Law and Religion in American History: Public Values and Private Conscience

Law

Law and Religion in American History: Public Values and Private Conscience

By Mark Douglas McGarvie
Cambridge University Press September 2016

Specifications

ISBN-13
9781316605462
Publisher
Cambridge University Press
Publication
September 2016
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

This book furthers dialogue on the separation of church and state with an approach that emphasizes intellectual history and the constitutional theory that underlies American society. Mark Douglas McGarvie explains that the founding fathers of America considered the right of conscience to be an individual right, to be protected against governmental interference. While the religion clauses enunciated this right, its true protection occurred in the creation of separate public and private spheres. Religion and the churches were placed in the private sector. Yet, politically active Christians have intermittently mounted challenges to this bifurcation in calling for a greater public role for Christian faith and morality in American society. Both students and scholars will learn much from this intellectual history of law and religion that contextualizes a four-hundred-year-old ideological struggle.

Table of Contents

Introduction
1. Prologue: colonial America perpetuates state religion
2. Revolution in thought and social organization: the legal
hegemony of Jeffersonian liberalism, 1776-1828
3. A Christian counter-revolution and a new vision of American society, 1828-65
4. Regulating behavior and teaching morals: the uses of religion, 1865-1937
5. The rights revolution, 1937-2014
6. Epilogue: the significance of history and a reconsideration of original intent
Bibliographic essay
Index.
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