Religion And American Law

Author : Isaac Weiner
Publisher : NYU Press
Page : 318 pages
File Size : 40,8 Mb
Release : 2019-07-02
Category : Religion
ISBN : 9781479891399

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Religion, Law, USA by Isaac Weiner Pdf

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
Page : 618 pages
File Size : 54,9 Mb
Release : 2003-12-16
Category : Education
ISBN : 9781136919565

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Religion and American Law by Paul Finkelman Pdf

First published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.

Author : Robert F. Cochran
Publisher : NYU Press
Page : 311 pages
File Size : 52,6 Mb
Release : 2008
Category : Law
ISBN : 9780814716731

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Faith and Law by Robert F. Cochran Pdf

The relationship between religion and the law is a hot-button topic in America, with the courts, Congress, journalists, and others engaging in animated debates on what influence, if any, the former should have on the latter. Many of these discussions are dominated by the legal perspective, which views religion as a threat to the law; it is rare to hear how various religions in America view American law, even though most religions have distinct views on law. In Faith and Law, legal scholars from sixteen different religious traditions contend that religious discourse has an important function in the making, practice, and adjudication of American law, not least because our laws rest upon a framework of religious values. The book includes faiths that have traditionally had an impact on American law, as well as new immigrant faiths that are likely to have a growing influence. Each contributor describes how his or her tradition views law and addresses one legal issue from that perspective. Topics include abortion, gay rights, euthanasia, immigrant rights, and blasphemy and free speech.

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 40,8 Mb
Release : 2015
Category : Electronic
ISBN : 1316356833

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Distinctiveness of Religion in American Law: Rethinking Religion Clause Jurisprudence by Anonim Pdf

Author : Paul Finkelman
Publisher : Routledge
Page : 1135 pages
File Size : 42,5 Mb
Release : 2018-05-08
Category : Political Science
ISBN : 9781351261821

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Routledge Revivals: Religion and American Law (2006) by Paul Finkelman Pdf

Originally published in 2000, the Encyclopedia of Religion and American Law, comprehensively describes and analyses important cases and legal controversies between religion and state. The book has contributions from numerous distinguished history and law professors and practicing attorneys of the period. It provides short and articulate encyclopedic style entries which capture the colour, richness and complexity of the topics covered. The book’s multidisciplinary approach will make it an ideal library reference resource for scholars and students of law, as well as a valuable addition to any legal collection.

Author : Scott A. Merriman
Publisher : Bloomsbury Publishing USA
Page : 679 pages
File Size : 54,9 Mb
Release : 2007-05-18
Category : Religion
ISBN : 9781851098644

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Religion and the Law in America [2 volumes] by Scott A. Merriman Pdf

This work is a comprehensive survey of one of the oldest—and hottest—debates in American history: the role of religion in the public discourse. The relationship between church and state was contentious long before the framers of the Constitution undertook the bold experiment of separating the two, sparking a debate that would rage for centuries: What is the role of religion in government—and vice versa? Religion and the Law in America explores the many facets of this question, from prayer in public schools to the addition of the phrase "under God" to the Pledge of Allegiance, from government investigation of religious fringe groups to federal grants for faith-based providers of social services. In more than 250 A–Z entries, along with a series of broad, thematic essays, it examines the groups, laws, and court cases that have framed this ongoing debate. Through its careful, balanced exploration of the interaction between government and religion throughout the history of the United States, the work provides all Americans—students, scholars, and lay readers alike—with a deep understanding of one of the central, enduring issues in our history.

Author : Andrew Koppelman
Publisher : Harvard University Press
Page : 316 pages
File Size : 50,8 Mb
Release : 2013-01-01
Category : Law
ISBN : 9780674071070

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Defending American Religious Neutrality by Andrew Koppelman Pdf

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 : William J. Federer
Publisher : Amerisearch, Inc.
Page : 292 pages
File Size : 43,7 Mb
Release : 2003
Category : Law
ISBN : 0965355721

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The Ten Commandments & Their Influence on American Law by William J. Federer Pdf

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 : Kathleen A. Brady
Publisher : Cambridge University Press
Page : 353 pages
File Size : 49,6 Mb
Release : 2018-02-01
Category : Law
ISBN : 1108448046

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The Distinctiveness of Religion in American Law by Kathleen A. Brady Pdf

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 : Stephen L. Carter
Publisher : Anchor
Page : 353 pages
File Size : 47,5 Mb
Release : 1994-09-01
Category : Political Science
ISBN : 9780385474986

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The Culture of Disbelief by Stephen L. Carter Pdf

The Culture Of Disbelief has been the subject of an enormous amount of media attention from the first moment it was published. Hugely successful in hardcover, the Anchor paperback is sure to find a large audience as the ever-increasing, enduring debate about the relationship of church and state in America continues. In The Culture Of Disbelief, Stephen Carter explains how we can preserve the vital separation of church and state while embracing rather than trivializing the faith of millions of citizens or treating religious believers with disdain. What makes Carter's work so intriguing is that he uses liberal means to arrive at what are often considered conservative ends. Explaining how preserving a special role for religious communities can strengthen our democracy, The Culture Of Disbelief recovers the long tradition of liberal religious witness (for example, the antislavery, antisegregation, and Vietnam-era antiwar movements). Carter argues that the problem with the 1992 Republican convention was not the fact of open religious advocacy, but the political positions being advocated.

Author : Mark Douglas McGarvie
Publisher : Cambridge University Press
Page : 305 pages
File Size : 52,9 Mb
Release : 2016-07-18
Category : History
ISBN : 9781316684146

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Law and Religion in American History by Mark Douglas McGarvie Pdf

This book furthers dialogue on the separation of church and state with an approach that emphasizes intellectual history and the constitutional theory that underlies American society. Mark Douglas McGarvie explains that the founding fathers of America considered the right of conscience to be an individual right, to be protected against governmental interference. While the religion clauses enunciated this right, its true protection occurred in the creation of separate public and private spheres. Religion and the churches were placed in the private sector. Yet, politically active Christians have intermittently mounted challenges to this bifurcation in calling for a greater public role for Christian faith and morality in American society. Both students and scholars will learn much from this intellectual history of law and religion that contextualizes a four-hundred-year-old ideological struggle.

Author : Boris I. Bittker,Scott C. Idleman,Frank S. Ravitch
Publisher : Cambridge University Press
Page : 128 pages
File Size : 47,9 Mb
Release : 2015-10-06
Category : Law
ISBN : 9781316381137

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Religion and the State in American Law by Boris I. Bittker,Scott C. Idleman,Frank S. Ravitch Pdf

Religion and the State in American Law provides a comprehensive and up-to-date overview of religion and government in the United States, from historical origins to modern laws and rulings. In addition to extensive coverage of the religion clauses of the First Amendment, it addresses many statutory, regulatory, and common-law developments at both the federal and state levels. Topics include the history of church-state relations and religious liberty, religion in the classroom, and expressions of religion in government. This book also covers the role of religion in specific areas of law such as contracts, taxation, employment, land use regulation, torts, criminal law, and domestic relations as well as in specialized contexts such as prisons and the military. Accessible to the general as well as the professional reader, this book will be of use to scholars, judges, practising lawyers, and the media.

Author : Geoffrey R. Stone
Publisher : Liveright Publishing
Page : 704 pages
File Size : 55,7 Mb
Release : 2017-03-21
Category : Law
ISBN : 9781631493652

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Sex and the Constitution: Sex, Religion, and Law from America's Origins to the Twenty-First Century by Geoffrey R. Stone Pdf

A New York Times Book Review Editors’ Choice Selection A “volume of lasting significance” that illuminates how the clash between sex and religion has defined our nation’s history (Lee C. Bollinger, president, Columbia University). Lauded for “bringing a bracing and much-needed dose of reality about the Founders’ views of sexuality” (New York Review of Books), Geoffrey R. Stone’s Sex and the Constitution traces the evolution of legal and moral codes that have legislated sexual behavior from America’s earliest days to today’s fractious political climate. This “fascinating and maddening” (Pittsburgh Post-Gazette) narrative shows how agitators, moralists, and, especially, the justices of the Supreme Court have navigated issues as divisive as abortion, homosexuality, pornography, and contraception. Overturning a raft of contemporary shibboleths, Stone reveals that at the time the Constitution was adopted there were no laws against obscenity or abortion before the midpoint of pregnancy. A pageant of historical characters, including Voltaire, Thomas Jefferson, Anthony Comstock, Margaret Sanger, and Justice Anthony Kennedy, enliven this “commanding synthesis of scholarship” (Publishers Weekly) that dramatically reveals how our laws about sex, religion, and morality reflect the cultural schisms that have cleaved our nation from its founding.

Author : Eve Darian-Smith
Publisher : Bloomsbury Publishing
Page : 332 pages
File Size : 41,9 Mb
Release : 2010-05-20
Category : Law
ISBN : 9781847317315

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Religion, Race, Rights by Eve Darian-Smith Pdf

The book highlights the interconnections between three framing concepts in the development of modern western law: religion, race, and rights. The author challenges the assumption that law is an objective, rational and secular enterprise by showing that the rule of law is historically grounded and linked to the particularities of Christian morality, the forces of capitalism dependent upon exploitation of minorities, and specific conceptions of individualism that surfaced with the Reformation in the sixteenth century and rapidly developed in the Enlightenment in the seventeenth and eighteenth centuries. Drawing upon landmark legal decisions and historical events, the book emphasises that justice is not blind because our concept of justice changes over time and is linked to economic power, social values, and moral sensibilities that are neither universal nor apolitical. Highlighting the historical interconnections between religion, race and rights aids our understanding of contemporary socio-legal issues. In the twenty-first century, the economic might of the USA and the west often leads to a myopic vision of law and a belief in its universal application. This ignores the cultural specificity of western legal concepts, and prevents us from appreciating that, analogous to previous colonial periods, in a global political economy Anglo-American law is not always transportable, transferable, or translatable across political landscapes and religious communities.

Author : Holly Fernandez Lynch,I. Glenn Cohen,Elizabeth Sepper
Publisher : Cambridge University Press
Page : 451 pages
File Size : 47,7 Mb
Release : 2017-07-03
Category : Law
ISBN : 9781107164888

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Law, Religion, and Health in the United States by Holly Fernandez Lynch,I. Glenn Cohen,Elizabeth Sepper Pdf

This book explores the critical role of law in protecting - and protecting against - religious beliefs in American health care.