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 February 2018

Specifications

ISBN-13
9781108448048
Publisher
Cambridge University Press
Publication
February 2018
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

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Hardback

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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.
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