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The Cambridge Companion To The First Amendment And Religious Liberty
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Book Synopsis The Cambridge Companion to the First Amendment and Religious Liberty by : Michael D. Breidenbach
Download or read book The Cambridge Companion to the First Amendment and Religious Liberty written by Michael D. Breidenbach and published by Cambridge University Press. This book was released on 2020-01-09 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an interdisciplinary guide to the religion clauses of the First Amendment with a focus on its philosophical foundations, historical developments, and legal and political implications. The volume begins with fundamental questions about God, the nature of belief and worship, conscience, freedom, and their intersections with law. It then traces the history of religious liberty and church-state relations in America through a diverse set of religious and non-religious voices from the seventeenth century to the most recent Supreme Court decisions. The Companion will conclude by addressing legal and political questions concerning the First Amendment and the court cases and controversies surrounding religious liberty today, including the separation of church and state, corporate religious liberty, and constitutional interpretation. This scholarly yet accessible book will introduce students and scholars alike to the main issues concerning the First Amendment and religious liberty, along with offering incisive new insights into one of the most important topics in American culture.
Book Synopsis The Cambridge Companion to the First Amendment and Religious Liberty by : Michael D. Breidenbach
Download or read book The Cambridge Companion to the First Amendment and Religious Liberty written by Michael D. Breidenbach and published by Cambridge University Press. This book was released on 2020-01-09 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers historical, philosophical, legal, and political insights into the First Amendment, religious liberty, and church-state relations.
Book Synopsis Our Dear-Bought Liberty by : Michael D. Breidenbach
Download or read book Our Dear-Bought Liberty written by Michael D. Breidenbach and published by Harvard University Press. This book was released on 2021-05-25 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Liberal Constitutionalism and its Contemporary Challenges by : Gordon Albert Babst
Download or read book Liberal Constitutionalism and its Contemporary Challenges written by Gordon Albert Babst and published by Springer Nature. This book was released on with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Positive Second Amendment by : Joseph Blocher
Download or read book The Positive Second Amendment written by Joseph Blocher and published by Cambridge University Press. This book was released on 2018-09-13 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides the first comprehensive post-Heller account of the Second Amendment as constitutional law - dispelling many myths along the way.
Book Synopsis Religious Liberty and the American Founding by : Vincent Phillip Muñoz
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.
Book Synopsis Between Church and State by : James W. Fraser
Download or read book Between Church and State written by James W. Fraser and published by Palgrave Macmillan. This book was released on 2000-09-02 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, the ongoing battle between religion and public education is once again a burning issue in the United States. Prayer in the classroom, the teaching of creationism, the representation of sexuality in the classroom, and the teaching of morals are just a few of the subjects over which these institutions are skirmishing. James Fraser shows that though these battles have been going on for as long as there have been public schools, there has never been any consensus about the proper relationship between religion and public education. Looking at the most difficult question of how private issues of faith can be reconciled with the very public nature of schooling, Fraser paints a picture of our multicultural society that takes our relationship with God into account.
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 . This book was released on 2012 with total page 211 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 U.S.'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"--Provided by publisher
Book Synopsis God and the Founders by : Vincent Phillip Muñoz
Download or read book God and the Founders written by Vincent Phillip Muñoz and published by Cambridge University Press. This book was released on 2009-10-08 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: God and the Founders explains the church-state political philosophies of James Madison, George Washington, and Thomas Jefferson.
Book Synopsis The Political Origins of Religious Liberty by : Anthony Gill
Download or read book The Political Origins of Religious Liberty written by Anthony Gill and published by Cambridge University Press. This book was released on 2007-10-29 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout history, governments have attempted to control religious organizations and limit religious freedom. However, over the past two hundred years the world has witnessed an expansion of religious liberty. What explains this rise in religious freedom? Anthony Gill argues that political leaders are more likely to allow religious freedom when such laws affect their ability to stay in power, and/or when religious freedoms are seen to enhance the economic well-being of their country.
Book Synopsis The Plight of Western Religion by : Paul Gifford
Download or read book The Plight of Western Religion written by Paul Gifford and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Religion' can be used to mean all kinds of things, but a substantive definition--based on the premise of superhuman powers--can clarify much. It allows us to attempt to differentiate religion from culture, ethnicity, morality and politics. This definition of religion necessarily implies a perception of reality. Until recent centuries in the West, and in most cultures still, the ordinary, natural and immediate way of understanding and experiencing reality was in terms of otherworldly or spiritual forces. However, a cognitive shift has taken place through the rise of science and its subsequent technological application. This new consciousness has not disproved the existence of spiritual forces, but has led to the marginalisation of the other-worldly, which even Western churches seem to accept. They persist, but increasingly as pressure groups promoting humanist values. Claims of 'American exceptionalism' in this regard are misleading. Obama's religion, Evangelical support for Trump, and the mega-church message of success in the capitalist system can all be cultural and political phenomena. This eclipsing of the other-worldly constitutes a watershed in human history, with profound consequences not just for religious institutions but for our entire world order.
Book Synopsis Religious Accommodation and its Limits by : Farrah Raza
Download or read book Religious Accommodation and its Limits written by Farrah Raza and published by Bloomsbury Publishing. This book was released on 2023-04-20 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: On what grounds should religious accommodation claims be limited? When do religious claims harm the autonomy of others? This book proposes an original model of religious accommodation which can be applied in secular liberal democracies where religious diversity has been a hotly contested issue. Addressing the complex question of limitations to the right to Freedom of Religion or Belief and how these limitations might be determined, it examines how religious claims can harm the autonomy of others and emphasises the need for an appropriate balancing of competing interests. Drawing on a range of case study examples from jurisdictions including the US, Canada, the European Court of Human Rights, the European Union's Court of Justice, the UK, Germany and France, this is a timely contribution to the debate on how a legal duty or policy approach in favour of religious accommodation can be applied in practice. Moreover, the proposed model offers criteria that may be used to guide the implementation of equality and diversity policies in contexts such as employment and education. The book will be of interest to academics, legal practitioners and policy-makers in the field.
Book Synopsis The Tragedy of Religious Freedom by : Marc O. DeGirolami
Download or read book The Tragedy of Religious Freedom written by Marc O. DeGirolami and published by Harvard University Press. This book was released on 2013-06-10 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: When it comes to questions of religion, legal scholars face a predicament. They often expect to resolve dilemmas according to general principles of equality, neutrality, or the separation of church and state. But such abstractions fail to do justice to the untidy welter of values at stake. Offering new views of how to understand and protect religious freedom in a democracy, The Tragedy of Religious Freedom challenges the idea that matters of law and religion should be referred to far-flung theories about the First Amendment. Examining a broad array of contemporary and more established Supreme Court rulings, Marc DeGirolami explains why conflicts implicating religious liberty are so emotionally fraught and deeply contested. Twenty-first-century realities of pluralism have outrun how scholars think about religious freedom, DeGirolami asserts. Scholars have not been candid enough about the tragic nature of the conflicts over religious liberty—the clash of opposing interests and aspirations they entail, and the limits of human reason to resolve intractable differences. The Tragedy of Religious Freedom seeks to turn our attention from abstracted, absolute values to concrete, historical realities. Social history, characterized by the struggles of lawyers engaged in the details of irreducible conflicts, represents the most promising avenue to negotiate legal conflicts over religion. In this volume, DeGirolami offers an approach to understanding religious liberty that is neither rigidly systematic nor ad hoc, but a middle path grounded in a pluralistic and historically informed perspective.
Book Synopsis The Cambridge Companion to Business and Human Rights Law by : Ilias Bantekas
Download or read book The Cambridge Companion to Business and Human Rights Law written by Ilias Bantekas and published by Cambridge University Press. This book was released on 2021-09-09 with total page 683 pages. Available in PDF, EPUB and Kindle. Book excerpt: An innovative textbook setting out a systematic approach to business and human rights.
Book Synopsis The Cambridge Companion to Pufendorf by : Knud Haakonssen
Download or read book The Cambridge Companion to Pufendorf written by Knud Haakonssen and published by Cambridge University Press. This book was released on 2022-11-17 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the same intellectual league as Grotius, Hobbes and Locke, but today less well known, Samuel Pufendorf was an early modern master of political, juridical, historical and theological thought. Trained in an erudite humanism, he brought his copious command of ancient and modern literature to bear on precisely honed arguments designed to engage directly with contemporary political and religious problems. Through his fundamental reconstruction of the discipline of natural law, Pufendorf offered a new rationale for the sovereign territorial state, providing it with non-religious foundations in order to fit it for governance of multi-religious societies and to protect his own Protestant faith. He also drew on his humanist learning to write important political histories, a significant lay theology, and vivid polemics against his many opponents. This volume makes the full scope of his thought and writing accessible to English readers for the first time.
Book Synopsis The Cambridge Companion to Legal Positivism by : Torben Spaak
Download or read book The Cambridge Companion to Legal Positivism written by Torben Spaak and published by Cambridge University Press. This book was released on 2021-02-04 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal positivism is one of the fundamental theories of jurisprudence studied in law and related fields around the world. This volume addresses how legal positivism is perceived and makes the case for why it is relevant for contemporary legal theory. The Cambridge Companion to Legal Positivism offers thirty-three chapters from leading scholars that provide a comprehensive commentary on the fundamental ideas of legal positivism, its history and major theorists, its connection to normativity and values, its current development and influence, as well as on the criticisms moved against it.
Book Synopsis The Cambridge Companion to International Arbitration by : C. L. Lim
Download or read book The Cambridge Companion to International Arbitration written by C. L. Lim and published by Cambridge University Press. This book was released on 2021-10-21 with total page 551 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Cambridge Companion explores the main senses of the term 'international arbitration'; including the arbitration of private commercial disputes, disputes between a State and a foreign investor, disputes between States and also between a State and its parts. It treats these various forms as being inter-related, if not always conceptually, then as a matter of history, rather than as collective victims of imprecise language. The book touches not only on current debates but also more foundational aspects, such as the tension between party autonomy and State authority, and the pacifist roots of modern international arbitration. Thus, it aims to offer a concise survey of the history, the main issues as well as the latest developments in a single, handy volume. It will be an invaluable introduction to the subject for students studying international arbitration, commercial law and international law, and also lawyers and the general reader.
