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 77.
Σελίδα 4
... values or language . This diversity increases when people outside the religious traditions are consid- ered . Consequently , to avoid favoring one group over another , the Court has adopted the traditional liberal view that the state ...
... values or language . This diversity increases when people outside the religious traditions are consid- ered . Consequently , to avoid favoring one group over another , the Court has adopted the traditional liberal view that the state ...
Σελίδα 7
... values outside the domain of physical health . If the Court favors one value over another , it should do so explicitly rather than hiding behind the supposed neutrality of secularity and empiricism . Reasons for Limiting the Traditional ...
... values outside the domain of physical health . If the Court favors one value over another , it should do so explicitly rather than hiding behind the supposed neutrality of secularity and empiricism . Reasons for Limiting the Traditional ...
Σελίδα 8
... value from received authority , those values are perceived as resting solely upon unsupported belief . Yet how is that different from the fun- damental values adopted by secular thinkers ? In attempting to explain the source of the value ...
... value from received authority , those values are perceived as resting solely upon unsupported belief . Yet how is that different from the fun- damental values adopted by secular thinkers ? In attempting to explain the source of the value ...
Σελίδα 9
... value for a per- son's not being able to understand it . One may understand the grounding author- ity held by another person without believing in it . This applies to both people of faith and nonfaith . Neither may believe in the ...
... value for a per- son's not being able to understand it . One may understand the grounding author- ity held by another person without believing in it . This applies to both people of faith and nonfaith . Neither may believe in the ...
Σελίδα 12
... values . While the faith traditions may include folly and prejudice in their doctrines and dogma , they also contain much wisdom . The proof of this can be demonstrated in part by their continued existence . They have survived , in part ...
... values . While the faith traditions may include folly and prejudice in their doctrines and dogma , they also contain much wisdom . The proof of this can be demonstrated in part by their continued existence . They have survived , in part ...
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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