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Law and Religion : The International Library of Essays in Law and Legal Theory, Areas 7 - Wojciech Sadurski

Law and Religion

The International Library of Essays in Law and Legal Theory, Areas 7

By: Wojciech Sadurski (Editor)

Hardcover Published: 1st August 1992
ISBN: 9780814779538
Number Of Pages: 497

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The purpose of this volume is to provide the reader with a broad range of texts which will aid reflection upon issues relating to law and religion. These texts present a diversity of ideological and scholarly responses to the questions related to the relationship of law and religion in modern societies.

"An outstanding collection of materials examining various facets of a truly complicated issue, the proper relationship between religion (and persons with strong religious views) and the wider polity. Even well-read scholars will benefit from reading the volume, though I suspect that the primary beneficiaries of the book will be students whose own intellectual energies will certainly be stimulated by confrontation with the various essays. There is, currently, no book that brings together so many provocative thinkers in a way designed to illuminate the issues presented by the interaction of law and religion, and I would relish using it in a course or seminar on the topic. -Sanford Levinson,University of Texas Law School, co-editor, Constitutional Stupidities/Constitutional Tragedies (NYU Press, 1998) "What is religious freedom and what does it mean to protect it? Does it include the freedom, right, or responsibility, to influence politics with religious arguments? Or, does it include the right to a 'public square' where political arguments are free of religious influences? Does it include the right to live in a subculture that honors a way of life sometimes dramatically at odds with the constitutional or legal demands of the larger secular culture? Or, must such a right give way to constitutional or legal norms that conflict with such commitments? These quite basic moral questions about the role of faith-based belief and practice in a pluralistic democratic society have taken on increased urgency over the half century, as the Supreme Court has sought to construct a constitutional structure that will protect not only the religious and political freedoms of multiple communities defined by religious devotion, but also the integrity of a widely shared secular civic vision, and the rights and freedoms of religious skeptics as well. The essays collected by Stephen Feldman in this volume constitute the best current thinking by prominent first amendment scholars on what the Court is doing, and what the Court should be doing, in this troubled but fundamental area of law."-Robin West,Georgetown University Law Center

Neutrality of Law Toward Religion: Liberalism, neutralism and rights
The separation of church and state and the obligations of citizenship
Privilege, posture and protection: "religion" in law
The irrelevance of the constitution: the religion clauses of the first amendment and the Supreme Court
Religion, public morality and constitutional law
Beyond Strict Neutrality: Church, state and moral values: the limits of American pluralism
Concepts and compromise in first amendment religious doctrine
The constitution of religion
Evolutionism, creationism and treating religion as a hobby
The Problems of Conscientious Objections: Religion, conscience and law
Conscientious objection and the first amendment
Towards The Legal Definition of 'Religion': On legal definitions of "religion"
Defining "religion" in the first amendment: a functional approach
Defining "religion" in the first amendment
Name index
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9780814779538
ISBN-10: 0814779530
Series: The International Library of Essays in Law and Legal Theory, Areas 7
Audience: General
Format: Hardcover
Language: English
Number Of Pages: 497
Published: 1st August 1992
Publisher: New York University Press
Country of Publication: US
Dimensions (cm): 22.9 x 15.2  x 3.18
Weight (kg): 0.89