The Religious Left and Church-State Relations

The Religious Left and Church-State Relations

by Steven H. Shiffrin

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Product Details

ISBN-13: 9780691156194
Publisher: Princeton University Press
Publication date: 09/16/2012
Edition description: Reprint
Pages: 256
Product dimensions: 6.10(w) x 9.20(h) x 0.90(d)

About the Author


Steven H. Shiffrin is the Charles Frank Reavis Sr. Professor of Law at Cornell University. He is the author of Dissent, Injustice, and the Meanings of America and The First Amendment, Democracy, and Romance (both Princeton).

Table of Contents

Preface ix

Introduction 1





PART I: THE PLURALISTIC FOUNDATIONS OF THE RELIGION CLAUSES 9





Chapter 1. Overview of Part I 11





Chapter 2. The Free Exercise Clause 16

The Court's Approach 16

Liberal Theory 17

Communitarian Theory 18

Free Exercise Values 20

Applying the Free Exercise Clause 23





Chapter 3. Establishment Clause Values 28

Liberty and Autonomy 29

Equality 30

Stability 31

Promoting Political Community 31

Protecting the Autonomy of Government 32

Protecting Churches 32

Promoting Religion 34





Chapter 4. Applying the Establishment Clause 41

Acceptable Deviations from Equality 42

Unacceptable Conformity with Equality:

Equality in the Public School Classroom 54

Concluding Observations about Part I 58





PART II: THE FIRST AMENDMENT AND THE SOCIALIZATION OF CHILDREN: COMPULSORY PUBLIC EDUCATION AND VOUCHERS 61





Chapter 5. Compulsory Public Education 63

Pierce v. Society of Sisters: A Landmark Case 65

The Purposes of Public Education 68

The Limits of Compulsory Public Education 74

Constitutional? Sometimes. Good Public Policy? No. 80

Chapter 6. Vouchers 82

Are Vouchers Constitutionally Required? 82

Wise Policy for Preadolescents? 83

Should Vouchers Be Constitutionally Permitted for Religious Schools? 86

Concluding Observations about Part II 93





PART III . RELIGION AND PROGRESSIVE POLITICS 95





Chapter 7. Religion and Progressive Politics 97

Secular Liberalism 100

Religious Liberalism 106

Chapter 8. The Politics of Liberalism 110

The Relative Political Attractiveness of Secular and Religious Liberalism 110

Religion and American Party Politics 125

Grassroots Democracy, Liberal Politics, and Excessive Religious Hostility 127





Conclusion 134

Notes 137

Index 237


What People are Saying About This

Bivins

Passionate, deeply learned, and timely, this book proves that something integral to American democracy is lost if we overlook the complexity, ambiguity, and in-between positions too often forsaken in declamatory public debates about political religions. It is an unquestionable contribution to long-standing conversations about religious jurisprudence, constitutional debates, religion and politics, and American democracy.
Jason C. Bivins, North Carolina State University

Sarah Barringer Gordon

Building on the recent invigoration of progressive religion, Shiffrin's crisp and tightly-argued call for a renewed liberal support for religious freedom in law and politics is a welcome addition to the growing scholarship on the progressive resurgence.
Sarah Barringer Gordon, University of Pennsylvania

Conkle

This well-researched and thoroughly documented book is insightful throughout. Its main argument concerning the religious left is important, provocative, imaginative, and cogently argued. Shiffrin engages and confronts competing views, not only of the Supreme Court but of prominent scholars, and he includes revealing comparative insights between the experiences of the United States and Europe.
Daniel O. Conkle, Indiana University Maurer School of Law

Kent Greenawalt

This is an extraordinarily well-written, original, and persuasive book that offers an eloquent plea for recognition of the multiple values of the religion clauses, emphasizes the civil values of public schools, and shows how religious perspectives can yield compelling reasons to separate church and state. It will greatly enrich the understanding of anyone who cares about religious liberty.
Kent Greenawalt, Columbia University Law School

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