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The Spirit Of The Law

Author: Sarah Barringer Gordon
Publisher: Harvard University Press
ISBN: 9780674046542
Size: 11.53 MB
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A new constitutional world burst into American life in the mid-twentieth century. For the first time, the national constitution's religion clauses were extended by the United States Supreme Court to all state and local governments. As energized religious individuals and groups probed the new boundaries between religion and government and claimed their sacred rights in court, a complex and evolving landscape of religion and law emerged. Sarah Gordon tells the stories of passionate believers who turned to the law and the courts to facilitate a dazzling diversity of spiritual practice. Legal decisions revealed the exquisite difficulty of gauging where religion ends and government begins. Controversies over school prayer, public funding, religion in prison, same-sex marriage, and secular rituals roiled long-standing assumptions about religion in public life. The range and depth of such conflicts were remarkableâe"and ubiquitous. Telling the story from the ground up, Gordon recovers religious practices and traditions that have generated compelling claims while transforming the law of religion. From isolated schoolchildren to outraged housewives and defiant prisoners, believers invoked legal protection while courts struggled to produce stable constitutional standards. In a field dominated by controversy, the vital connection between popular and legal constitutional understandings has sometimes been obscured. The Spirit of the Law explores this tumultuous constitutional world, demonstrating how religion and law have often seemed irreconcilable, even as they became deeply entwined in modern America.

Law And Religion In American History

Author: Mark Douglas McGarvie
Publisher: Cambridge University Press
ISBN: 1107150930
Size: 50.40 MB
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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 D. 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.

The Oxford Handbook Of The U S Constitution

Author: Mark Tushnet
Publisher: Oxford University Press
ISBN: 019024576X
Size: 51.72 MB
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The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. The historical essays included in this Handbook cover the Constitution from 1620 right through the Reagan Revolution to the present. Essays on political science detail how contemporary citizens in the United States rely extensively on political parties, interest groups, and bureaucrats to operate a constitution designed to prevent the rise of parties, interest-group politics and an entrenched bureaucracy. The essays on law explore how contemporary citizens appear to expect and accept the exertions of power by a Supreme Court, whose members are increasingly disconnected from the world of practical politics. Essays on rights discuss how contemporary citizens living in a diverse multi-racial society seek guidance on the meaning of liberty and equality, from a Constitution designed for a society in which all politically relevant persons shared the same race, gender, religion and ethnicity. Lastly, the essays on themes explain how in a "globalized" world, people living in the United States can continue to be governed by a constitution originally meant for a society geographically separated from the rest of the "civilized world." Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today.

Religion The Secular And The Politics Of Sexual Difference

Author: Linell E. Cady
Publisher: Columbia University Press
ISBN: 0231536046
Size: 58.92 MB
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Global struggles over women's roles, rights, and dress increasingly cast the secular and the religious in tense if not violent opposition. When advocates for equality speak in terms of rights and modern progress, or reactionaries ground their authority in religious and scriptural appeals, both tend to presume women's emancipation is ineluctably tied to secularization. Religion, the Secular, and the Politics of Sexual Difference upsets this certainty by drawing on diverse voices and traditions in studies that historicize, question, and test the implicit links between secularism and expanded freedoms for women. Rather than position secularism as the answer to conflicts over gender and sexuality, this volume shows both religion and the secular collaborate in creating the conditions that generate them.

Der Gesellschaftsvertrag

Author: Jean-Jacques Rousseau
Publisher: Jazzybee Verlag
ISBN: 3849679365
Size: 74.63 MB
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Der Gesellschaftsvertrag gilt als das Hauptwerk des Philosophen Jean-Jacques Rousseau. Es erschien erstmals 1762 in Amsterdam und wurde daraufhin in Frankreich, den Niederlanden, in Genf und Bern sofort verboten. Das Buch ist ein Schlüsselwerk der Aufklärungsphilosophie und ein großer Wegbereiter moderner Demokratie und Demokratietheorie.