Regulating Religion: The Courts and the Free Exercise ClauseOxford University Press, 29. mar. 2001 - 288 strani Jurisprudence regarding the "free exercise of religion" clause of the U.S. Constitution is in a state of confusion. There has been a series of rapid changes in the standard used by the Supreme Court to determine when a statute impermissibly restricts free exercise. The trend is now towards greater acceptance of government claims about the importance of regulation over religious practices. Here, Cookson challenges the wisdom of this judicial drift, and its false dichotomy between anarchy and a system that respects religious freedom. In its place she offers a new, practical approach to resolving free exercise conflicts that could be used in both federal and state courts. Cookson shows the reader how violations of religious freedom affect the community whose values are at stake. |
Iz vsebine knjige
Zadetki 1–5 od 82
Stran vii
... authority of any government but their own self-government.1 Claims of free speech and free exercise of religion are made as though these individual rights are absolute and must always trump any other competing interest of community ...
... authority of any government but their own self-government.1 Claims of free speech and free exercise of religion are made as though these individual rights are absolute and must always trump any other competing interest of community ...
Stran viii
... authority of law into question, and shaken [sic] it to the foundation."4 A philosophy of emotivism is often behind judicial proclamations of inability to achieve equity in the unusual, atypical situation. Judges defer slavishly to the ...
... authority of law into question, and shaken [sic] it to the foundation."4 A philosophy of emotivism is often behind judicial proclamations of inability to achieve equity in the unusual, atypical situation. Judges defer slavishly to the ...
Stran ix
... authority back into the public schools.12 The free exercise right is asserted here in terms of anarchical, radical individual rights: "my" individual rights, "my" absolute right to free exercise, without regard to the disestablishment ...
... authority back into the public schools.12 The free exercise right is asserted here in terms of anarchical, radical individual rights: "my" individual rights, "my" absolute right to free exercise, without regard to the disestablishment ...
Stran 15
... authority and liberty (not "higher duty" or religious obligation). Frankfurter then defined the authority at stake in the school's flag salute requirement as of the utmost importance to the state: the "authority to safeguard the ...
... authority and liberty (not "higher duty" or religious obligation). Frankfurter then defined the authority at stake in the school's flag salute requirement as of the utmost importance to the state: the "authority to safeguard the ...
Stran 17
... authority depend upon our possession of marked competence in the field where the invasion of rights occurs. True, the task of translating the majestic generalities of the Bill of Rights . . . is one to disturb self-confidence. But we ...
... authority depend upon our possession of marked competence in the field where the invasion of rights occurs. True, the task of translating the majestic generalities of the Bill of Rights . . . is one to disturb self-confidence. But we ...
Vsebina
3 | |
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 |
Index | 267 |
Druge izdaje - Prikaži vse
Regulating Religion: The Courts and the Free Exercise Clause Catharine Cookson Omejen predogled - 2001 |
Regulating Religion: The Courts and the Free Exercise Clause Catharine Cookson Omejen predogled - 2001 |
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