Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience: Inalienable Rights
Autor Nathan S. Chapman, Michael W. McConnellen Limba Engleză Hardback – 2 aug 2023
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Specificații
ISBN-13: 9780195304664
ISBN-10: 0195304667
Pagini: 240
Ilustrații: 16 halftones
Dimensiuni: 211 x 149 x 23 mm
Greutate: 0.38 kg
Editura: Oxford University Press
Colecția OUP USA
Seria Inalienable Rights
Locul publicării:New York, United States
ISBN-10: 0195304667
Pagini: 240
Ilustrații: 16 halftones
Dimensiuni: 211 x 149 x 23 mm
Greutate: 0.38 kg
Editura: Oxford University Press
Colecția OUP USA
Seria Inalienable Rights
Locul publicării:New York, United States
Recenzii
Chapman and McConnell take the reader on an illuminating journey through British and early American establishments, relevant developments in the nineteenth century, and eight decades of modern Establishment Clause interpretation. Building on a well-articulated view of the clause's animating values, they argue that a jurisprudence rooted in history will yield greater religious liberty and pluralism. Agreeing to Disagree enters the constitutional discourse at an especially critical time now that the Supreme Court has moved into the uncharted interpretive territory of 'historical practices and understandings.'
Chapman and McConnell provide a clear-eyed and carefully crafted defense for the first freedom stated in the Bill of Rights. Their discussion of religious accommodations is essential reading, as it can help lower the temperature and advance the political pluralism to which the nation is committed.
Chapman and McConnell draw on decades of their scholarly analysis and litigation experience to offer the broader public a concise and jargon-free guide to the First Amendment's religion clauses. This elegant book makes a persuasive case that we cannot interpret the Constitution's non-establishment directive without a deep historical appreciation for the type of established church the Founding generations feared. The resulting principles call for an approach grounded in pluralism rather than secularism and offer a framework for the many law and religion controversies that will almost certainly come before the Supreme Court.
The First Amendment prohibition on religious establishments was one of America's most original contributions to Western constitutionalism. But it has become deeply controversial in recent Supreme Court cases and culture wars. In Agreeing to Disagree, two of the nation's leading scholars of religious liberty call for a return to the American founders' cardinal insight that liberty, justice, and civic peace are best served when government remains neutral toward religion and avoids coercing or inducing any religious beliefs or practices. Judges, scholars, and interested citizens alike will find much to savor in this bracing and brilliant text.
Outstanding new book.
The Kennedy Court's rejection of secularist suppression was the perfect moment for the justices to substitute this norm for its ahistorical secularist mandates. Sometimes, the antidote to bad doctrine is better doctrine, not no doctrine at all. But the Court has unfortunately chosen to proceed by dead historical reckoning. There is no better compass for that journey than Agreeing to Disagree.
Chapman and McConnell provide a clear-eyed and carefully crafted defense for the first freedom stated in the Bill of Rights. Their discussion of religious accommodations is essential reading, as it can help lower the temperature and advance the political pluralism to which the nation is committed.
Chapman and McConnell draw on decades of their scholarly analysis and litigation experience to offer the broader public a concise and jargon-free guide to the First Amendment's religion clauses. This elegant book makes a persuasive case that we cannot interpret the Constitution's non-establishment directive without a deep historical appreciation for the type of established church the Founding generations feared. The resulting principles call for an approach grounded in pluralism rather than secularism and offer a framework for the many law and religion controversies that will almost certainly come before the Supreme Court.
The First Amendment prohibition on religious establishments was one of America's most original contributions to Western constitutionalism. But it has become deeply controversial in recent Supreme Court cases and culture wars. In Agreeing to Disagree, two of the nation's leading scholars of religious liberty call for a return to the American founders' cardinal insight that liberty, justice, and civic peace are best served when government remains neutral toward religion and avoids coercing or inducing any religious beliefs or practices. Judges, scholars, and interested citizens alike will find much to savor in this bracing and brilliant text.
Outstanding new book.
The Kennedy Court's rejection of secularist suppression was the perfect moment for the justices to substitute this norm for its ahistorical secularist mandates. Sometimes, the antidote to bad doctrine is better doctrine, not no doctrine at all. But the Court has unfortunately chosen to proceed by dead historical reckoning. There is no better compass for that journey than Agreeing to Disagree.
Notă biografică
Nathan S. Chapman is the Pope F. Brock Associate Professor of Professional Responsibility at the University f Georgia School of Law, and a McDonald Distinguished Fellow of Law and Religion at the Emory Center for Law and Religion. He was formerly the Executive Director of the Stanford Constitutional Law Center.Michael W. McConnell is the Richard and Frances Mallery Professor and Director of the Constitutional Law Center at Stanford Law School, and a Senior Fellow at the Hoover Institution. From 2002 to 2009, he served as a Circuit Judge on the United States Court of Appeals for the Tenth Circuit. He has argued sixteen cases in the United States Supreme Court, six of which involved the Religion Clauses. McConnell is also co-editor of Religion and the Constitution and Christian Perspectives on Legal Thought. His most recent book is The President Who Would Not Be King: Executive Power under the Constitution.