decide whether or not laws facilitated or discouraged religious practices, the result could be a more equitable approach to religion clause cases.

Freedom of Religion Under Bills of Rights

Author : Paul Babie
Publisher : University of Adelaide Press
ISBN 13 : 098717181X
Total Pages : 466 pages
Book Rating : 4.9/5 (871 download)

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Book Synopsis Freedom of Religion Under Bills of Rights by : Paul Babie

Download or read book Freedom of Religion Under Bills of Rights written by Paul Babie and published by University of Adelaide Press. This book was released on 2012 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Australian Constitution contains no guarantee of freedom of religion or freedom of conscience. Indeed, it contains very few provisions dealing with rights — in essence, it is a Constitution that confines itself mainly to prescribing a framework for federal government, setting out the various powers of government and limiting them as between federal and state governments and the three branches of government without attempting to define the rights of citizens except in minor respects. […] Whether Australia should have a national bill of rights has been a controversial issue for quite some time. This is despite the fact that Australia has acceded to the ICCPR, as well as the First Optional Protocol to the ICCPR, thereby accepting an international obligation to bring Australian law into line with the ICCPR, an obligation that Australia has not discharged. Australia is the only country in the Western world without a national bill of rights.4 The chapters that follow in this book debate the situation in Australia and in various other Western jurisdictions.' From Foreword by The Hon Sir Anthony Mason AC KBE: Human Rights and Courts

Defending American Religious Neutrality

Author : Andrew Koppelman
Publisher : Harvard University Press
ISBN 13 : 0674071077
Total Pages : 316 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Defending American Religious Neutrality by : Andrew Koppelman

Download or read book Defending American Religious Neutrality written by Andrew Koppelman and published by Harvard University Press. This book was released on 2013-01-01 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Church, State, and Original Intent

Author : Donald L. Drakeman
Publisher : Cambridge University Press
ISBN 13 : 0521119189
Total Pages : 383 pages
Book Rating : 4.5/5 (211 download)

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Book Synopsis Church, State, and Original Intent by : Donald L. Drakeman

Download or read book Church, State, and Original Intent written by Donald L. Drakeman and published by Cambridge University Press. This book was released on 2010 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: This provocative book shows how the justices of the United States Supreme Court have used constitutional history, portraying the Framers' actions in a light favoring their own views about how church and state should be separated. Drakeman examines church-state constitutional controversies from the Founding Era to the present, arguing that the Framers originally intended the establishment clause only as a prohibition against a single national church.

Getting Over Equality

Author : Steven D. Smith
Publisher : NYU Press
ISBN 13 : 9780814797945
Total Pages : 250 pages
Book Rating : 4.7/5 (979 download)

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Book Synopsis Getting Over Equality by : Steven D. Smith

Download or read book Getting Over Equality written by Steven D. Smith and published by NYU Press. This book was released on 2001-09 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: 8 Theism and Tolerance

Why Religious Freedom Matters for Democracy

Author : Myriam Hunter-Henin
Publisher : Bloomsbury Publishing
ISBN 13 : 150990476X
Total Pages : 160 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Why Religious Freedom Matters for Democracy by : Myriam Hunter-Henin

Download or read book Why Religious Freedom Matters for Democracy written by Myriam Hunter-Henin and published by Bloomsbury Publishing. This book was released on 2020-06-11 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should an employee be allowed to wear a religious symbol at work? Should a religious employer be allowed to impose constraints on employees' private lives for the sake of enforcing a religious work ethos? Should an employee or service provider be allowed, on religious grounds, to refuse to work with customers of the opposite sex or of a same-sex sexual orientation? This book explores how judges decide these issues and defends a democratic approach, which is conducive to a more democratic understanding of our vivre ensemble. The normative democratic approach proposed in this book is grounded on a sociological and historical analysis of two national stories of the relationships between law, religion, diversity and the State, the British (mainly English) and the French stories. The book then puts the democratic paradigm to the test, by looking at cases involving clashes between religious freedoms and competing rights in the workplace. Contrary to the current alternative between the “accommodationist view”, which defers to religious requests, and the “analogous” view, which undermines the importance of religious freedom for pluralism, this book offers a third way. It fills a gap in the literature on the relationships between law and religious freedoms and provides guidelines for judges confronted with difficult cases.

Perfectionism and Neutrality

Author : Klosko
Publisher : Rowman & Littlefield Publishers
ISBN 13 : 0585466556
Total Pages : 300 pages
Book Rating : 4.5/5 (854 download)

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Book Synopsis Perfectionism and Neutrality by : Klosko

Download or read book Perfectionism and Neutrality written by Klosko and published by Rowman & Littlefield Publishers. This book was released on 2004-09-01 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past twenty years, the debate between neutrality and perfectionism has been at the center of political philosophy. Now Perfectionism and Neutrality: Essays in Liberal Theory brings together classic papers and new ideas on both sides of the discussion. Editors George Klosko and Steven Wall provide a substantive introduction to the history and theories of perfectionism and neutrality, expertly contextualizing the essays and making the collection accessible to everyone interested in the interaction between morals and the state.

Transforming Religious Liberties

Author : S. I. Strong
Publisher : Cambridge University Press
ISBN 13 : 1107179335
Total Pages : 377 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Transforming Religious Liberties by : S. I. Strong

Download or read book Transforming Religious Liberties written by S. I. Strong and published by Cambridge University Press. This book was released on 2017-10-26 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proposes a new theoretical approach to religious liberty that both transcends and transforms current approaches to law and religion.

Religious Freedom in the Liberal State

Author : Rex Ahdar
Publisher : Oxford University Press
ISBN 13 : 0199606471
Total Pages : 528 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Religious Freedom in the Liberal State by : Rex Ahdar

Download or read book Religious Freedom in the Liberal State written by Rex Ahdar and published by Oxford University Press. This book was released on 2013-03-21 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rex Ahdar and Ian Leigh present a critique of how religious freedom should be understood in liberal legal systems, based on historical and contemporary controversies.

Religious Rights

Author : Lorenzo Zucca
Publisher : Routledge
ISBN 13 : 1351904604
Total Pages : 601 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Religious Rights by : Lorenzo Zucca

Download or read book Religious Rights written by Lorenzo Zucca and published by Routledge. This book was released on 2017-05-15 with total page 601 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central focus of this collection of essays is the role and place of freedom of religion in the protection and promotion of world order. The volume offers competing models of world order from a global perspective and highlights the lack of consensus and considerable variety of practice and belief around the globe as to the definition of religious freedom and where and whether freedom of religion is regarded as the first freedom in the world. The leading theories of freedom of religion are discussed and provide an understanding of freedom of religion beyond the nation state. The liberal view at the global level is also examined and observations are included regarding the need to rethink secularism in the light of present circumstances and within the global context.

Challenges to Religious Liberty in the Twenty-First Century

Author : Gerard V. Bradley
Publisher : Cambridge University Press
ISBN 13 : 1107378788
Total Pages : 231 pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis Challenges to Religious Liberty in the Twenty-First Century by : Gerard V. Bradley

Download or read book Challenges to Religious Liberty in the Twenty-First Century written by Gerard V. Bradley and published by Cambridge University Press. This book was released on 2012-03-12 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Almost everyone today affirms the importance and merit of religious liberty. But religious liberty is being challenged by new questions (for example, use of the niqab or church adoption services for same-sex couples) and new forces (such as globalization and Islamism). Combined, these make the meaning of religious liberty in the twenty-first century uncertain. This collection of essays by ten of the world's leading scholars on religious liberty takes aim at these issues. The book is arranged around five specific challenges to religious liberty today: the state's responsibility to prevent coercion and intimidation of believers by others within the same faith community; the US's basic moral responsibilities to promote religious liberty abroad; how to understand and apply the traditional right of conscientious objection in today's circumstances; the distinctive problems presented by globalization; and the viability today of an 'originalist' interpretation of the First Amendment religion clauses.

The Agnostic Age

Author : Paul Horwitz
Publisher : Oxford University Press
ISBN 13 : 019973772X
Total Pages : 351 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis The Agnostic Age by : Paul Horwitz

Download or read book The Agnostic Age written by Paul Horwitz and published by Oxford University Press. This book was released on 2011-02-17 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.