Regulating Religion: The Courts and the Free Exercise ClauseOxford University Press, 2001 - 269 strani "In this book, Catharine Cookson challenges the wisdom of this judicial drift, and its false dichotomy between anarchy and order. In its place she offers the process of casuistry, a method of reasoning grounded within the legal tradition as well as social ethics. Using this casuistry-based method, Cookson treats free exercise cases as a type of conflict of principles: the principle good of free exercise is in conflict with the principle good espoused in the legislation. To resolve this conflict, both parties must come forward with profs and evidence. The particular context of the conflict is emphasized, with a close examination of the facts of the case, as well as the pragmatic good to be accomplished and the pragmatic evils to be avoided under the statue. Casuistry is not a content-free process, and Cookson delves into the Western Christian tradition for appropriate principles and paradigms to be used in a casuistical free exercise analysis.". |
Vsebina
Introduction | 3 |
Legislation or the Free Exercise Clause? | 6 |
2 The Process of Casuistry | 39 |
Typologies of the Relationship between Conscience and the State | 48 |
4 The Religiously Encumbered Self | 99 |
5 Societal Boundaries Paranoia and Ill Humor and the Role of the Courts under the Free Exercise Clause | 109 |
6 A Critique of the Courts Free Exercise Clause Jurisprudence in the US Supreme Court Case of Employment Division | 118 |
7 Governmental Intervention in and Punishment for the Use of Spiritual Healing Methods | 149 |
A Summary and Some Conclusions | 186 |
Notes | 189 |
| 267 | |
Druge izdaje - Prikaži vse
Regulating Religion: The Courts and the Free Exercise Clause Catharine Cookson Omejen predogled - 2001 |
Pogosti izrazi in povedi
abuse Amish anarchy applied arguments authority Backus behavior boundaries casuistical casuistry child Christian Science civil claimants claims common compelling state interest conclusive presumption conscience Constitution context criminal dissenting divine drug duly ordered relationships duty emphasis added emphasis in original Employment Div Employment Division enlightenment type evil example exemption faith healing framework free exercise clause gious Gobitis God’s harm Isaac Backus issue Jehovah’s Witnesses John Leland judge Justice Scalia kingdoms type legislative Leland levitical type liberty matter McLoughlin ment moral Mormon Native American Church noted one’s Oregon Oregon attorney Oregon Supreme Court paradigm paradigmatic parents peace person peyote political polygamy presumption principles prohibition protection punishment reason regulation reli religion religious adherent religious beliefs religious freedom religious group religious practice repr Reynolds sacramental peyote Sherbert Smith society spiritual healing state’s statute Tertullian tion tolerance U.S. Supreme Court unemployment Univ wilderness worship Yoder York