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 43.
Σελίδα
... given me insights into worlds alien to mine and has called on me , an ever inadequate pupil , to learn what these worlds have to teach , I could not have done this without her and I am grateful beyond words . Finally , on a personal ...
... given me insights into worlds alien to mine and has called on me , an ever inadequate pupil , to learn what these worlds have to teach , I could not have done this without her and I am grateful beyond words . Finally , on a personal ...
Σελίδα
... given in full . Second , subsequent references to that case in relatively close proximity to the first or where the case is cited so extensively that it should be familiar to the reader will be given in an abbreviated form , such as ...
... given in full . Second , subsequent references to that case in relatively close proximity to the first or where the case is cited so extensively that it should be familiar to the reader will be given in an abbreviated form , such as ...
Σελίδα
... 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 opinion ; c . in part — this refers to the fact that a Justice can concur in part ...
... 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 opinion ; c . in part — this refers to the fact that a Justice can concur in part ...
Σελίδα 1
... Given this record of success , why another book on religious freedom ? It is not enough to say that the Supreme Court's jurisprudence on religious freedom is " irrational " or " intellectually incoherent , " an observation acknowledged ...
... Given this record of success , why another book on religious freedom ? It is not enough to say that the Supreme Court's jurisprudence on religious freedom is " irrational " or " intellectually incoherent , " an observation acknowledged ...
Σελίδα 7
... given to secular reason based on its admitted com- petence to explain physical phenomenon is often unreasonably extended to the realm of values . For example , in the medical treatment of minors the medically objective criteria of ...
... given to secular reason based on its admitted com- petence to explain physical phenomenon is often unreasonably extended to the realm of values . For example , in the medical treatment of minors the medically objective criteria of ...
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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Autonomy and Human Rights in Health Care: An International Perspective David N. Weisstub,Guillermo Díaz Pintos Περιορισμένη προεπισκόπηση - 2007 |