Regulating Religion: The Courts and the Free Exercise ClauseOxford University Press, 29. mar. 2001 - 288 sider 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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Side viii
... causes, ideals. . . . [T]he choice of any one evaluative stance or commitment can be no more rational than that of any other. All faiths and all evaluations are equally non-rational; all are subjective directions given to sentiment and ...
... causes, ideals. . . . [T]he choice of any one evaluative stance or commitment can be no more rational than that of any other. All faiths and all evaluations are equally non-rational; all are subjective directions given to sentiment and ...
Side 16
... cause [than their refusal to salute the flag]. Officials threaten to send them to reformatories maintained for criminally inclined juveniles. Parents of such children have been prosecuted and are threatened with prosecutions for causing ...
... cause [than their refusal to salute the flag]. Officials threaten to send them to reformatories maintained for criminally inclined juveniles. Parents of such children have been prosecuted and are threatened with prosecutions for causing ...
Side 18
... caused a wave of legal efforts against the Witnesses.60 In fact, the compulsory flag salute requirement in West Virginia, which led to the Barnette case, itself was adopted as a result of the Court's opinion in the Gobitis case. Justice ...
... caused a wave of legal efforts against the Witnesses.60 In fact, the compulsory flag salute requirement in West Virginia, which led to the Barnette case, itself was adopted as a result of the Court's opinion in the Gobitis case. Justice ...
Side 19
... caused by, such historical paradigms of coercive governmental effort as "the Roman drive to stamp out Christianity as a disturber of its pagan unity" and "the Inquisition, as a means to religious and dynastic unity. . . ."65 Here ...
... caused by, such historical paradigms of coercive governmental effort as "the Roman drive to stamp out Christianity as a disturber of its pagan unity" and "the Inquisition, as a means to religious and dynastic unity. . . ."65 Here ...
Side 28
Du har nået visningsgrænsen for denne bog.
Du har nået visningsgrænsen for denne bog.
Indhold
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 |
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Regulating Religion: The Courts and the Free Exercise Clause Catharine Cookson Begrænset visning - 2001 |
Regulating Religion: The Courts and the Free Exercise Clause Catharine Cookson Begrænset visning - 2001 |
Almindelige termer og sætninger
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