Regulating Religion: The Courts and the Free Exercise Clause

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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.

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Editorial Reviews

From the Publisher
"In this worthy book [Catherine Cookson] makes a compelling case for a casuistical approach to church-state jurisprudence having to do with free exercise cases."—H-NET

"Beautifully written and argued it is rare to find a book on religion and the Constitution in the United States that brings such ideologically unencumbered care and intelligence to the issue. Cookson's reading of the major Supreme Court cases is fresh and smart."- The Journal of Religion

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Product Details

  • ISBN-13: 9780195129441
  • Publisher: Oxford University Press
  • Publication date: 3/29/2001
  • Edition description: New Edition
  • Pages: 288
  • Lexile: 1630L (what's this?)
  • Product dimensions: 9.10 (w) x 6.00 (h) x 1.10 (d)

Meet the Author

Virginia Wesleyan College
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Table of Contents

Introduction 3
1 The Legal Boundary between the Garden and the Wilderness: Legislation or the Free Exercise Clause? 6
2 The Process of Casuistry 39
3 Law and Dis-orderly Religion: Typologies of the Relationship between Conscience and the State 48
4 The Religiously Encumbered Self 99
5 Societal Boundaries, Paranoia and Ill Humor, and the Role of the Courts under the Free Exercise Clause 109
6 A Critique of the Court's Free Exercise Clause Jurisprudence in the U.S. Supreme Court Case of Employment Division v. Smith 118
7 Governmental Intervention in and Punishment for the Use of Spiritual Healing Methods 149
8 Casuistical Free Exercise Jurisprudence: A Summary and Some Conclusions 186
Notes 189
Index 267
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