Defending American Religious Neutrality

Defending American Religious Neutrality
Author: Andrew Koppelman
Publisher: Harvard University Press
Total Pages: 252
Release: 2013-01-01
Genre: Law
ISBN: 0674067568

While First Amendment doctrine treats religion as a human good, the state must not take sides on theological questions. Koppelman explains the logic of this uniquely American form of neutrality: why it is fair to give religion special treatment, why old (but not new) religious ceremonies are permitted, and why laws must have a secular purpose.

When Free Exercise and Nonestablishment Conflict

When Free Exercise and Nonestablishment Conflict
Author: Kent Greenawalt
Publisher: Harvard University Press
Total Pages: 305
Release: 2017-06-19
Genre: Law
ISBN: 0674972201

The First Amendment to the United States Constitution begins: “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.” Taken as a whole, this statement has the aim of separating church and state, but tensions can emerge between its two elements—the so-called Nonestablishment Clause and the Free Exercise Clause—and the values that lie beneath them. If the government controls (or is controlled by) a single church and suppresses other religions, the dominant church’s “establishment” interferes with free exercise. In this respect, the First Amendment’s clauses coalesce to protect freedom of religion. But Kent Greenawalt sets out a variety of situations in which the clauses seem to point in opposite directions. Are ceremonial prayers in government offices a matter of free exercise or a form of establishment? Should the state provide assistance to religious private schools? Should parole boards take prisoners’ religious convictions into account? Should officials act on public reason alone, leaving religious beliefs out of political decisions? In circumstances like these, what counts as appropriate treatment of religion, and what is misguided? When Free Exercise and Nonestablishment Conflict offers an accessible but sophisticated exploration of these conflicts. It explains how disputes have been adjudicated to date and suggests how they might be better resolved in the future. Not only does Greenawalt consider what courts should decide but also how officials and citizens should take the First Amendment’s conflicting values into account.

Gay Rights Vs. Religious Liberty?

Gay Rights Vs. Religious Liberty?
Author: Andrew Koppelman
Publisher:
Total Pages: 215
Release: 2020
Genre: Law
ISBN: 0197500986

Koppelman offers a solution to the bitterly polarizing gay rights/religious liberty conflict. This is the only book that lays out the interests that must be balanced in any decent compromise, in terms that both sides can recognize and appreciate. Koppelman explains the basis of antidiscrimination law, including the complex idea of dignitary harm. He shows why even those who do not regard religion as important or valid nonetheless have good reasons to support religious liberty, and why those who regard religion as a value of overriding importance should nonetheless reject the extravagant power over nonbelievers that the Supreme Court has recently embraced.

Defending Constantine

Defending Constantine
Author: Peter J. Leithart
Publisher: InterVarsity Press
Total Pages: 374
Release: 2010-09-24
Genre: Religion
ISBN: 0830827226

Peter Leithart weighs what we've been taught about Constantine and claims that in focusing on these historical mirages we have failed to notice the true significance of Constantine and Rome baptized. He reveals how beneath the surface of this contested story there lies a deeper narrative--a tectonic shift in the political theology of an empire--with far-reaching implications.

Democratic Authority and the Separation of Church and State

Democratic Authority and the Separation of Church and State
Author: Robert Audi
Publisher: Oxford University Press
Total Pages: 191
Release: 2011-06-01
Genre: Philosophy
ISBN: 0199796149

Democratic states must protect the liberty of citizens and must accommodate both religious liberty and cultural diversity. This democratic imperative is one reason for the increasing secularity of most modern democracies. Religious citizens, however, commonly see a secular state as unfriendly toward religion. This book articulates principles that enable secular governments to protect liberty in a way that judiciously separates church and state and fully respects religious citizens. After presenting a brief account of the relation between religion and ethics, the book shows how ethics can be independent of religion-evidentially autonomous in a way that makes moral knowledge possible for secular citizens--without denying religious sources a moral authority of their own. With this account in view, it portrays a church-state separation that requires governments not only to avoid religious establishment but also to maintain religious neutrality. The book shows how religious neutrality is related to such issues as teaching evolutionary biology in public schools, the legitimacy of vouchers to fund private schooling, and governmental support of "faith-based initiatives." The final chapter shows how the proposed theory of religion and politics incorporates toleration and forgiveness as elements in flourishing democracies. Tolerance and forgiveness are described; their role in democratic citizenship is clarified; and in this light a conception of civic virtue is proposed. Overall, the book advances the theory of liberal democracy, clarifies the relation between religion and ethics, provides distinctive principles governing religion in politics, and provides a theory of toleration for pluralistic societies. It frames institutional principles to guide governmental policy toward religion; it articulates citizenship standards for political conduct by individuals; it examines the case for affirming these two kinds of standards on the basis of what, historically, has been called natural reason; and it defends an account of toleration that enhances the practical application of the ethical framework both in individual nations and in the international realm.

American Fascists

American Fascists
Author: Chris Hedges
Publisher: Simon and Schuster
Total Pages: 309
Release: 2008-01-08
Genre: History
ISBN: 0743284461

From the celebrated author of "War Is a Force That Gives Us Meaning" comes a startling expos of the political ambitions of the Christian Right--a clarion call for everyone who cares about freedom.

Law and Religion in a Secular Age

Law and Religion in a Secular Age
Author: Rafael Domingo
Publisher: CUA Press
Total Pages: 353
Release: 2023
Genre: Law
ISBN: 0813237297

Law and Religion in a Secular Age seeks to restore the connection between spirituality and justice, religion and law, theology and jurisprudence, and natural law and positive law by building a new bridge suitable for pluralistic societies in the secular age. The author argues for a multidimensional view of reality that includes legal, political, moral, and spiritual dimensions of human nature and society. Each of these dimensions of life needs to recognize the existence, influence, and function of the others, which act as a filter or check on the excesses of each other. This multidimensionality of reality clarifies why no legal theory can fully account for law from the legal dimension alone, just as no moral theory makes perfect sense of morality from the moral dimension?and, for that matter, nothing in physics can fully interpret the physical dimension of reality. The premises of a legal system cannot be fully explained by the legal dimension alone because the fundamental conditions and qualities of justice, freedom, and dignity touch all the dimensions of reality in which the human person acts, including the moral and the spiritual, not just the legal. Building on this multidimensional theory of reality, the author explores the core differences and the essential interconnections between law, morality, religion, and spirituality and some of the legal implications of these connections. Rafael Domingo reminds readers of the vital role of religion in shaping the conceptual framework of Western legal systems, underscores the spirit of Christianity that inspired legal institutions, principles, and values, and recalls the contributions of specific Christian jurists as central figures for the development of justice in society. Law and Religion in a Secular Age aims to be a valuable antidote against the dominant legal positivism that has cornered public morality, the defiant secularism that has marginalized religion, and any other legal doctrine that diminishes the spiritual dimension of law and justice.

The Myth of Religious Neutrality

The Myth of Religious Neutrality
Author: Roy A. Clouser
Publisher:
Total Pages: 424
Release: 2005
Genre: Philosophy
ISBN:

This book offers a reinterpretation of the general relations between religion, science, and philosophy, arguing that scientific theories depend on religious commitments.

Religion and the Demise of Liberal Rationalism

Religion and the Demise of Liberal Rationalism
Author: J. Judd Owen
Publisher: University of Chicago Press
Total Pages: 242
Release: 2001-07
Genre: History
ISBN: 9780226641911

Acknowledgments1. If Liberalism is a Faith, What Becomes of the Separation of Church and State?2. Pragmatism, Liberalism, and the Quarrel between Science and Religion3. Rorty's Repudiation of Epistemology4. Rortian Irony and the "De-divinization" of Liberalism5. Religion and Rawls's Freestanding Liberalism6. Stanley Fish and the Demise of the Separation of Church and State7. Fish, Locke, and Religious Neutrality8. Reason, Indifference, and the Aim of Religious FreedomAppendix: A Reply to Stanley FishNotesBibliographyIndex Copyright © Libri GmbH. All rights reserved.