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 65.
Σελίδα 1
... protect the right of free exercise and the prohibition against the establishment of religion . The development of the modern welfare state has exacerbated this tension ( see e.g. , Chopko 1992 ; Geddicks 1989 ) . While most Americans ...
... protect the right of free exercise and the prohibition against the establishment of religion . The development of the modern welfare state has exacerbated this tension ( see e.g. , Chopko 1992 ; Geddicks 1989 ) . While most Americans ...
Σελίδα 4
... protection of law . The Court also recognizes that the United States is a religiously diverse , plural- istic country . Religious traditions are not interchangeable ; they do not share the same beliefs , nor do they necessarily argue ...
... protection of law . The Court also recognizes that the United States is a religiously diverse , plural- istic country . Religious traditions are not interchangeable ; they do not share the same beliefs , nor do they necessarily argue ...
Σελίδα 5
... protect the rights of the minority — not the religious understanding of the majority Discrimination against People of Faith The Court believes that to avoid discriminating against religious believers and / or nonbelievers , the State ...
... protect the rights of the minority — not the religious understanding of the majority Discrimination against People of Faith The Court believes that to avoid discriminating against religious believers and / or nonbelievers , the State ...
Σελίδα 14
... protection for minority rights . At one level , the existing American polity and jurisprudence advances just such a ... protect it , special care must be taken to recognize this communitarian aspect of religious freedom . The theory of ...
... protection for minority rights . At one level , the existing American polity and jurisprudence advances just such a ... protect it , special care must be taken to recognize this communitarian aspect of religious freedom . The theory of ...
Σελίδα 16
... protected and preserved . Often known as " communitarian " theories , these are in essential conflict with liberal theories . They demand that we respect and pay attention to difference and diversity among individuals , as opposed to ...
... protected and preserved . Often known as " communitarian " theories , these are in essential conflict with liberal theories . They demand that we respect and pay attention to difference and diversity among individuals , as opposed to ...
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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