The Distinctiveness Of Religion In American Law: Rethinking Religion Clause Jurisprudence

Law and Christianity

515blVYhdsL._SX333_BO1,204,203,200_ Author Kathleen A. Brady
Isbn 9781107016507
File size 1.7 MB
Year 2015
Pages 353
Language English
File format PDF
Category Politics and Sociology

Book Description:

In recent decades, religion's traditional distinctiveness under the First Amendment has been challenged by courts and scholars. As America grows more secular and as religious and nonreligious convictions are increasingly seen as interchangeable, many have questioned whether special treatment is still fair. In its recent decisions, the Supreme Court has made clear that religion will continue to be treated differently, but we lack a persuasive account of religion's uniqueness that can justify this difference. This book aims to develop such an account. Drawing on founding era thought illumined by theology, philosophy of religion, and comparative religion, it describes what is at stake in our tradition of religious freedom in a way that can be appreciated by the religious and nonreligious alike. From this account, it develops a new framework for religion clause decision making and explains the implications of this framework for current controversies regarding protections for religious conscience.


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