Private Consciences And Public Reasons
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Private Consciences And Public Reasons
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Author : Kent Greenawalt
language : en
Publisher: Oxford University Press, USA
Release Date : 1995
Private Consciences And Public Reasons written by Kent Greenawalt and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Philosophy categories.
This book addresses problems such as: what bases should officials and citizens employ in reaching political decisions and justifying their positions? Should they feel free to rely on whatever grounds seem otherwise persuasive to them, like religious convictions, or should they restrict themselves to "public reasons."
Private Consciences And Public Reasons
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Author : Kent Greenawalt
language : en
Publisher: Oxford University Press
Release Date : 1995-08-03
Private Consciences And Public Reasons written by Kent Greenawalt and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995-08-03 with Philosophy categories.
Within democratic societies, a deep division exists over the nature of community and the grounds for political life. Should the political order be neutral between competing conceptions of the good life or should it be based on some such conception? This book addresses one crucial set of problems raised by this division: What bases should officials and citizens employ in reaching political decisions and justifying their positions? Should they feel free to rely on whatever grounds seem otherwise persuasive to them, like religious convictions, or should they restrict themselves to "public reasons," reasons that are shared within the society or arise from the premises of liberal democracy? Kent Greenawalt argues that fundamental premises of liberal democracy alone do not provides answers to these questions, that much depends on historical and cultural contexts. After examining past and current practices and attitudes in the United States, he offers concrete suggestions for appropriate principles relevant to American society today. This incisive and timely analysis by one of our leading legal philosophers should attract a wide and diverse readership of scholars, practitioners, and concerned citizens.
Does God Belong In Public Schools
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Author : Kent Greenawalt
language : en
Publisher: Princeton University Press
Release Date : 2009-01-10
Does God Belong In Public Schools written by Kent Greenawalt and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-10 with Education categories.
Controversial Supreme Court decisions have barred organized school prayer, but neither the Court nor public policy exclude religion from schools altogether. In this book, one of America's leading constitutional scholars asks what role religion ought to play in public schools. Kent Greenawalt explores many of the most divisive issues in educational debate, including teaching about the origins of life, sex education, and when--or whether--students can opt out of school activities for religious reasons. Using these and other case studies, Greenawalt considers how to balance the country's constitutional commitment to personal freedoms and to the separation of church and state with the vital role that religion has always played in American society. Do we risk distorting students' understanding of America's past and present by ignoring religion in public-school curricula? When does teaching about religion cross the line into the promotion of religion? Tracing the historical development of religion within public schools and considering every major Supreme Court case, Greenawalt concludes that the bans on school prayer and the teaching of creationism are justified, and that the court should more closely examine such activities as the singing of religious songs and student papers on religious topics. He also argues that students ought to be taught more about religion--both its contributions and shortcomings--especially in courses in history. To do otherwise, he writes, is to present a seriously distorted picture of society and indirectly to be other than neutral in presenting secularism and religion. Written with exemplary clarity and even-handedness, this is a major book about some of the most pressing and contentious issues in educational policy and constitutional law today.
Legal Interpretation
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Author : Kent Greenawalt
language : en
Publisher: Oxford University Press
Release Date : 2010-11-24
Legal Interpretation written by Kent Greenawalt and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-24 with Law categories.
In Legal Interpretation, Kent Greenawalt focuses on the complex and multi-faceted topic of textual interpretation of the law. All law needs to be interpreted, and there are many ways to do it. But what sorts of questions must one seek to answer in interpreting law and what approach should one take in each case? Whose interpretations should be prioritized? Why would one be drawn to one strategy over another? And should legal interpretation seek to satisfy specific aims or general objectives? In order to provide the answers to these questions, Greenawalt explores the ways in which interpretive strategies from other disciplines--the philosophy of language, literary and musical interpretation, religious interpretation, and general interpretive theory--can augment and enrich methods of legal interpretation. Over the course of the book, he suggests how such forms of interpretation are analogous to legal interpretation--and points to those cases in which interpretation must rest on the distinctive aspects of legal theory, such as is the case with private documents. Furthermore, Greenawalt's meditation suggests that interpretive strategies from other disciplines can shed light on the essential nature of legal interpretation and provide roads by which to account for dissonance between various methods of interpretation. Legal Interpretation is a thought-provoking reflection on the ways that insights from a range of intellectual traditions can deepen our understanding of law, particularly with regard to constitutional law.
Statutory And Common Law Interpretation
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Author : Kent Greenawalt
language : en
Publisher: Oxford University Press
Release Date : 2012-11-12
Statutory And Common Law Interpretation written by Kent Greenawalt and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-12 with Law categories.
As Kent Greenwalt's second volume on aspects of legal interpretation, this book analyzes statutory and common law interpretation and compares the two. In respect to statutory interpretation, it first asks whether judges are "faithful agents" of the legislature or "independent cooperative partners." It concludes that the obvious answer is that neither simple categorization really fits-that the function of judges involves a combination of roles. The next issue addressed is whether the intent of those in authority matters for interpreting the kinds of instructions contained in statutes. At the general level, the answer is "yes." This answer follows even if one thinks interpretation should concentrate on the understanding of readers, because readers themselves would treat intentions as part of the relevant context of the language of statutes. It would take some special reasons, such as constitutional structure or unreliability, to discount actual intents of legislators and use of legislative history. The book argues that none of these special reasons are convincing. On the question whether judges should focus on the language of specific provision or overall purpose, both are relevant, and purpose should become more important as time passes. In an analysis of various other features of statutory interpretation, the book claims that presidential signing statements should not have weight, that subsequent legislative actions short of new statutes should only occasionally carry importance, that "canons of interpretation," such as the rule of lenity, can provide some, limited, guidance, and that there are special reasons for courts to adhere to precedents in statutory cases, but these should not yield any absolute rule. A chapter on administrative interpretation of statutes claims that the standards agencies apply should differ to a degree from those of courts and that judicial deference to those interpretations is ordinarily warranted. The book's second part, on common law interpretation, considers the force of precedents, resisting any simple dichotomy between holding and dictum. It also defends the use of reasoning by analogy, not only in the initial stages thinking about a problem, but also in respect to some final justifications for decisions. An examination of the place of rules, principles, and policies argues that all three are relevant in common law interpretation; and shows that common law interpretation is not reducible to any formula. A final chapter compares statutory and common law interpretation, similarities and differences, how each can affect the other, and the significance of having a legal system in which they both play prominent roles.
Secular Conscience
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Author : Austin Dacey
language : en
Publisher: Prometheus Books
Release Date : 2009-09-18
Secular Conscience written by Austin Dacey and has been published by Prometheus Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-09-18 with Philosophy categories.
This work is needed at a time when both the religious right and the religious left claim that there can be no public or private morality without religion. With wit and a philosopher's insight, Dacey explains exactly why secular morality . . . is sorely needed"--Susan Jacoby, author, "Freethinkers."
Political Liberalism
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Author : John Rawls
language : en
Publisher: Columbia University Press
Release Date : 2005-03-24
Political Liberalism written by John Rawls and has been published by Columbia University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-03-24 with Philosophy categories.
This book continues and revises the ideas of justice as fairness that John Rawls presented in A Theory of Justice but changes its philosophical interpretation in a fundamental way. That previous work assumed what Rawls calls a "well-ordered society," one that is stable and relatively homogenous in its basic moral beliefs and in which there is broad agreement about what constitutes the good life. Yet in modern democratic society a plurality of incompatible and irreconcilable doctrines—religious, philosophical, and moral—coexist within the framework of democratic institutions. Recognizing this as a permanent condition of democracy, Rawls asks how a stable and just society of free and equal citizens can live in concord when divided by reasonable but incompatible doctrines? This edition includes the essay "The Idea of Public Reason Revisited," which outlines Rawls' plans to revise Political Liberalism, which were cut short by his death. "An extraordinary well-reasoned commentary on A Theory of Justice...a decisive turn towards political philosophy." —Times Literary Supplement
Religious Convictions And Political Choice
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Author : Kent Greenawalt
language : en
Publisher: Oxford University Press
Release Date : 1987-12-10
Religious Convictions And Political Choice written by Kent Greenawalt and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987-12-10 with Philosophy categories.
How far may Americans properly rely on their religious beliefs when they make and defend political decisions? For example, are ordinary citizens or legislators doing something wrong when they consciously allow their decisions respecting abortion laws to be determined by their religious views? Despite its intense contemporary relevance, the full dimensions of this issue have until now not been thoroughly examined. Religious Convictions and Political Choice represents the first attempt to fill this gap. Beginning with an account of the basic premises of our liberal democracy, Greenawalt moves to a comparison between rational secular grounds of decision and grounds based on religious convictions. He discusses particular issues such as animal rights and abortion, showing how religious convictions can bear on an individual's decisions about them, and inquires whether reliance on such convictions is compatible with liberal democratic premises. In conclusion, he argues that citizens cannot be expected to rely exclusively on rational, secular grounds.
Rawls And Religion
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Author : Tom Bailey
language : en
Publisher: Columbia University Press
Release Date : 2014-12-23
Rawls And Religion written by Tom Bailey and has been published by Columbia University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-23 with Philosophy categories.
John Rawls's influential theory of justice and public reason has often been thought to exclude religion from politics, out of fear of its illiberal and destabilizing potentials. It has therefore been criticized by defenders of religion for marginalizing and alienating the wealth of religious sensibilities, voices, and demands now present in contemporary liberal societies. In this anthology, established scholars of Rawls and the philosophy of religion reexamine and rearticulate the central tenets of Rawls's theory to show they in fact offer sophisticated resources for accommodating and responding to religions in liberal political life. The chapters reassert the subtlety, openness, and flexibility of his sense of liberal "respect" and "consensus," revealing their inclusive implications for religious citizens. They also explore the means he proposes for accommodating nonliberal religions in liberal politics, developing his conception of "public reason" into a novel account of the possibilities for rational engagement between liberal and religious ideas. And they reevaluate Rawls's liberalism from the "transcendent" perspectives of religions themselves, critically considering its normative and political value, as well as its own "religious" character. Rawls and Religion makes a unique and important contribution to contemporary debates over liberalism and its response to the proliferation of religions in contemporary political life.
The Conscience Wars
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Author : Susanna Mancini
language : en
Publisher:
Release Date : 2018-07-05
The Conscience Wars written by Susanna Mancini and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-05 with Law categories.
Explores the multifaceted debate on the interconnection between conscientious objections, religious liberty, and the equality of women and sexual minorities.