Legislating Morality: Pluralism and Religious Identity in LawmakingOxford University Press, 21. feb. 2002 - 232 strani The debate over religious lawmaking pits respect for religious pluralism against moral identity-with liberal theorists contending that religious lawmaking is generally suspect in a morally and religiously diverse polity like the United States, and communitarian ones arguing that lawmakers cannot, and should not, be expected to suppress their religious commitments in their public policy making. Looking carefully at both sides of this ongoing debate, Lucinda Peach explores the limitations as well as the value of these conflicting perspectives, and proposes a solution for their reconciliation. Peach breaks from traditional analysis as she contends that both sides of the argument are fundamentally flawed. Neither side has been willing to recognize the merit of the other's arguments, and both have ignored the gender-based disparities of religious lawmaking (particularly with respect to the effect religion has had on reproductive rights and abortion regulation). Using an interdisciplinary approach, the book argues for a pragmatic solution to this impasse which will respect religious pluralism, moral identity, and gender differences. Peach's proposals will be of interest to philosophers, legal theorists, and scholars in women's studies and political science. |
Vsebina
| 3 | |
| 11 | |
The Constitutional Dimensions of Religious Lawmaking | 37 |
Religious Lawmakers on Moral Identity and Abortion | 63 |
Liberal Approaches to Religious Lawmaking | 95 |
Communitarian Views of Religious Lawmaking | 118 |
A Pragmatist Approach to Religious Lawmaking | 140 |
A Legal Strategy for Addressing Religious Lawmaking | 158 |
Conclusion | 180 |
Notes | 189 |
Bibliography | 195 |
Index | 213 |
Druge izdaje - Prikaži vse
Legislating Morality: Pluralism and Religious Identity in Lawmaking Lucinda J. Peach Omejen predogled - 2002 |
Pogosti izrazi in povedi
abortion lawmaking abortion laws abortion regulation addition American approach to religious argues Audi basis Catholic chapter Christian Church citizens Citizenship Rights claims communitarian theorists constitutional rights Cuomo dilemma of religious discussed enactment equal protection Equal Protection Clause especially Establishment Clause fetus Free Exercise Clause free exercise rights gender gious lawmaking Hatfield homosexual human Human Life Amendment Hyde Amendment involve issue Jackson justified lawmaking on abortion legislation liberal and communitarian Mario Cuomo Mark Hatfield Mead Mead's Meadian ment moral identity motivated nonbelievers Noonan Perry Perry's political decision pregnant women problems prohibit proposed test public policy public reason publicly accessible reasons raise Establishment Concerns Rawls recognize relevant reli religion religion clauses religious beliefs religious convictions religious groups religious influences religious lawmaking religious pluralism religious views religiously pluralistic Reproductive Health Services requirement restrictive abortion laws rights and interests secular rationale social statute Supreme Court tion violate
Priljubljeni odlomki
Stran 44 - If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein If there are any circumstances which permit an exception, they do not now occur to us.
Stran 49 - At the heart of liberty is the right to define one's own concept of existence, of meaning, of the universe, and of the mystery of human life.
Stran 126 - Sandel has this to say: (But] we cannot regard ourselves as independent in this way without great cost to those loyalties and convictions whose moral force consists partly in the fact that living by them is inseparable from understanding ourselves as the particular persons we are - as members of this family or community or nation or people, as bearers of this history, as sons and daughters of that revolution, as citizens of this republic. Allegiances such as these are more than values I happen to...
Stran 43 - Direct government action endorsing religion or a particular religious practice is invalid under this approach because it "sends a message to nonadherents that they are outsiders, not full members of the political community, and an accompanying message to adherents that they are insiders, favored members of the political community.
Stran 58 - gist of the question of standing" is whether the party seeking relief has "alleged such a personal stake in the outcome of the controversy as to assure that concrete adverseness which sharpens the presentation of issues upon which the court so largely depends for illumination of difficult constitutional questions.
Stran 23 - Men are in charge of women, because Allah hath made the one of them to excel the other, and because they spend of their property (for the support of women).
Stran 29 - Act shall be used to perform abortions except where the life of the mother would be endangered if the fetus were carried to term...
Stran 44 - It is beyond dispute that, at a minimum, the Constitution guarantees that government may not coerce anyone to support or participate in religion or its exercise, or otherwise act in a way which "establishes a [state] religion or religious faith, or tends to do so.
Stran 41 - In the absence of precisely stated constitutional prohibitions, we must draw lines with reference to the three main evils against which the Establishment Clause was intended to afford protection: "sponsorship, financial support, and active involvement of the sovereign in religious activity.
Stran 51 - ... millions of women, and their families, have ordered their lives around the right to reproductive choice, and that this right has become vital to the full participation of women in the economic and political walks of American life. The plurality would clear the way once again for government to force upon women the physical labor and specific and direct medical and psychological harms that may accompany carrying a fetus to term. The plurality would clear the way again for the State to conscript...