American Supreme Court jurisprudence in the area of religious freedom has been, for the most part, predicated upon a form of liberal theory commonly known as "procedural liberalism." Faith on Trial explains how the Court's reliance on this theoretical basis hampers its ability to adequately address the reality of religion as a pluralistic social institution. David E. Guinn provides a detailed critique of procedural liberalism by thinkers such as Charles Taylor and Iris Marion Youngtapping into the idea of "deep diversity" suggested by Taylorthrough the development of a new theoretical model that reconceptualizes Supreme Court jurisprudence. This challenging work demonstrates a practical way to resolve the problems inherent in much existing religious freedom jurisprudence and calls for a reformation of Supreme Court thinking on the First Amendment.
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About the Author
David E. Guinn is a moral, legal and political philosopher and lawyer. The former Executive Director of the International Human Rights Law Institute, adjunct professor of law, and consultant for the Center for Church/State Studies at DePaul University, he is the author of PROTECTING JERUSALEM'S HOLY SITES: A STRATEGY FOR NEGOTIATING A SACRED PEACE (Cambridge 2006) and editor of HANDBOOK OF BIOETHICS AND RELIGION (Oxford 2006).
Table of Contents
Chapter 1 Introduction: Part I A Flawed System of Religious Freedom Chapter 2 Introduction Part II Religious Freedom and the Theory of Deep Diversity Chapter 3 Religious Freedom in America Chapter 4 The Nature of Religion and Its Implications for Supreme Court Jurisprudence Chapter 5 Recognition, Universalism, Diversity, and Concepts of the Self Chapter 6 The Theory of Deep Diversity Chapter 7 Deep Diversity and Religious Freedom Chapter 8 Deep Diversity and the Establishment Clause Chapter 9 Deep Diversity and the Free Exercise Clause Chapter 10 A Test Case: Female Circumcision/Female Genital Mutilation Chapter 11 Religious Pluralism and Postmodernist America