When Free Exercise And Nonestablishment Conflict
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When Free Exercise And Nonestablishment Conflict
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Author : Kent Greenawalt
language : en
Publisher:
Release Date : 2017
When Free Exercise And Nonestablishment Conflict written by Kent Greenawalt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
“Congress shall make no law reflecting an establishment of religion or prohibiting the free exercise thereof.” The First Amendment aims to separate church and state, but Kent Greenawalt examines many situations in which its two clauses—the Nonestablishment Clause and the Free Exercise Clause—point in opposite directions. How should courts decide?
When Free Exercise And Nonestablishment Conflict
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Author : Kent Greenawalt
language : en
Publisher: Harvard University Press
Release Date : 2017-06-19
When Free Exercise And Nonestablishment Conflict written by Kent Greenawalt and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-19 with Law categories.
The First Amendment to the United States Constitution begins: “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.” Taken as a whole, this statement has the aim of separating church and state, but tensions can emerge between its two elements—the so-called Nonestablishment Clause and the Free Exercise Clause—and the values that lie beneath them. If the government controls (or is controlled by) a single church and suppresses other religions, the dominant church’s “establishment” interferes with free exercise. In this respect, the First Amendment’s clauses coalesce to protect freedom of religion. But Kent Greenawalt sets out a variety of situations in which the clauses seem to point in opposite directions. Are ceremonial prayers in government offices a matter of free exercise or a form of establishment? Should the state provide assistance to religious private schools? Should parole boards take prisoners’ religious convictions into account? Should officials act on public reason alone, leaving religious beliefs out of political decisions? In circumstances like these, what counts as appropriate treatment of religion, and what is misguided? When Free Exercise and Nonestablishment Conflict offers an accessible but sophisticated exploration of these conflicts. It explains how disputes have been adjudicated to date and suggests how they might be better resolved in the future. Not only does Greenawalt consider what courts should decide but also how officials and citizens should take the First Amendment’s conflicting values into account.
American Law In A Global Context
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Author : George Fletcher
language : en
Publisher: Oxford University Press
Release Date : 2025
American Law In A Global Context written by George Fletcher 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 2025 with Law categories.
American Law in Global Context provides an overview of US law, focusing on subject areas that make the American legal system distinctive. This introductory text serves as a comprehensive and accessible guide to American legal structure, history, and theory for students of law and lawyers outside the US. The authors provide in-depth analyses of well-known cases to illustrate US law theory as well as practice.
Why Religious Freedom Matters For Democracy
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Author : Myriam Hunter-Henin
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-06-11
Why Religious Freedom Matters For Democracy written by Myriam Hunter-Henin and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-11 with Law categories.
Should an employee be allowed to wear a religious symbol at work? Should a religious employer be allowed to impose constraints on employees' private lives for the sake of enforcing a religious work ethos? Should an employee or service provider be allowed, on religious grounds, to refuse to work with customers of the opposite sex or of a same-sex sexual orientation? This book explores how judges decide these issues and defends a democratic approach, which is conducive to a more democratic understanding of our vivre ensemble. The normative democratic approach proposed in this book is grounded on a sociological and historical analysis of two national stories of the relationships between law, religion, diversity and the State, the British (mainly English) and the French stories. The book then puts the democratic paradigm to the test, by looking at cases involving clashes between religious freedoms and competing rights in the workplace. Contrary to the current alternative between the “accommodationist view”, which defers to religious requests, and the “analogous” view, which undermines the importance of religious freedom for pluralism, this book offers a third way. It fills a gap in the literature on the relationships between law and religious freedoms and provides guidelines for judges confronted with difficult cases.
Expanding Public Employee Religious Accommodation And Its Threat To Administrative Legitimacy
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Author : James N. Szymalak
language : en
Publisher: Springer
Release Date : 2018-09-20
Expanding Public Employee Religious Accommodation And Its Threat To Administrative Legitimacy written by James N. Szymalak and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-20 with Political Science categories.
In the wake of same-sex marriage legalization, most religious conservatives realize that they now share a minority viewpoint on many social issues. Such change has forced those formerly trying to forestall social evolution to instead seek legal recusal from engaging in matters that conflict with their religious beliefs. Not surprisingly, these recent legislative attempts to “affirm” religious free expression all focus upon the rights of the religious adherent, while mostly failing to consider the potential harm to third parties. In the provision of government services, this omission can do significant, lasting damage to public perceptions of administrative legitimacy—often already perilously maligned. Should government officials be legally obligated to grant their employees religious accommodations that they know will result in negative public perceptions, or worse, inflict dignitary harm among citizens seeking its services? This book draws attention to the threat to effective government that proposed expansions to religious accommodation laws can create. From damaging public opinion, to the myriad implementation concerns such as what even constitutes a religious belief to be accommodated, these challenges should serve as a warning to legislators and religious accommodation advocates to reconsider application of these enhanced obligations to the civil service.
Religious Liberty And The American Founding
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Author : Vincent Phillip Muñoz
language : en
Publisher: University of Chicago Press
Release Date : 2022-08-24
Religious Liberty And The American Founding written by Vincent Phillip Muñoz and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-24 with Political Science categories.
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.
Harvard Law Review Volume 131 Number 4 February 2018
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Author : Harvard Law Review
language : en
Publisher: Quid Pro Books
Release Date : 2018-02-21
Harvard Law Review Volume 131 Number 4 February 2018 written by Harvard Law Review and has been published by Quid Pro Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-21 with Law categories.
Constitutional Law For A Changing America
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Author : Lee Epstein
language : en
Publisher: CQ Press
Release Date : 2024-08-08
Constitutional Law For A Changing America written by Lee Epstein and has been published by CQ Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-08-08 with Political Science categories.
In Constitutional Law for a Changing America: Rights, Liberties, and Justice, bestselling authors Lee Epstein, Kevin T. McGuire, and Thomas G. Walker show students how political factors influence judicial decisions and shape the development of constitutional law. The Twelfth Edition, updated with additional material such as recent court rulings, more than 500 supplemental cases, and greater coverage of freedom of expression, will facilitate a deeper understanding of how the U.S. Constitution protects civil rights and liberties. Included with this title: LMS Cartridge: Import this title′s instructor resources into your school′s learning management system (LMS) and save time. Don′t use an LMS? You can still access all of the same online resources for this title via the password-protected Instructor Resource Site. Select the Resources tab on this page to learn more.
Moral Pluralism And Legal Neutrality
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Author : Wojciech Sadurski
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-12-14
Moral Pluralism And Legal Neutrality written by Wojciech Sadurski and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-14 with Law categories.
lt is a commonplace that law and morality intersect and interpenetrate in all the areas of legal decision-making; that in order to make sense of constitutional, statutory or common-law questions, judges and other legal decision-makers must first resolve certain philosophical issues which include moral judgments of right and wrang_ This is particularly evident with regard to constitutional interpretation, especially when constitutions give a mandate for the protection of the substantive norms and values entrenched as constitutional rights. In these Situations, as a leading contemporary legal philosopher observed, the "Constitution fuses legal and moral issues, by making the validity of a law depend on an answer to complex moral 1 problems". But the need for substantive value elucidation is not confined, of course, only to constitutional interpretation under Bills of Rights. This, however, immediately raises a dilemma stemming from the moral diversity and pluralism of modern liberal societies. How can law remain sensitive to this pluralism and yet provide clear answers to the problems which call for a legal resolution? Sharply conflicting values in modern societies clash in the debates over the death penalty, abortion, homosexuality, separation of state and religion, the scope of the freedom of the press, or affirmative action. lt would often be difficult to discern a broader consensus within which these clashes of values operate, unless this consensus were described in such vague terms as to render it practically meaningless.
Political Science Of Religion
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Author : Maciej Potz
language : en
Publisher: Springer
Release Date : 2019-08-14
Political Science Of Religion written by Maciej Potz and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-14 with Religion categories.
This book introduces political science of religion – a coherent approach to the study of the political role of religion grounded in political science. In this framework, religion is viewed as a political ideology providing legitimation for power and motivating political attitudes and behaviors of the public. Religious organizations are political actors negotiating the political system in the pursuit of their faith-based objectives. Religion is thus interpreted as a power resource and religious groups as political players. The theoretical framework developed in the first part is applied to the study of theocracies and contemporary democracies, based on the case studies of Poland and the USA. The empirical analysis of resources, strategies and opportunities of religious actors demonstrates their ability to influence the politics of democracies and non-democracies alike. Using a multilevel approach, the book seeks to explain this tremendous political potential of religion.