The Distinctiveness of Religion in American Law: Rethinking Religion Clause Jurisprudence

The Distinctiveness of Religion in American Law: Rethinking Religion Clause Jurisprudence

Author
Kathleen A. Brady
Publisher
Cambridge University Press
Language
English
Year
2015
Page
354
ISBN
1107016509,9781107016507
File Type
pdf
File Size
1.7 MiB

In recent decades, religion's traditional distinctiveness under the First Amendment has been challenged by courts and scholars. As America grows more secular and as religious and nonreligious convictions are increasingly seen as interchangeable, many have questioned whether special treatment is still fair. In its recent decisions, the Supreme Court has made clear that religion will continue to be treated differently, but we lack a persuasive account of religion's uniqueness that can justify this difference. This book aims to develop such an account. Drawing on founding era thought illumined by theology, philosophy of religion, and comparative religion, it describes what is at stake in our tradition of religious freedom in a way that can be appreciated by the religious and nonreligious alike. From this account, it develops a new framework for religion clause decision making and explains the implications of this framework for current controversies regarding protections for religious conscience.

show more...

How to Download?!!!

Just click on START button on Telegram Bot

Free Download Book