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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Σελίδα
... ( expressed in the majority opinion ) without necessarily agreeing with the reasons given by the Court in its majority opinion ; b . dissent — this refers to an opinion written by a Justice who disagrees with the holding of the majority ...
... ( expressed in the majority opinion ) without necessarily agreeing with the reasons given by the Court in its majority opinion ; b . dissent — this refers to an opinion written by a Justice who disagrees with the holding of the majority ...
Σελίδα 5
... expressed and fulfilled within the heart of the believer . The search for salvation guides the believer , who ... expression in the form of social action , this individual- istic , privatistic religious view does not conform to their ...
... expressed and fulfilled within the heart of the believer . The search for salvation guides the believer , who ... expression in the form of social action , this individual- istic , privatistic religious view does not conform to their ...
Σελίδα 6
... expressed in secular language acceptable by all involved ( Audi 2000 ; Rawls 1992 ) . Religious critics deny this . They point out that this process of translation favors those worldviews that find secular jus- tifications persuasive ...
... expressed in secular language acceptable by all involved ( Audi 2000 ; Rawls 1992 ) . Religious critics deny this . They point out that this process of translation favors those worldviews that find secular jus- tifications persuasive ...
Σελίδα 10
... expression in a particular situation . Therefore , the formation of public policy can result from a collection of over - lapping but discrete public conversations addressed to particular audiences within the whole . The objective in a ...
... expression in a particular situation . Therefore , the formation of public policy can result from a collection of over - lapping but discrete public conversations addressed to particular audiences within the whole . The objective in a ...
Σελίδα 14
... expressed by Michael Walzer ( 1999 ) , " Relig- ion is a mixed bag , exactly like secular ideology " ( 624 ) . Conflicts , sometimes heated , will continue to exist , and there are dangers that people of faith will mis- takenly attempt ...
... expressed by Michael Walzer ( 1999 ) , " Relig- ion is a mixed bag , exactly like secular ideology " ( 624 ) . Conflicts , sometimes heated , will continue to exist , and there are dangers that people of faith will mis- takenly attempt ...
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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