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Author: Marc O. DeGirolami
Publisher: Harvard University Press
ISBN: 0674074157
Category : Law
Languages : en
Pages : 362
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Book Description
When it comes to questions of religion, legal scholars face a predicament. They often expect to resolve dilemmas according to general principles of equality, neutrality, or the separation of church and state. But such abstractions fail to do justice to the untidy welter of values at stake. Offering new views of how to understand and protect religious freedom in a democracy, The Tragedy of Religious Freedom challenges the idea that matters of law and religion should be referred to far-flung theories about the First Amendment. Examining a broad array of contemporary and more established Supreme Court rulings, Marc DeGirolami explains why conflicts implicating religious liberty are so emotionally fraught and deeply contested. Twenty-first-century realities of pluralism have outrun how scholars think about religious freedom, DeGirolami asserts. Scholars have not been candid enough about the tragic nature of the conflicts over religious liberty—the clash of opposing interests and aspirations they entail, and the limits of human reason to resolve intractable differences. The Tragedy of Religious Freedom seeks to turn our attention from abstracted, absolute values to concrete, historical realities. Social history, characterized by the struggles of lawyers engaged in the details of irreducible conflicts, represents the most promising avenue to negotiate legal conflicts over religion. In this volume, DeGirolami offers an approach to understanding religious liberty that is neither rigidly systematic nor ad hoc, but a middle path grounded in a pluralistic and historically informed perspective.
Author: Marc O. DeGirolami
Publisher: Harvard University Press
ISBN: 0674074157
Category : Law
Languages : en
Pages : 362
Get Book
Book Description
When it comes to questions of religion, legal scholars face a predicament. They often expect to resolve dilemmas according to general principles of equality, neutrality, or the separation of church and state. But such abstractions fail to do justice to the untidy welter of values at stake. Offering new views of how to understand and protect religious freedom in a democracy, The Tragedy of Religious Freedom challenges the idea that matters of law and religion should be referred to far-flung theories about the First Amendment. Examining a broad array of contemporary and more established Supreme Court rulings, Marc DeGirolami explains why conflicts implicating religious liberty are so emotionally fraught and deeply contested. Twenty-first-century realities of pluralism have outrun how scholars think about religious freedom, DeGirolami asserts. Scholars have not been candid enough about the tragic nature of the conflicts over religious liberty—the clash of opposing interests and aspirations they entail, and the limits of human reason to resolve intractable differences. The Tragedy of Religious Freedom seeks to turn our attention from abstracted, absolute values to concrete, historical realities. Social history, characterized by the struggles of lawyers engaged in the details of irreducible conflicts, represents the most promising avenue to negotiate legal conflicts over religion. In this volume, DeGirolami offers an approach to understanding religious liberty that is neither rigidly systematic nor ad hoc, but a middle path grounded in a pluralistic and historically informed perspective.
Author: Martien E. Brinkman
Publisher: Rodopi
ISBN: 9789042011052
Category : Free will and determinism
Languages : en
Pages : 196
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Book Description
Human freedom has been the source of both the high points of humanity as well as of its low points, thus giving rise to the impression that it is a somewhat ambivalent concept. According to Martien Brinkman, the major factor in this ambivalence is the rather narrow meaning that the concept has received in the course of history. Freedom is, for the most part, understood as 'freedom from' or 'freedom to' but only rarely as 'freedom for'. However, it is precisely this latter understanding that is closest to the Christian understanding of freedom, which Brinkman defines as 'internal attachment'. In his view Christian freedom is at bottom characterized by that to which one commits oneself in trust. He sees primarily the Christian theology of baptism, with its accent on 'dying' and 'rising' with Christ as the model for the way in which one acquires freedom. Brinkman illustrates this in this study by means of a great number of biblical images and images borrowed from the historical debates between Augustine and Pelagius and Luther and Erasmus.
Author: Paul Marshall
Publisher: HarperChristian + ORM
ISBN: 1418535540
Category : Religion
Languages : en
Pages : 361
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Book Description
Today more than 200 million Christians around the world suffer imprisonment, abuse and even death because of their faith. Yet most Americans never hear their stories. In Their Blood Cries Out, Paul Marshall reveals the reality of this present-day persecution, revealing what we can do to help these brothers and sisters in Christ.
Author: James D. Tabor
Publisher: Univ of California Press
ISBN: 0520919181
Category : Religion
Languages : en
Pages : 457
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Book Description
The 1993 government assault on the Branch Davidian compound near Waco, Texas, resulted in the deaths of four federal agents and eighty Branch Davidians, including seventeen children. Whether these tragic deaths could have been avoided is still debatable, but what seems clear is that the events in Texas have broad implications for religious freedom in America. James Tabor and Eugene Gallagher's bold examination of the Waco story offers the first balanced account of the siege. They try to understand what really happened in Waco: What brought the Branch Davidians to Mount Carmel? Why did the government attack? How did the media affect events? The authors address the accusations of illegal weapons possession, strange sexual practices, and child abuse that were made against David Koresh and his followers. Without attempting to excuse such actions, they point out that the public has not heard the complete story and that many media reports were distorted. The authors have carefully studied the Davidian movement, analyzing the theology and biblical interpretation that were so central to the group's functioning. They also consider how two decades of intense activity against so-called cults have influenced public perceptions of unorthodox religions. In exploring our fear of unconventional religious groups and how such fear curtails our ability to tolerate religious differences, Why Waco? is an unsettling wake-up call. Using the events at Mount Carmel as a cautionary tale, the authors challenge all Americans, including government officials and media representatives, to closely examine our national commitment to religious freedom.
Author: Martien E. Brinkman
Publisher: BRILL
ISBN: 9004494693
Category : Religion
Languages : en
Pages : 192
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Book Description
Human freedom has been the source of both the high points of humanity as well as of its low points, thus giving rise to the impression that it is a somewhat ambivalent concept. According to Martien Brinkman, the major factor in this ambivalence is the rather narrow meaning that the concept has received in the course of history. Freedom is, for the most part, understood as ‘freedom from’ or ‘freedom to’ but only rarely as ‘freedom for’. However, it is precisely this latter understanding that is closest to the Christian understanding of freedom, which Brinkman defines as ‘internal attachment’. In his view Christian freedom is at bottom characterized by that to which one commits oneself in trust. He sees primarily the Christian theology of baptism, with its accent on ‘dying’ and ‘rising’ with Christ as the model for the way in which one acquires freedom. Brinkman illustrates this in this study by means of a great number of biblical images and images borrowed from the historical debates between Augustine and Pelagius and Luther and Erasmus.
Author: Stephen A. Smith
Publisher: Lulu.com
ISBN: 0999728318
Category : History
Languages : en
Pages : 704
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Book Description
Winner of the 2019 James Madison Prize for Outstanding Research in First Amendment Studies. What are the arguments for and against government restrictions on religious beliefs and practices? To what extent can or should government support religion? Why is religious liberty important? Now a comprehensive anthology comprising 300 important writings on religious liberty is available to address and examine these questions, and Smith provides the important historical grounding and philosophical positions that guide readers through these significant selections. It will remain a significant reference work to facilitate reasoned discussions of freedom of religion, whether for education or advocacy, in the classroom or the public sphere. This outstanding collection should be in every library and on the desk of anyone seeking to understand or shape public policies affecting religious liberty.
Author: Winnifred Fallers Sullivan
Publisher: Princeton University Press
ISBN: 1400890330
Category : Law
Languages : en
Pages : 336
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Book Description
The Constitution may guarantee it. But religious freedom in America is, in fact, impossible. So argues this timely and iconoclastic work by law and religion scholar Winnifred Sullivan. Sullivan uses as the backdrop for the book the trial of Warner vs. Boca Raton, a recent case concerning the laws that protect the free exercise of religion in America. The trial, for which the author served as an expert witness, concerned regulations banning certain memorials from a multiconfessional nondenominational cemetery in Boca Raton, Florida. The book portrays the unsuccessful struggle of Catholic, Protestant, and Jewish families in Boca Raton to preserve the practice of placing such religious artifacts as crosses and stars of David on the graves of the city-owned burial ground. Sullivan demonstrates how, during the course of the proceeding, citizens from all walks of life and religious backgrounds were harassed to define just what their religion is. She argues that their plight points up a shocking truth: religion cannot be coherently defined for the purposes of American law, because everyone has different definitions of what religion is. Indeed, while religious freedom as a political idea was arguably once a force for tolerance, it has now become a force for intolerance, she maintains. A clear-eyed look at the laws created to protect religious freedom, this vigorously argued book offers a new take on a right deemed by many to be necessary for a free democratic society. It will have broad appeal not only for religion scholars, but also for anyone interested in law and the Constitution. Featuring a new preface by the author, The Impossibility of Religious Freedom offers a new take on a right deemed by many to be necessary for a free democratic society.
Author: Marc O. DeGirolami
Publisher: Harvard University Press
ISBN: 0674074114
Category : Law
Languages : en
Pages : 317
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Book Description
Legal scholars expect to resolve religious dilemmas according to principles of equality, neutrality, or separation of church and state. But such abstractions fail to do justice to the clashing values in today’s pluralistic society. Marc DeGirolami explains why conflicts implicating religious liberty are so emotionally fraught and deeply contested.
Author: David Sehat
Publisher: Oxford University Press
ISBN: 9780199793112
Category : Religion
Languages : en
Pages : 368
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Book Description
In the battles over religion and politics in America, both liberals and conservatives often appeal to history. Liberals claim that the Founders separated church and state. But for much of American history, David Sehat writes, Protestant Christianity was intimately intertwined with the state. Yet the past was not the Christian utopia that conservatives imagine either. Instead, a Protestant moral establishment prevailed, using government power to punish free thinkers and religious dissidents. In The Myth of American Religious Freedom, Sehat provides an eye-opening history of religion in public life, overturning our most cherished myths. Originally, the First Amendment applied only to the federal government, which had limited authority. The Protestant moral establishment ruled on the state level. Using moral laws to uphold religious power, religious partisans enforced a moral and religious orthodoxy against Catholics, Jews, Mormons, agnostics, and others. Not until 1940 did the U.S. Supreme Court extend the First Amendment to the states. As the Supreme Court began to dismantle the connections between religion and government, Sehat argues, religious conservatives mobilized to maintain their power and began the culture wars of the last fifty years. To trace the rise and fall of this Protestant establishment, Sehat focuses on a series of dissenters--abolitionist William Lloyd Garrison, suffragist Elizabeth Cady Stanton, socialist Eugene V. Debs, and many others. Shattering myths held by both the left and right, David Sehat forces us to rethink some of our most deeply held beliefs. By showing the bad history used on both sides, he denies partisans a safe refuge with the Founders.
Author: Steven D. Smith
Publisher: Harvard University Press
ISBN: 0674730135
Category : Law
Languages : en
Pages : 240
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Book Description
Familiar accounts of religious freedom in the United States often tell a story of visionary founders who broke from centuries-old patterns of Christendom to establish a political arrangement committed to secular and religiously neutral government. These novel commitments were supposedly embodied in the religion clauses of the First Amendment. But this story is largely a fairytale, Steven Smith says in this incisive examination of a much-mythologized subject. The American achievement was not a rejection of Christian commitments but a retrieval of classic Christian ideals of freedom of the church and of conscience. Smith maintains that the First Amendment was intended merely to preserve the political status quo in matters of religion. America's distinctive contribution was, rather, a commitment to open contestation between secularist and providentialist understandings of the nation which evolved over the nineteenth century. In the twentieth century, far from vindicating constitutional principles, as conventional wisdom suggests, the Supreme Court imposed secular neutrality, which effectively repudiated this commitment to open contestation. Instead of upholding what was distinctively American and constitutional, these decisions subverted it. The negative consequences are visible today in the incoherence of religion clause jurisprudence and the intense culture wars in American politics.
