Religion and the Law in America [2 volumes]

Religion and the Law in America [2 volumes]

Author: Scott A. Merriman

Publisher: Bloomsbury Publishing USA

Published: 2007-05-18

Total Pages: 679

ISBN-13: 185109864X

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This work is a comprehensive survey of one of the oldest—and hottest—debates in American history: the role of religion in the public discourse. The relationship between church and state was contentious long before the framers of the Constitution undertook the bold experiment of separating the two, sparking a debate that would rage for centuries: What is the role of religion in government—and vice versa? Religion and the Law in America explores the many facets of this question, from prayer in public schools to the addition of the phrase "under God" to the Pledge of Allegiance, from government investigation of religious fringe groups to federal grants for faith-based providers of social services. In more than 250 A–Z entries, along with a series of broad, thematic essays, it examines the groups, laws, and court cases that have framed this ongoing debate. Through its careful, balanced exploration of the interaction between government and religion throughout the history of the United States, the work provides all Americans—students, scholars, and lay readers alike—with a deep understanding of one of the central, enduring issues in our history.


Law, Religion, and Health in the United States

Law, Religion, and Health in the United States

Author: Holly Fernandez Lynch

Publisher: Cambridge University Press

Published: 2017-07-03

Total Pages: 451

ISBN-13: 1107164885

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This book explores the critical role of law in protecting - and protecting against - religious beliefs in American health care.


Religion and American Law

Religion and American Law

Author: Paul Finkelman

Publisher: Routledge

Published: 2003-12-16

Total Pages: 12

ISBN-13: 1136919635

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The First Encyclopedia available On The Subject Of Religion And American Law The interplay of religion and law has long been a major political and social issue in the United States. From the Salem Witch Trials to the current debate over school vouchers, court rulings have had a profound effect on people's lives. Now, a new encyclopedia provides detailed entries on all of the major Supreme Court decisions dealing with church and state, topical and theoretical essays relating to the issue, and cogent biographies of those Justices whose decisions have achieved landmark status in the debate. Comprehensive In Coverage And Scope Encompassing cases from the colonial period to the Supreme Court's important decisions in 1997, this pioneering volume is written in a clear, concise style that will be useful to professionals and specialists and accessible by students. With contributions by leading scholars in the field, this encyclopedia will benefit all reference libraries, students of law and religion, and anyone working in the field of church and state.


Religion, Law, USA

Religion, Law, USA

Author: Isaac Weiner

Publisher: NYU Press

Published: 2019-07-02

Total Pages: 318

ISBN-13: 1479891398

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Offers insight into the complex relationship between religion and law in contemporary America Why religion? Why law? Why now? In recent years, the United States has witnessed a number of high-profile court cases involving religion, forcing Americans to grapple with questions regarding the relationship between religion and law. This volume maps the contemporary interplay of religion and law within the study of American religions. What rights are protected by the Constitution’s free exercise clause? What are the boundaries of religion, and what is the constitutional basis for protecting some religious beliefs but not others? What characterizes a religious-studies approach to religion and law today? What is gained by approaching law from the vantage point of religious studies, and what does attention to the law offer back to scholars of religion? Religion, Law, USA considers all these questions and more. Each chapter considers a specific keyword in the study of religion and law, such as “conscience,” “establishment,” “secularity,” and “personhood.” Contributors consider specific case studies related to each term, and then expand their analyses to discuss broader implications for the practice and study of American religion. Incorporating pieces from leading voices in the field, this book is an indispensable addition to the scholarship on religion and law in America.


Law and Religion in American History

Law and Religion in American History

Author: Mark Douglas McGarvie

Publisher: Cambridge University Press

Published: 2016-07-18

Total Pages: 305

ISBN-13: 1316684148

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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.


Religion, Race, Rights

Religion, Race, Rights

Author: Eve Darian-Smith

Publisher: Hart Publishing

Published: 2010-05-20

Total Pages: 348

ISBN-13:

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`Eve Darian-Smith takes us on an amazing journey spanning four centuries, brilliantly illuminating the continuously evolving interplay of law, religion, and race in the Anglo-American experience. This wonderfully readable book is imaginatively organized around a series of eight `law moments' that ingeniously show how legal rights are subtly shaped by culturally prevailing ideas about religion and race.'---Richard Falk, Albert G Milbank Professor of International Law Emeritus, Princeton University --


Faith and Law

Faith and Law

Author: Robert F. Cochran

Publisher: NYU Press

Published: 2008

Total Pages: 311

ISBN-13: 0814716725

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The relationship between religion and the law is a hot-button topic in America, with the courts, Congress, journalists, and others engaging in animated debates on what influence, if any, the former should have on the latter. Many of these discussions are dominated by the legal perspective, which views religion as a threat to the law; it is rare to hear how various religions in America view American law, even though most religions have distinct views on law. In Faith and Law, legal scholars from sixteen different religious traditions contend that religious discourse has an important function in the making, practice, and adjudication of American law, not least because our laws rest upon a framework of religious values. The book includes faiths that have traditionally had an impact on American law, as well as new immigrant faiths that are likely to have a growing influence. Each contributor describes how his or her tradition views law and addresses one legal issue from that perspective. Topics include abortion, gay rights, euthanasia, immigrant rights, and blasphemy and free speech.


The Ten Commandments & Their Influence on American Law

The Ten Commandments & Their Influence on American Law

Author: William J. Federer

Publisher: Amerisearch, Inc.

Published: 2003

Total Pages: 292

ISBN-13: 9780965355728

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An in-depth study of how each of the Ten Commandments had a historical impact on the development of laws in America and affected the legal philosophy of our government framers. For example, the 4th Commandment-"Keep Holy the Sabbath" PENNSYLVANIA FRAME OF GOVERNMENT, April 25, 1682, Article XXII: "That as often as any day of the month...shall fall upon the first day of the week, commonly called the Lord's Day, the business appointed for that day shall be deferred till the next day, unless in the case of emergency." U.S. CONSTITUTION, 1787, Article I, Section 7, Paragraph 2 "If any Bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law" Read how the Ten Commandments affected the views of America's leaders: "The Ten Commandments and the Sermon on the Mount contain my religion" - John Adams, Nov. 4, 1816, letter to Thomas Jefferson. "The fundamental basis of this nation's laws was given to Moses on the Mount. The fundamental basis of our Bill of Rights comes from the teachings we get from Exodus and St. Matthew, from Isaiah and St. Paul. I don't think we emphasize that enough these days." - Harry S Truman, Feb. 15, 1950, Attorney General's Conference. See references to the Ten Commandments in court cases: "The Ten Commandments have had an immeasurable effect on Anglo-American legal development" - U.S. District Court, Crockett v. Sorenson, W.D. Va. (1983) "It is equally undeniable ...that the Ten Commandments have had a significant impact on the development of secular legal codes of the Western World." - U.S. Supreme Court, Stone v. Graham, (1980) (Rehnquist, J., dissenting) An ideal book for students, teachers, journalists, writers and those interested in researching the foundations of American law!


The Distinctiveness of Religion in American Law

The Distinctiveness of Religion in American Law

Author: Kathleen A. Brady

Publisher: Cambridge University Press

Published: 2015-07-23

Total Pages: 355

ISBN-13: 1316351831

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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.