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
... means , electronic , mechanical , photocopying , recording , or otherwise , without the prior permission of the publisher . British Library Cataloguing in Publication Information Available The hardback edition of this book was ...
... means , electronic , mechanical , photocopying , recording , or otherwise , without the prior permission of the publisher . British Library Cataloguing in Publication Information Available The hardback edition of this book was ...
Σελίδα 3
... mean that the policy itself is incorrect . It is easy to shrug off many of these efforts in the courts and in the legislatures as mis- guided , if not outright wrong . They often represent efforts to return to a type of de facto ...
... mean that the policy itself is incorrect . It is easy to shrug off many of these efforts in the courts and in the legislatures as mis- guided , if not outright wrong . They often represent efforts to return to a type of de facto ...
Σελίδα 6
... means is true . Conse- quently , in controversies over evolution or the virtues of blood transfusion in medical science , the court favors those arguments supported by measurable , objective data ( see e.g. , Mozart v . Hawkins County ...
... means is true . Conse- quently , in controversies over evolution or the virtues of blood transfusion in medical science , the court favors those arguments supported by measurable , objective data ( see e.g. , Mozart v . Hawkins County ...
Σελίδα 7
... frequently associated with the adversaries in that con- flict , that doesn't mean religion is the source of the violence ( Appleby 2000 ; Fawcett 2000 ) . Northern Ireland and Bosnia are more Part I - A Flawed System of Religious Freedom 7.
... frequently associated with the adversaries in that con- flict , that doesn't mean religion is the source of the violence ( Appleby 2000 ; Fawcett 2000 ) . Northern Ireland and Bosnia are more Part I - A Flawed System of Religious Freedom 7.
Σελίδα 9
... mean that they cannot understand how the other uses it as grounding for their ethical judgment . Second , this critique ignores the difference between a person's grounding belief ( e.g. , belief in God ; belief in Dialectic Materialism ) ...
... mean that they cannot understand how the other uses it as grounding for their ethical judgment . Second , this critique ignores the difference between a person's grounding belief ( e.g. , belief in God ; belief in Dialectic Materialism ) ...
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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