Religion And The Constitution Volume 2

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Religion and the Constitution, Volume 2

Author : Kent Greenawalt
Publisher : Princeton University Press
Page : 568 pages
File Size : 45,8 Mb
Release : 2008-05-19
Category : Law
ISBN : 9781400828234

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Religion and the Constitution, Volume 2 by Kent Greenawalt Pdf

Balancing respect for religious conviction and the values of liberal democracy is a daunting challenge for judges and lawmakers, particularly when religious groups seek exemption from laws that govern others. Should students in public schools be allowed to organize devotional Bible readings and prayers on school property? Does reciting "under God" in the Pledge of Allegiance establish a preferred religion? What does the Constitution have to say about displays of religious symbols and messages on public property? Religion and the Constitution presents a new framework for addressing these and other controversial questions that involve competing demands of fairness, liberty, and constitutional validity. In this second of two major volumes on the intersection of constitutional and religious issues in the United States, Kent Greenawalt focuses on the Constitution's Establishment Clause, which forbids government from favoring one religion over another, or religion over secularism. The author begins with a history of the clause, its underlying principles, and the Supreme Court's main decisions on establishment, and proceeds to consider specific controversies. Taking a contextual approach, Greenawalt argues that the state's treatment of religion cannot be reduced to a single formula. Calling throughout for acknowledgment of the way religion gives meaning to people's lives, Religion and the Constitution aims to accommodate the maximum expression of religious conviction that is consistent with a commitment to fairness and the public welfare.

Religion and the Constitution

Author : Kent Greenawalt
Publisher : Unknown
Page : 480 pages
File Size : 50,8 Mb
Release : 2024-06-28
Category : Liberté religieuse - États-Unis
ISBN : 1282721879

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Religion and the Constitution by Kent Greenawalt Pdf

Calling throughout for religion to be taken more seriously as a force for meaning in peoples lives, Religion and the Constitution aims to accommodate the maximum expression of religious conviction that is consistent with a commitment to fairness and the public welfare. Includes information on abortion, atheism, atheists, Bear v. Reformed Mennonite Church, Harry Blackmun, William Brennan, Catholicism, Catholics, child custody, Christianity, Christians, conscientious objection to military service, discrimination, Employment Division v. Smith, Establishment Clause, religious exemptions, Fourteenth Amendment, Free Exercise Clause, Free Speech Clause, harassment by employers, Hinduism, Hindus, Islam, Muslims, Jehovahs Witnesses, Judaism, Jews, Lyng v. Northwestern Indian Cemetery Protective Association, Native American Church, Sandra Day OConnor, Protestantism, Protestants, religion, religious beliefs, Sherbert v. Verner, Sunday closing laws, Wisconsin v. Yoder, zoning, Zummo v. Zummo, etc

Religious Freedom and the Constitution

Author : Christopher L. Eisgruber,Lawrence G. Sager
Publisher : Harvard University Press
Page : 346 pages
File Size : 46,9 Mb
Release : 2010-04-10
Category : Political Science
ISBN : 9780674034457

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Religious Freedom and the Constitution by Christopher L. Eisgruber,Lawrence G. Sager Pdf

Religion has become a charged token in a politics of division. In disputes about faith-based social services, public money for religious schools, the Pledge of Allegiance, Ten Commandments monuments, the theory of evolution, and many other topics, angry contestation threatens to displace America's historic commitment to religious freedom. Part of the problem, the authors argue, is that constitutional analysis of religious freedom has been hobbled by the idea of "a wall of separation" between church and state. That metaphor has been understood to demand that religion be treated far better than other concerns in some contexts, and far worse in others. Sometimes it seems to insist on both contrary forms of treatment simultaneously. Missing has been concern for the fair and equal treatment of religion. In response, the authors offer an understanding of religious freedom called Equal Liberty. Equal Liberty is guided by two principles. First, no one within the reach of the Constitution ought to be devalued on account of the spiritual foundation of their commitments. Second, all persons should enjoy broad rights of free speech, personal autonomy, associative freedom, and private property. Together, these principles are generous and fair to a wide range of religious beliefs and practices. With Equal Liberty as their guide, the authors offer practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. Their book calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.

Religion and the Law in America [2 volumes]

Author : Scott A. Merriman
Publisher : Bloomsbury Publishing USA
Page : 679 pages
File Size : 50,5 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.

Religion, Secularism, and Constitutional Democracy

Author : Jean L. Cohen,Cécile Laborde
Publisher : Columbia University Press
Page : 465 pages
File Size : 45,8 Mb
Release : 2015-12-22
Category : Religion
ISBN : 9780231540735

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Religion, Secularism, and Constitutional Democracy by Jean L. Cohen,Cécile Laborde Pdf

Polarization between political religionists and militant secularists on both sides of the Atlantic is on the rise. Critically engaging with traditional secularism and religious accommodationism, this collection introduces a constitutional secularism that robustly meets contemporary challenges. It identifies which connections between religion and the state are compatible with the liberal, republican, and democratic principles of constitutional democracy and assesses the success of their implementation in the birthplace of political secularism: the United States and Western Europe. Approaching this issue from philosophical, legal, historical, political, and sociological perspectives, the contributors wage a thorough defense of their project's theoretical and institutional legitimacy. Their work brings fresh insight to debates over the balance of human rights and religious freedom, the proper definition of a nonestablishment norm, and the relationship between sovereignty and legal pluralism. They discuss the genealogy of and tensions involving international legal rights to religious freedom, religious symbols in public spaces, religious arguments in public debates, the jurisdiction of religious authorities in personal law, and the dilemmas of religious accommodation in national constitutions and public policy when it violates international human rights agreements or liberal-democratic principles. If we profoundly rethink the concepts of religion and secularism, these thinkers argue, a principled adjudication of competing claims becomes possible.

Constitution Writing, Religion and Democracy

Author : Aslı Ü. Bâli,Hanna Lerner
Publisher : Cambridge University Press
Page : 0 pages
File Size : 51,8 Mb
Release : 2018-06-21
Category : Law
ISBN : 110769454X

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Constitution Writing, Religion and Democracy by Aslı Ü. Bâli,Hanna Lerner Pdf

What role do and should constitutions play in mitigating intense disagreements over the religious character of a state? And what kind of constitutional solutions might reconcile democracy with the type of religious demands raised in contemporary democratising or democratic states? Tensions over religion-state relations are gaining increasing salience in constitution writing and rewriting around the world. This book explores the challenge of crafting a democratic constitution under conditions of deep disagreement over a state's religious or secular identity. It draws on a broad range of relevant case studies of past and current constitutional debates in Europe, Asia, Africa and the Middle East, and offers valuable lessons for societies soon to embark on constitution drafting or amendment processes where religion is an issue of contention.

Religion and the Constitution

Author : Michael W. McConnell,John H. Garvey,Thomas C. Berg
Publisher : Unknown
Page : 0 pages
File Size : 46,8 Mb
Release : 2006
Category : Law
ISBN : 0735561370

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Religion and the Constitution by Michael W. McConnell,John H. Garvey,Thomas C. Berg Pdf

Refresh your course in Religious Liberty, Religion and the Constitution, or Religious Institutions and the Law with this timely revision. Religion and the Constitution, Second Edition, pays careful attention to significant recent developments as it

The Agnostic Age

Author : Paul Horwitz
Publisher : Oxford University Press
Page : 351 pages
File Size : 46,9 Mb
Release : 2011-02-17
Category : Language Arts & Disciplines
ISBN : 9780199737727

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The Agnostic Age by Paul Horwitz Pdf

"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.

Sex and the Constitution: Sex, Religion, and Law from America's Origins to the Twenty-First Century

Author : Geoffrey R. Stone
Publisher : Liveright Publishing
Page : 704 pages
File Size : 54,5 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.

Religion and the Constitution

Author : Kent Greenawalt
Publisher : Princeton University Press
Page : 478 pages
File Size : 41,8 Mb
Release : 2006
Category : Law
ISBN : 0691125821

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Religion and the Constitution by Kent Greenawalt Pdf

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Religious Liberty, Volume 2

Author : Douglas Laycock
Publisher : Wm. B. Eerdmans Publishing
Page : 872 pages
File Size : 43,9 Mb
Release : 2011-04-07
Category : Law
ISBN : 9781467434294

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Religious Liberty, Volume 2 by Douglas Laycock Pdf

For more than thirty years, Douglas Laycock has been studying, defending, and writing about religious liberty. In this second volume of the comprehensive collection of his writings on the subject, he has compiled articles, amicus briefs, and actual court documents relating to regulatory exemptions under the Constitution, the right to church autonomy, and the rights of non-mainstream religions. This collection — which deals with religious schools and colleges, sex abuse cases, the rights of Hare Krishnas and Scientologists, the landmark decision Employment Division v. Smith, and more — will be a valuable reference for churches, schools, and other religious organizations as they exercise their Constitutionally protected freedom of religion.

Religion and the Constitution, Volume 1

Author : Kent Greenawalt
Publisher : Princeton University Press
Page : 480 pages
File Size : 47,5 Mb
Release : 2009-01-10
Category : Law
ISBN : 1400827523

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Religion and the Constitution, Volume 1 by Kent Greenawalt Pdf

Balancing respect for religious conviction and the values of liberal democracy is a daunting challenge for judges and lawmakers, particularly when religious groups seek exemption from laws that govern others. Should members of religious sects be able to use peyote in worship? Should pacifists be forced to take part in military service when there is a draft, and should this depend on whether they are religious? How can the law address the refusal of parents to provide medical care to their children--or the refusal of doctors to perform abortions? Religion and the Constitution presents a new framework for addressing these and other controversial questions that involve competing demands of fairness, liberty, and constitutional validity. In the first of two major volumes on the intersection of constitutional and religious issues in the United States, Kent Greenawalt focuses on one of the Constitution's main clauses concerning religion: the Free Exercise Clause. Beginning with a brief account of the clause's origin and a short history of the Supreme Court's leading decisions about freedom of religion, he devotes a chapter to each of the main controversies encountered by judges and lawmakers. Sensitive to each case's context in judging whether special treatment of religious claims is justified, Greenawalt argues that the state's treatment of religion cannot be reduced to a single formula. Calling throughout for religion to be taken more seriously as a force for meaning in people's lives, Religion and the Constitution aims to accommodate the maximum expression of religious conviction that is consistent with a commitment to fairness and the public welfare.

Christianity and the Constitution

Author : John Eidsmoe
Publisher : Baker Academic
Page : 0 pages
File Size : 47,5 Mb
Release : 1995-08-01
Category : Religion
ISBN : 0801052319

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Christianity and the Constitution by John Eidsmoe Pdf

Using the writings of the founders and records of their conversations and activities, John Eidsmoe demonstrates the influence of Christianity on the political convictions of the founding fathers.

Religious Liberty and the American Supreme Court

Author : Vincent Phillip Munoz
Publisher : Rowman & Littlefield
Page : 679 pages
File Size : 49,7 Mb
Release : 2015-03-27
Category : Political Science
ISBN : 9781442250321

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Religious Liberty and the American Supreme Court by Vincent Phillip Munoz Pdf

Throughout American history, legal battles concerning the First Amendment’s protection of religious liberty have been among the most contentious issue of the rights guaranteed by the United States Constitution. Religious Liberty and the American Supreme Court: The Essential Cases and Documents represents the most authoritative and up-to-date overview of the landmark cases that have defined religious freedom in America. Noted religious liberty expert Vincent Philip Munoz (Notre Dame) provides carefully edited excerpts from over fifty of the most important Supreme Court religious liberty cases. In addition, Munoz’s substantive introduction offers an overview on the constitutional history of religious liberty in America. Introductory headnotes to each case provides the constitutional and historical context. Religious Liberty and the American Constitution is an indispensable resource for anyone interested matters of religious freedom from the Republic’s earliest days to current debates.

Religious Freedom and the Law

Author : Brett G. Scharffs,Asher Maoz,Ashley Isaacson Woolley
Publisher : Routledge
Page : 230 pages
File Size : 42,5 Mb
Release : 2018-08-06
Category : Law
ISBN : 9781351369718

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Religious Freedom and the Law by Brett G. Scharffs,Asher Maoz,Ashley Isaacson Woolley Pdf

This volume presents a timely analysis of some of the current controversies relating to freedom for religion and freedom from religion that have dominated headlines worldwide. The collection trains the lens closely on select issues and contexts to provide detailed snapshots of the ways in which freedom for and from religion are conceptualized, protected, neglected, and negotiated in diverse situations and locations. A broad range of issues including migration, education, the public space, prisons and healthcare are discussed drawing examples from Europe, the US, Asia, Africa and South America. Including contributions from leading experts in the field, the book will be essential reading for researchers and policy-makers interested in Law and Religion.