Freedom Of Religion In America Historical Roots Philosophical Concepts Contemporary Problems
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Freedom of Religion in America: Historical Roots, Philosophical Concepts, Contemporary Problems by Henry B. Clark Pdf
Presenting perceptive essays on various aspects of religious liberty, the contributors to this volume provide an overview of the history and the issues surrounding religion in America.
New Netherland and the Dutch Origins of American Religious Liberty by Evan Haefeli Pdf
The settlers of New Netherland were obligated to uphold religious toleration as a legal right by the Dutch Republic's founding document, the 1579 Union of Utrecht, which stated that "everyone shall remain free in religion and that no one may be persecuted or investigated because of religion." For early American historians this statement, unique in the world at its time, lies at the root of American pluralism. New Netherland and the Dutch Origins of American Religious Liberty offers a new reading of the way tolerance operated in colonial America. Using sources in several languages and looking at laws and ideas as well as their enforcement and resistance, Evan Haefeli shows that, although tolerance as a general principle was respected in the colony, there was a pronounced struggle against it in practice. Crucial to the fate of New Netherland were the changing religious and political dynamics within the English empire. In the end, Haefeli argues, the most crucial factor in laying the groundwork for religious tolerance in colonial America was less what the Dutch did than their loss of the region to the English at a moment when the English were unusually open to religious tolerance. This legacy, often overlooked, turns out to be critical to the history of American religious diversity. By setting Dutch America within its broader imperial context, New Netherland and the Dutch Origins of American Religious Liberty offers a comprehensive and nuanced history of a conflict integral to the histories of the Dutch republic, early America, and religious tolerance.
The Supreme Court and Religion in American Life, Vol. 1 by James Hitchcock Pdf
School vouchers. The Pledge of Allegiance. The ban on government grants for theology students. The abundance of church and state issues brought before the Supreme Court in recent years underscores an incontrovertible truth in the American legal system: the relationship between the state and religion in this country is still fluid and changing. This, the first of two volumes by historian and legal scholar James Hitchcock, provides the first comprehensive exploration of the Supreme Court's approach to religion, offering a close look at every case, including some that scholars have ignored. Hitchcock traces the history of the way the Court has rendered important decisions involving religious liberty. Prior to World War II it issued relatively few decisions interpreting the Religious Clauses of the Constitution. Nonetheless, it addressed some very important ideas, including the 1819 Dartmouth College case, which protected private religious education from state control, and the Mormon polygamy cases, which established the principle that religious liberty was restricted by the perceived good of society. It was not until the 1940s that a revolutionary change occurred in the way the Supreme Court viewed religion. During that era, the Court steadily expanded the scope of religious liberty to include many things that were probably not intended by the framers of the Constitution, and it narrowed the permissible scope of religion in public life, barring most kinds of public aid to religious schools and forbidding almost all forms of religious expression in the public schools. This book, along with its companion volume, From "Higher Law" to "Sectarian Scruples," offers a fresh analysis of the Court's most important decisions in constitutional doctrine. Sweeping in range, it paints a detailed picture of the changing relationship between religion and the state in American history.
Author : Allen D. Hertzke Publisher : University of Oklahoma Press Page : 288 pages File Size : 42,5 Mb Release : 2015-01-13 Category : Law ISBN : 9780806149905
Religious Freedom in America by Allen D. Hertzke Pdf
All Americans, liberal or conservative, religious or not, can agree that religious freedom, anchored in conscience rights, is foundational to the U.S. democratic experiment. But what freedom of conscience means, what its scope and limits are, according to the Constitution—these are matters for heated debate. At a moment when such questions loom ever larger in the nation’s contentious politics and fraught policy-making process, this timely book offers invaluable historical, empirical, philosophical, and analytical insight into the American constitutional heritage of religious liberty. As the contributors to this interdisciplinary volume attest, understanding religious freedom demands taking multiple perspectives. The historians guide us through the legacy of religious freedom, from the nation’s founding and the rise of public education, through the waves of immigration that added successive layers of diversity to American society. The social scientists discuss the swift, striking effects of judicial decision making and the battles over free exercise in a complex, bureaucratic society. Advocates remind us of the tensions abiding in schools and other familiar institutions, and of the major role minorities play in shaping free exercise under our constitutional regime. And the jurists emphasize that this is a messy area of constitutional law. Their work brings out the conflicts inherent in interpreting the First Amendment—tensions between free exercise and disestablishment, between the legislative and judicial branches of government, and along the complex and ever-shifting boundaries of religion, state, and society. What emerges most clearly from these essays is how central religious liberty is to America’s civic fabric—and how, under increasing pressure from both religious and secular forces, this First Amendment freedom demands our full attention and understanding.
Law and Religion, An Overview by Silvio Ferrari Pdf
The focus of this volume is on the historical and geographical elements of law and religion. The first part delineates and analyzes the relation between church and state from the Gregorian Revolution to the human rights era and gives a sense of the evolution of the church and state relationship, whilst the second part explores law and religion issues around the world. The volume redresses the tendency towards a western-centric approach in the discipline by including essays from regional experts which present local approaches to law and religion in Asia, Africa, and South America. The collection is unique in that it brings together wide-ranging case studies and out-of-print papers and is an important resource for established and new scholars in the field.
Indigeneity, Citizenship and the State by Kedilezo Kikhi,Amiya Kumar Das,Piyashi Dutta Pdf
Whatever be the definition of 'indigenous' vis-a-vis 'indigeneity', and however concensual it might be, both these terms have been inferred, applied and questioned in multifarious ways. The concept indigeneity in Asia has transformed considerably, over a period of time. With the rise in the indigeneity movement and large-scale migration, citizenship within national borders is challenged, and the borders in question are also contested. This book chronicles the discernible strains on the questions of indegeneity, citizenship, identity, and border making in the Northeast India. The issues pertaining to indigeneity, citizenship, and state, are also a reminder of the residues of colonial doings that have had a colossal impact till this day. Through empirical evidence backed by theoretical underpinnings, each essay in the book demonstrates the diversity of approaches that can be used to interrogate the debate on indegeneity, citizenship, the state, and opens the conversation on Northeast India. This book is co-published with Aakar Books. Print edition not for sale in South Asia (India, Sri Lanka, Nepal, Bangladesh, Pakistan and Bhutan)
Religious Liberty in America by Bruce T. Murray Pdf
From the Publisher: In recent years a series of highly publicized controversies has focused attention on what are arguably the sixteen most important words in the U.S. Constitution: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." The ongoing court battles over the inclusion of the words "under God" in the Pledge of Allegiance, the now annual cultural quarrel over "Merry Christmas" vs. "Happy Holidays," and the political promotion of "faith-based initiatives" to address social problems-all reflect competing views of the meaning of the religious liberty clauses of the First Amendment. Such disputes, as Bruce T. Murray shows, are nothing new. For more than two hundred years Americans have disagreed about the proper role of religion in public life and where to draw the line between church and state. In this book, he reexamines these debates and distills the volumes of commentary and case law they have generated. He analyzes not only the changing contours of religious freedom but also the phenomenon of American civil religion, grounded in the notion that the nation's purpose is sanctified by a higher authority-an idea that can be traced back to the earliest New England colonists and remains deeply ingrained in the American psyche. Throughout the book, Murray connects past and present, tracing the historical roots of contemporary controversies. He considers why it is that a country founded on the separation of church and state remains singularly religious among nations, and concludes by showing how the Supreme Court's thinking about the religious liberty clauses has evolved since the late eighteenth century.
The Tragedy of Religious Freedom by Marc O. DeGirolami Pdf
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.
The Religious Origins of American Freedom and Equality by David Peddle Pdf
The metaphor of a “wall of separation” between church and state obscures the substantial connection that exists between the Christian religion and American liberalism. The central thesis of this work challenges the legitimacy of this metaphor as it appears in Supreme Court decisions and in the thought of the philosopher John Rawls. The Religious Origins of American Freedom and Equality provides a provocative interpretation of the nature of Christian and liberal principles, suggesting that the principles of individual freedom and equality were forged even within the conservative elements of Calvinism and Puritanism. Recognition of this substantial intellectual connection has the potential to help reshape our conception of the separation of church and state by tempering the opposition between religious and political concepts and values. The purpose of The Religious Origins of American Freedom and Equality then, is to contribute to an understanding of public reason that is more open to the contributions of religious perspectives. The work attempts to show how religious doctrines, currently obscured by historical context and hermeneutical dogmatism, have nonetheless played a formative role in the evolution of the freedom and equality that is foundational to contemporary liberalism. Understanding the genesis of the concepts of freedom and equality tempers the conceptual opposition between church and state and allows a clearer more inclusive interpretation of the nature of their separation. The originality of the work is fourfold: (1) the challenge its central thesis poses to dominant constructions of public reason, freedom, and equality; (2) the interdisciplinary method through which it brings the findings of a variety of disciplines to bear on a central issues in political philosophy; (3) the challenge it brings to the analytic and pragmatic approach of contemporary liberalism through its assertion of the importance of historical context to contemporary ideas; and (4) the degree to which it engages theology in its relation to contemporary questions.
