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. |
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Zadetki 1–5 od 90
Stran 5
... religious adherents in free exercise cases. Free exercise clashes, by definition, occur when a religious practice is outside the law. To this initial indicia of lawlessness, society often imputes to the religious adherents additional ...
... religious adherents in free exercise cases. Free exercise clashes, by definition, occur when a religious practice is outside the law. To this initial indicia of lawlessness, society often imputes to the religious adherents additional ...
Stran 7
... religious practice,5 which had been allowed under Utah territorial laws. Reynolds offered extensive proof as to his religious motivations and obligations at trial. The trial court, however, ruled that such evidence was irrelevant to the ...
... religious practice,5 which had been allowed under Utah territorial laws. Reynolds offered extensive proof as to his religious motivations and obligations at trial. The trial court, however, ruled that such evidence was irrelevant to the ...
Stran 8
... religion"? (4) How should the right of free exercise interact with congressional legislative prohibitions on certain ... religion simply was being used as a pretext and subterfuge to feed the lusts of uncivilized men. The Mormons ...
... religion"? (4) How should the right of free exercise interact with congressional legislative prohibitions on certain ... religion simply was being used as a pretext and subterfuge to feed the lusts of uncivilized men. The Mormons ...
Stran 10
... religious practice: [T]he only question which remains is, whether those who make polygamy a part of their religion are accepted from the operation of the statute. If they are, then those who do not make polygamy a part of their religious ...
... religious practice: [T]he only question which remains is, whether those who make polygamy a part of their religion are accepted from the operation of the statute. If they are, then those who do not make polygamy a part of their religious ...
Stran 11
... religious duty was to permit anarchy: Can a man excuse his practices to the contrary because of his religious belief? To permit this would be to make the professed doctrines of religious belief superior to the law of the land and in ...
... religious duty was to permit anarchy: Can a man excuse his practices to the contrary because of his religious belief? To permit this would be to make the professed doctrines of religious belief superior to the law of the land and in ...
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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