Faith on Trial: Communities of Faith, the First Amendment, and the Theory of Deep DiversityLexington Books, 8 Σεπ 2006 - 238 σελίδες American Supreme Court jurisprudence in the area of religious freedom has been, for the most part, predicated upon a form of liberal theory commonly known as "procedural liberalism." Faith on Trial explains how the Court's reliance on this theoretical basis hampers its ability to adequately address the reality of religion as a pluralistic social institution. David E. Guinn provides a detailed critique of procedural liberalism by thinkers such as Charles Taylor and Iris Marion Young--tapping into the idea of "deep diversity" suggested by Taylor--through the development of a new theoretical model that reconceptualizes Supreme Court jurisprudence. This challenging work demonstrates a practical way to resolve the problems inherent in much existing religious freedom jurisprudence and calls for a reformation of Supreme Court thinking on the First Amendment. |
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Αποτελέσματα 1 - 5 από τα 59.
Σελίδα 4
... citizens , it confers no rights upon the believer to act upon those beliefs ( Reynolds v . US [ 1879 ] ) . Because religion is a private , individ- ual concern , the state cannot , for the most part , recognize religious belief per se ...
... citizens , it confers no rights upon the believer to act upon those beliefs ( Reynolds v . US [ 1879 ] ) . Because religion is a private , individ- ual concern , the state cannot , for the most part , recognize religious belief per se ...
Σελίδα 12
... citizens can share . As evident from the reactions of the religious right , this effort is doomed to failure . Madison recognized this and rejected the idea of repressing faction as " impractical " if not impossible . Instead , he ...
... citizens can share . As evident from the reactions of the religious right , this effort is doomed to failure . Madison recognized this and rejected the idea of repressing faction as " impractical " if not impossible . Instead , he ...
Σελίδα 13
... citizen must strive to be sensitive to the values of others . In the same way we promote education about issues of racial , ethnic , and gender diversity , so too we should promote education about religious diversity . Due to the great ...
... citizen must strive to be sensitive to the values of others . In the same way we promote education about issues of racial , ethnic , and gender diversity , so too we should promote education about religious diversity . Due to the great ...
Σελίδα 15
... citizens . However , the larger problem of religious freedom cannot be addressed by simply trying to expand the religious freedom rights of each indi- vidual believer . It goes deeper than that . The problems rest upon the nature of the ...
... citizens . However , the larger problem of religious freedom cannot be addressed by simply trying to expand the religious freedom rights of each indi- vidual believer . It goes deeper than that . The problems rest upon the nature of the ...
Σελίδα 17
... citizens , must find ways to accommodate both forms of so- cial membership — individual and communal — in order to truly honor and re- spect each of its citizens . The Premises of Deep Diversity and Religious Freedom The goal Part II ...
... citizens , must find ways to accommodate both forms of so- cial membership — individual and communal — in order to truly honor and re- spect each of its citizens . The Premises of Deep Diversity and Religious Freedom The goal Part II ...
Περιεχόμενα
Religious Freedom in America | 25 |
The Nature of Religion and Its Implications for Supreme Court Jurisprudence | 51 |
Recognition Universalism Diversity and Concepts of the Self | 71 |
The Theory of Deep Diversity | 91 |
Deep Diversity and Religious Freedom | 117 |
Deep Diversity and the Establishment Clause | 137 |
Deep Diversity and the Free Exercise Clause | 163 |
A Test Case Female CircumcisionFemale Genital Mutilation | 179 |
Religious Pluralism and Postmodernist America | 195 |
Works Cited | 205 |
Table of Cases | 215 |
219 | |
About the Author | |
Άλλες εκδόσεις - Προβολή όλων
Faith on Trial: Communities of Faith, the First Amendment, and the Theory of ... David E. Guinn Προβολή αποσπασμάτων - 2002 |
Συχνά εμφανιζόμενοι όροι και φράσεις
accepted accommodation according action activities adopted Amendment American Amish applied argued arguments asserted autonomy Canada chapter Church citizens Clor compelling state interest concept concern conflict Constitution decisions deep diversity discrimination dominant culture effort Employment Division Establishment Clause example exemption existing jurisprudence faith favor FC/FGM female circumcision female genital mutilation Free Exercise Clause fundamental gious governmental harm identified identity incorporation doctrine individual insofar interpretation issue Justice justified legislative liberal society Lukumi male circumcision membership ment moral Moreover Nonetheless norms particular religion peyote politics of difference politics of universalism practice preclude principles problem prohibited protect Quebec question recognized reflect regulation Religion Clauses religious belief religious community religious freedom religious groups religious pluralism requires respect secular social sphere standard status strict equality support for religion Supreme Court jurisprudence Taylor theory of deep tion traditional understanding of religion values violate yarmulke York
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