Civil Peace and the Quest for Truth: The First Amendment Freedoms in Political Philosophy and American Constitutionalism

Overview

The freedoms of speech and religion assumed a sacrosanct space in American notions of civil liberty. But it was not until the twentieth century that these freedoms became prominent in American constitutional law; originally, the first ten amendments applied only to the federal government and not to the states. Murray Dry traces the trajectory of freedom of speech and religion to the center of contemporary debates as few scholars have done, by looking back to the American founding and to the classical texts in ...

See more details below
Paperback (New Edition)
$29.67
BN.com price
(Save 10%)$32.99 List Price
Other sellers (Paperback)
  • All (9) from $4.92   
  • New (5) from $31.19   
  • Used (4) from $4.92   
Sending request ...

Overview

The freedoms of speech and religion assumed a sacrosanct space in American notions of civil liberty. But it was not until the twentieth century that these freedoms became prominent in American constitutional law; originally, the first ten amendments applied only to the federal government and not to the states. Murray Dry traces the trajectory of freedom of speech and religion to the center of contemporary debates as few scholars have done, by looking back to the American founding and to the classical texts in political philosophy that shaped the founders' understanding of republican government. By comparing the colonial charters with the new state constitutions and studying the development of the federal Constitution, Dry demonstrates the shift from governmental concern for the salvation of souls to the more limited aim of the securing of rights. For a uniquely rich and nuanced appreciation of this shift Dry explores the political philosophy of Locke, Spinoza, Montesquieu, and Mill, among others, whose writings helped shaped the Supreme Court's view of religion as separate from philosophy, as a matter of individual faith and not a community practice. Delving into the polyvalent interpretations of such fundamental concepts as truth, faith, and freedom, Civil Peace and the Quest for Truth immeasurably advances the study of American constitutional law and our First Amendment rights.

Read More Show Less

Editorial Reviews

Daniel Farber
The great distinction of this book is that it links three subjects, which are far too often considered separately: constitutional protection for free speech, the religion clauses of the Constitutions, and the teachings of the political philosophers who influenced the Founding Fathers. Professor Dry reveals the deep ties between these subjects, thereby shedding considerable light on modern constitutional doctrine.
Suzanna Sherry
This timely book carefully describes the Supreme Court's constitutional doctrines of free speech and religion, and shows how that jurisprudence is derived from the Enlightenment thinkers who influenced the drafters of the American Constitution. Dry's analysis contains many insights on contemporary problems-from school vouchers to flag-burning-that will educate lawyers and non-lawyers alike. It is a must-read for anyone interested in the constitutional protection of speech and religion.
James R. Stoner
Civil Peace and the Quest for Truth has many virtues, not least its lucid presentation of an argument assumed by many but made by few. The author's broad reach of argumentation, precise scholarship, clear organization and expression, and confident liberalism promise that the book serves as a valuable introduction and reference for anyone considering the relation of political philosophy to American constitutionalism.
Read More Show Less

Product Details

  • ISBN-13: 9780739109311
  • Publisher: Lexington Books
  • Publication date: 11/30/2004
  • Series: Applications of Political Theory Series
  • Edition description: New Edition
  • Pages: 320
  • Product dimensions: 6.24 (w) x 8.98 (h) x 0.96 (d)

Meet the Author

Murray Dry is Charles A. Dana Professor of Political Science at Middlebury College.

Read More Show Less

Table of Contents

1 Part One: Religious Freedom and Freedom of Speech in the American Founding 2 Chapter 1: The American Founding and the Puritan Origins 3 Chapter 2: Religious Freedom and Freedom of Speech in the State Constitutions of the Confederation Period 4 Chapter 3: The Federal Constitution and the Bill of Rights 5 Chapter 4: The Postfounding Debate on Freedom of Speech: The Sedition Act, the Kentucky and Virginia Resolutions, and the Virginia 6 Part Two: The First Amendment Freedoms in Political Philosophy 7 Chapter 5: Ancient Political Philosophy: Plato, Aristotle, Thucydides 8 Chapter 6: Seventeenth Century Political Philosophy: Bacon, Hobbes, Milton, Locke, and Spinoza 9 Chapter 7: Montesquieu's Constitution of Liberty: The Spirit of the Laws 10 Chapter 8: John Stuart Mill's On Liberty 11 Part Three: The Supreme Court's Treatment of Freedom of Speech and Religious Freedom 12 Section A: Freedom of Speech 13 Chapter 9: Seditious Libel and Fifty Years of "Clear and Present Danger": From Schenck to Brandenburg 14 Chapter 10: The Preferred Position Doctrine and the Categorical Approach to Freedom of Speech: Libel 15 Chapter 11: The Increased Protection for "Fighting Words" and other "Offensive Speech," Obscenity, Pornography, and Commercial Speech 16 Chapter 12: Money and Speech and the Public Forum (or Time, Place and Manner) Doctrine 17 Section B 18 Chapter 13: Free Exercise Clause 19 Chapter 14: The Establishment Clause I 20 Chapter 15: The Establishment Clause II

Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)