Law And Religion / Edition 1

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Overview

Few issues arouse as much passionate debate as the relationship between church and state. Political parties and coalitions have long jockeyed for position in the battle to either keep the two separate, or to unify them in one nation indivisible from God. While the battle has been raging in the political arena, figures from academia, the media, and myriad other vantage points, have commented on the context and constitutionality of laws governing religious expression.

In Law and Religion, Stephen M. Feldman brings together the many perspectives that have shaped policy on this important national issue. In giving voice to the political left and right, as well as to cultural, philosophical, sociological and historical perspectives, the book serves as an even-handed treatment of an issue all too often clouded by biases. Contributors ranging from Stanley Fish to Richard John Neuhaus explore issues extending from religious morality and religious freedom, to fundamentalism, the separation of church and state, religion and public schooling, and liberal political theory. Comprehensive in scope, Law and Religion will stand as an important reference for anyone seeking to further understand this complex and highly emotional topic.

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Editorial Reviews

Booknews
Twenty-two scholars of law, ethics, philosophy, and religion address the relationship between law and religion in America, offering insights into how religion relates to the public sphere, the Supreme Court, and liberal political theory. Also included is a section exploring "outsider views" of the separation of church and state. Specific chapters focus on issues such as why the state must subordinate religion, religious argument in a free and democratic society, and prayer in the public schools. Annotation c. Book News, Inc., Portland, OR (booknews.com)
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Product Details

  • ISBN-13: 9780814726792
  • Publisher: New York University Press
  • Publication date: 6/1/2004
  • Series: Critical America Series
  • Edition description: New Edition
  • Edition number: 1
  • Pages: 288
  • Product dimensions: 1.00 (w) x 10.00 (h) x 7.00 (d)

Meet the Author

Stephen M. Feldman is the Jerry W. Housel/Carl F. Arnold Distinguished Professor of Law and Adjunct Professor of Political Science at the University of Wyoming. Previous titles include Please Don’t Wish Me a Merry Christmas: A Critical History of the Separation of Church and State (NYU Press, 1997) and Law and Religion: A Critical Anthology (NYU Press, 2000).

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Table of Contents

Acknowledgments
Critical Questions in Law and Religion: An Introduction 1
Religious Freedom in America: Three Stories 15
The Widening Gyres of Religion and Law 24
A New Discourse and Practice 35
The Reverend John Witherspoon and the Constitutional Convention 54
The Place of Religious Argument in a Free and Democratic Society 69
A New Order of Religious Freedom 89
The Other Side of Religion 96
Liberal Democracy and Religious Morality 115
The Peope's Submarine 149
Why the State Must Subordinate Religion 175
Equal Regard 200
The Incommensurability of Religion 226
Questioning the Value of Accommodating Religion 245
A Christian America and the Separation of Church and State 261
Jewish Voices and Religious Freedom: A Jewish Critique of Critical Jewish Thinking 278
A Crack in the Wall: Pluralism, Prayer, and Pain in the Public Schools 296
Secular Fundamentalism, Religious Fundamentalism, and the Search for Truth in Contemporary America 317
The Constitutional Tradition: A Perplexing Legacy 345
Toward a Normative Framework of a Love-Based Community 373
Mission Impossible: Settling the Just Bounds between Church and State 383
Liberal Thought and Religion in Custody and Visitation Cases 411
There Can Be Only One: Law, Religion, Grammar, and Social Organization in the United Sates 425
Contributors 465
Index 469
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