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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... concerns people of all walks of life . The task of writing this book is , therefore , complicated by the need to address a broad audience , including both generalists and experts . While most readers will be best served by reading the ...
... concerns people of all walks of life . The task of writing this book is , therefore , complicated by the need to address a broad audience , including both generalists and experts . While most readers will be best served by reading the ...
Σελίδα 1
... government has achieved about the right balance among these two concerns , a large and growing minority disagrees : approximately a third of all Americans believe Introduction: Part I: A Flawed System of Religious Freedom.
... government has achieved about the right balance among these two concerns , a large and growing minority disagrees : approximately a third of all Americans believe Introduction: Part I: A Flawed System of Religious Freedom.
Σελίδα 2
... concerns of the day . American social history can be traced through the decisions of the courts from the decisions on economic justice and labor prac- tices at the turn of the twentieth century up through the countless decisions on ...
... concerns of the day . American social history can be traced through the decisions of the courts from the decisions on economic justice and labor prac- tices at the turn of the twentieth century up through the countless decisions on ...
Σελίδα 3
... concerns are legitimate and their anger is real . Current practice does discriminate against religion and people of faith . Moreover , beneath the surface of these signal events lies a deeper concern : not just the sense that American ...
... concerns are legitimate and their anger is real . Current practice does discriminate against religion and people of faith . Moreover , beneath the surface of these signal events lies a deeper concern : not just the sense that American ...
Σελίδα 4
... concern ; to quote Thomas Jefferson , it is a relationship between " a man and his God " ( Jefferson 1904/5 , vol . 16 , 281-2 ) . While the First Amendment pro- tects the private beliefs of citizens , it confers no rights upon the ...
... concern ; to quote Thomas Jefferson , it is a relationship between " a man and his God " ( Jefferson 1904/5 , vol . 16 , 281-2 ) . While the First Amendment pro- tects the private beliefs of citizens , it confers no rights upon the ...
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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