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Regulating Religion : The Courts and the Free Exercise Clause - Catharine Cookson

Regulating Religion

The Courts and the Free Exercise Clause

By: Catharine Cookson

Hardcover | 29 March 2001

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Jurisprudence regarding the "free exercise of religion" clause of the U.S. Constitution is in a state of confusion. A series of rapid changes in the standard used by the Supreme Court to determine when a statute impermissibly restricts free exercise has left the public, legislators, and the lower courts without clear directions. At present, the trend is toward greater acceptance of government claims about the importance of regulation over religious practices. In this book Catharine 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 proposes a casuistry-based method under which such conflicts would be treated as conflicts of principles. Demonstrating how this method should be applied, Cookson focuses on the specific details of people''s lives, enabling the reader to see a claimed violation of religious freedom from the perspective of the community whose values are at stake.
Industry Reviews
"In this worthy book [Catherine Cookson] makes a compelling case for a casuistical approach to church-state jurisprudence having to do with free exercise cases."--H-NET "Beautifully written and argued it is rare to find a book on religion and the Constitution in the United States that brings such ideologically unencumbered care and intelligence to the issue. Cookson's reading of the major Supreme Court cases is fresh and smart."- The Journal of Religion "In this worthy book [Catherine Cookson] makes a compelling case for a casuistical approach to church-state jurisprudence having to do with free exercise cases."--H-NET "Beautifully written and argued... it is rare to find a book on religion and the Constitution in the United States that brings such ideologically unencumbered care and intelligence to the issue. Cookson's reading of the major Supreme Court cases is fresh and smart."- The Journal of Religion "Cookson's conclusion is powerful . She has the courage to assert that current free exercise jurisprudence is not working and to present argue for a more effective alternative. This book offers a fascinating study in applied ethics for students of American constitutional law and for religious historians and ethicists in general." -- The Journal of the American Academy of Religion "...an authoritative and constructive study of the US Supreme Court's free exercise jurisprudence."--Choice

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