The Distinctiveness of Religion in American Law:Rethinking Religious Clause Jurisprudence

Administrative / Constitutional Law › Ecclesiastical Law

The Distinctiveness of Religion in American Law:Rethinking Religious Clause Jurisprudence

By Kathleen A. Brady
Cambridge University Press July 2015

Specifications

ISBN-13
9781107016507
Publisher
Cambridge University Press
Publication
July 2015
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

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.

Table of Contents

Introduction
Part I. The Distinctiveness of Religion in American Law:
1. The development and limits of the equality paradigm
2. The continuing power of the equality paradigm
3. A unique relationship, a common foundation
4. A new framework for religion clause jurisprudence
Part II. The Believer and the State:
5. Freedom of conscience today: rethinking free exercise exemptions
6. Challenges to constructing a right of exemption that is feasible and fair
7. Meeting the challenge: lessons from the first Congress
8. New proposals for free exercise exemptions
9. The role and limits of legislative and administrative accommodation
10. Examining sincerity and defining religion
Conclusion: secular moral commitments revisited.
HKD 945.75 −3%
HKD 975.00

Inclusive of HK delivery

Ready to ship
Delivery Time: around 4-5 weeks
Extra 10 working days if shipping address outside Hong Kong
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Order Form
Save

Recommended

You may also be interested in these books:

More titles from Administrative / Constitutional Law

View all
Administrative Law in Action: Immigration Administration
Hart Publishing

Administrative Law in Action: Immigration Administration

Robert Thomas
HKD 1,261.00
Gendering European Working Time Regimes: The Working Time Directive and the Case of Poland
Cambridge University Press

Gendering European Working Time Regimes: The Working Time Directive and the Case of Poland

Ania Zbyszewska
HKD 1,311.44
Writing Constitutions: Volume 2 - Fundamental Rights
Springer International

Writing Constitutions: Volume 2 - Fundamental Rights

Wolfgang Babeck; Albrecht Weber
HKD 1,462.87
Rights-Based Ethics: Foundations and Applications
Routledge

Rights-Based Ethics: Foundations and Applications

Marcus Düwell; Johannes Graf Keyserlingk; Philipp Richter
HKD 1,954.55
Law in Context: Democracy Distorted
Cambridge University Press

Law in Context: Democracy Distorted

Jacob Rowbottom
HKD 340.34
Freedom of Speech and Expression: Its History, Its Value, Its Good Use, and Its Misuse
Oxford University Press

Freedom of Speech and Expression: Its History, Its Value, Its Good Use, and Its Misuse

Richard Sorabji
HKD 277.29