The Rhetoric of Church and State: A Critical Analysis of Religion Clause JurisprudenceDuke University Press, 1995 - 196 strani During the middle of the twentieth century, the religiously informed communitarianism that had guided the Supreme Court's decisions regarding the relationship between church and state was partially displaced by a new secular individualist discourse. In The Rhetoric of Church and State, Frederick Mark Gedicks argues that this partial and incomplete shift is the key to understanding why the Court has failed--and continues today to fail--to provide a coherent doctrine on church/state separation. Gedicks suggests that the Supreme Court's inconsistent decisions mirror a divergence in American society between an increasingly secular public culture and the primarily devout private lives of the majority of Americans. He notes that while the Court is committed to principles of secular individualism, it has repeatedly endorsed government actions that violate those principles--actions that would be far more justifiable under the discourse of religious communitarianism. The impossibility of reconciling the two discourses leaves the Court no choice but to efface--often implausibly--the religious nature of practices it deems permissible. Gedicks concludes that the road to a coherent religion clause doctrine lies neither in a return to religious communitarianism nor in its complete displacement by secular individualism, but in a yet-to-be-identified discourse that would attract popular support while protecting a meaningful measure of religious freedom. |
Druge izdaje - Prikaži vse
The Rhetoric of Church and State: A Critical Analysis of Religion Clause ... Frederick Mark Gedicks Predogled ni na voljo - 1995 |
Pogosti izrazi in povedi
Aguillard aid to religion Alan Freeman Alan Schwarz Amendment American Amish arguing belief-action doctrine benefit Board of Educ Braunfeld Brennan burden Christian church church-state concurring constitutional constitutionally crèche Culture of Disbelief Darwin on Trial decisions dissenting emphasis in original endorsement establishment clause evolution exercise of religion financial aid free exercise clause free exercise exemptions Galanter Gianella gion gious Harv Justice justify legislative liberal majoritarian Mark Tushnet McConnell menorah ment Native American neutrality O'Connor parochial schools pervasively sectarian political private choice prohibition protection public school reli religion clause jurisprudence religious belief religious colleges religious communitarian discourse Religious Freedom religious groups religious institutions Religious Liberty religious practices republican School Dist secular individualism secular individualist discourse separation of church Sherbert Smith social society Stanley Fish Sunday closing laws Supreme Court tax exemption theory tion tradition Tushnet University Press values violate the establishment violated establishment clause York Zorach
Navedki za to knjigo
The Law of Church and State: Developments in the Supreme Court Since 1980 David M. Ackerman Omejen predogled - 2001 |
The Law of Church and State in the Supreme Court Revisited David M. Ackerman,Kimberly D. Jones Omejen predogled - 2006 |