Regulating Religion: The Courts and the Free Exercise Clause

Regulating Religion: The Courts and the Free Exercise Clause

by Catharine Cookson, Catherine Cookson
     
 

ISBN-10: 019512944X

ISBN-13: 9780195129441

Pub. Date: 03/29/2001

Publisher: Oxford University Press

Jurisprudence regarding the "free exercise of religion" clause of the U.S. Constitution is in a state of confusion. There has been a series of rapid changes in the standard used by the Supreme Court to determine when a statute impermissibly restricts free exercise. The trend is now towards greater acceptance of government claims about the importance of

…  See more details below

Overview

Jurisprudence regarding the "free exercise of religion" clause of the U.S. Constitution is in a state of confusion. There has been a series of rapid changes in the standard used by the Supreme Court to determine when a statute impermissibly restricts free exercise. The trend is now towards greater acceptance of government claims about the importance of regulation over religious practices. Here, Cookson challenges the wisdom of this judicial drift, and its false dichotomy between anarchy and a system that respects religious freedom. In its place she offers a new, practical approach to resolving free exercise conflicts that could be used in both federal and state courts. Cookson shows the reader how violations of religious freedom affect the community whose values are at stake.

Product Details

ISBN-13:
9780195129441
Publisher:
Oxford University Press
Publication date:
03/29/2001
Edition description:
New Edition
Pages:
288
Product dimensions:
9.10(w) x 6.00(h) x 1.10(d)
Lexile:
1630L (what's this?)

Table of Contents

Introduction3
1The Legal Boundary between the Garden and the Wilderness: Legislation or the Free Exercise Clause?6
2The Process of Casuistry39
3Law and Dis-orderly Religion: Typologies of the Relationship between Conscience and the State48
4The Religiously Encumbered Self99
5Societal Boundaries, Paranoia and Ill Humor, and the Role of the Courts under the Free Exercise Clause109
6A Critique of the Court's Free Exercise Clause Jurisprudence in the U.S. Supreme Court Case of Employment Division v. Smith118
7Governmental Intervention in and Punishment for the Use of Spiritual Healing Methods149
8Casuistical Free Exercise Jurisprudence: A Summary and Some Conclusions186
Notes189
Index267

Read More

Customer Reviews

Average Review:

Write a Review

and post it to your social network

     

Most Helpful Customer Reviews

See all customer reviews >