Law and Religion in American History

Public Values and Private Conscience

Author: Mark Douglas McGarvie

Publisher: Cambridge University Press

ISBN: 1316684148

Category: History

Page: N.A

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This book furthers dialogue on the separation of church and state with an approach that emphasizes intellectual history and the constitutional theory that underlies American society. Mark Douglas McGarvie explains that the founding fathers of America considered the right of conscience to be an individual right, to be protected against governmental interference. While the religion clauses enunciated this right, its true protection occurred in the creation of separate public and private spheres. Religion and the churches were placed in the private sector. Yet, politically active Christians have intermittently mounted challenges to this bifurcation in calling for a greater public role for Christian faith and morality in American society. Both students and scholars will learn much from this intellectual history of law and religion that contextualizes a four-hundred-year-old ideological struggle.

One Nation Under Law

America's Early National Struggles to Separate Church and State

Author: Mark Douglas McGarvie

Publisher: N.A

ISBN: 9780875806068

Category: History

Page: 256

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In this book, the author traces the influence of religion in Lincoln's speeches and writings, showing how the president unified his strongly democratic politics with a religious moral vision.

The Cambridge History of Law in America

Author: Michael Grossberg,Christopher Tomlins

Publisher: Cambridge University Press

ISBN: 0521803055

Category: History

Page: 739

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This volume covers American law from the earliest settlement and colonization of North America.

The Rise and Decline of American Religious Freedom

Author: Steven D. Smith

Publisher: Harvard University Press

ISBN: 0674730135

Category: Law

Page: 240

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Familiar accounts of religious freedom in the United States often tell a story of visionary founders who broke from centuries-old patterns of Christendom to establish a political arrangement committed to secular and religiously neutral government. These novel commitments were supposedly embodied in the religion clauses of the First Amendment. But this story is largely a fairytale, Steven Smith says in this incisive examination of a much-mythologized subject. The American achievement was not a rejection of Christian commitments but a retrieval of classic Christian ideals of freedom of the church and of conscience. Smith maintains that the First Amendment was intended merely to preserve the political status quo in matters of religion. America's distinctive contribution was, rather, a commitment to open contestation between secularist and providentialist understandings of the nation which evolved over the nineteenth century. In the twentieth century, far from vindicating constitutional principles, as conventional wisdom suggests, the Supreme Court imposed secular neutrality, which effectively repudiated this commitment to open contestation. Instead of upholding what was distinctively American and constitutional, these decisions subverted it. The negative consequences are visible today in the incoherence of religion clause jurisprudence and the intense culture wars in American politics.

A Reforming People

Puritanism and the Transformation of Public Life in New England

Author: David D. Hall

Publisher: UNC Press Books

ISBN: 0807837113

Category: History

Page: 288

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In this revelatory account of the people who founded the New England colonies, historian David D. Hall compares the reforms they enacted with those attempted in England during the period of the English Revolution. Bringing with them a deep fear of arbitrary, unlimited authority, these settlers based their churches on the participation of laypeople and insisted on "consent" as a premise of all civil governance. Puritans also transformed civil and criminal law and the workings of courts with the intention of establishing equity. In this political and social history of the five New England colonies, Hall provides a masterful re-evaluation of the earliest moments of New England's history, revealing the colonists to be the most effective and daring reformers of their day.

Liberty of Conscience

In Defense of America's Tradition of Religious Equality

Author: Martha Craven Nussbaum

Publisher: Basic Books (AZ)

ISBN: 0465051642

Category: Social Science

Page: 406

View: 345

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An analysis of America's commitment to religious liberty uses political history, philosophical ideas, and key constitutional cases to discuss its basis in six principles: equality, respect for conscience, liberty, accommodation of minorities, nonestablishment, and separation of church and state.

The Clash of Orthodoxies

Law, Religion, and Morality in Crisis

Author: Robert P. George

Publisher: Open Road Media

ISBN: 1497651433

Category: Political Science

Page: 420

View: 8857

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It is a common supposition among many of our cultural elites that a constitutional “wall of separation” between church and state precludes religious believers from bringing their beliefs to bear on public matters. This is because secular liberals typically assume that their own positions on morally charged issues of public policy are the fruit of pure reason, while those of their morally conservative opponents reflect an irrational religious faith. In The Clash of Orthodoxies Robert George shows that this supposition is wrong on both counts. Challenging liberalism’s claim to represent the triumph of reason, George argues that on controversial issues like abortion, stem-cell research, euthanasia, homosexuality, and same-sex marriage, traditional Judeo-Christian beliefs are actually rationally superior to secular liberal alternatives. Drawing on the natural law philosophical tradition, George demolishes various secularist pretenses, such as the notion that the very young and very old among us are somehow subpersonal and not worthy of full legal protection. He reveals the dubious person/body dualism implicit in secularist arguments, and he demonstrates the flawed reasoning behind the idea that the state ought to be neutral regarding competing understandings of the nature and value of marriage. George also revisits the controversy surrounding his participation in the First Things “End of Democracy?” symposium, in which he considered the relevance of Catholic teachings regarding the legitimacy of political regimes to the contemporary American situation. George argues that because natural law and natural rights doctrine lie at the foundation of the American republic, the judicial reading of the Constitution that has undermined democracy in order to enshrine the secularist agenda is deeply flawed. In advancing his thesis, George argues for a return to old-fashioned liberalism, a worldview that he claims is best exemplified by Pope John Paul II, whose teachings laud democracy, religious liberty, and economic freedom while also recognizing the demands of civil rights, social and economic justice, and the principle of subsidiarity. These demands restrain Catholics—and indeed all people of faith—from making personal freedom an absolute, and George takes to task those political leaders who, though believers, have denied or ignored the political responsibility this entails. The Clash of Orthodoxies is a profoundly important contribution to our contemporary national conversation about the proper role of religion in politics. The lucid and persuasive prose of Robert George, one of America’s most prominent public intellectuals, will shock secular liberals out of an unwarranted complacency and provide powerful ammunition for embattled defenders of traditional morality.

Religious Liberties

Anti-Catholicism and Liberal Democracy in Nineteenth-Century U.S. Literature and Culture

Author: Elizabeth Fenton

Publisher: Oxford University Press

ISBN: 0190452528

Category: Religion

Page: 192

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In the late eighteenth and nineteenth centuries, Catholicism was often presented in the U.S. not only as a threat to Protestantism but also as an enemy of democracy. Focusing on literary and cultural representations of Catholics as a political force, Elizabeth Fenton argues that the U.S. perception of religious freedom grew partly, and paradoxically, out of a sometimes virulent but often genteel anti-Catholicism. Depictions of Catholicism's imagined intolerance and cruelty allowed writers time and again to depict their nation as tolerant and free. As Religious Liberties shows, anti-Catholic sentiment particularly shaped U.S. conceptions of pluralism and its relationship to issues as diverse as religious privacy, territorial expansion, female citizenship, political representation, chattel slavery, and governmental partisanship. Drawing on a wide range of materials--from the Federalist Papers to antebellum biographies of Toussaint Louverture; from nativist treatises to Margaret Fuller's journalism; from convent expos?s to novels by Catharine Sedgwick, Augusta J. Evans, Nathanial Hawthorne, Harriet Beecher Stowe, Herman Melville, and Mark Twain--Fenton's study excavates the influence of anti-Catholic sentiment on both the liberal tradition and early U.S. culture more generally. In concert, these texts suggest how the prejudice against Catholicism facilitated an alignment of U.S. nationalism with Protestantism, thus ensuring the mutual dependence, rather than the putative "separation" of church and state.

Secularism

Politics, Religion, and Freedom

Author: Andrew Copson

Publisher: Oxford University Press

ISBN: 0198809131

Category: Religion

Page: 176

View: 941

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Until the modern period the integration of church (or other religion) and state (or political life) had been taken for granted. The political order was always tied to an official religion in Christian Europe, pre-Christian Europe, and in the Arabic world. But from the eighteenth century onwards, some European states began to set up their political order on a different basis. Not religion, but the rule of law through non-religious values embedded in constitutions became the foundation of some states -- a movement we now call secularism. In others, a de facto secularism emerged as political values and civil and criminal law altered their professed foundation from a shared religion to a non-religious basis. Today secularism is an increasingly hot topic in public, political, and religious debate across the globe. It is embodied in the conflict between secular republics -- from the US to India -- and the challenges they face from resurgent religious identity politics; in the challenges faced by religious states like those of the Arab world from insurgent secularists; and in states like China where calls for freedom of belief are challenging a state imposed non-religious worldview. In this short introduction Andrew Copson tells the story of secularism, taking in momentous episodes in world history, such as the great transition of Europe from religious orthodoxy to pluralism, the global struggle for human rights and democracy, and the origins of modernity. He also considers the role of secularism when engaging with some of the most contentious political and legal issues of our time: "blasphemy," "apostasy," religious persecution, religious discrimination, religious schools, and freedom of belief and thought in a divided world.

Constructivism and the New Social Studies

A Collection of Classic Inquiry Lessons

Author: Geoffrey Scheurman,Ronald W. Evans

Publisher: IAP

ISBN: 1641132965

Category: Education

Page: 409

View: 3095

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The New Social Studies refers to a flurry of academic and commercial activity during the 1960s and 1970s that resulted in the mass development and dissemination of revolutionary classroom materials and teacher resources. In science as well as social studies, a spirit of “inquiry-based teaching” filled the air during this time, resulting in the development of curricula that were both pedagogically innovative and intellectually rigorous. “Constructivism and the New Social Studies” contains a collection of classic lessons from some of the most successful projects of the era, providing a resource of exceptional ideas and materials that have stood the test of time. These revealing artifacts are presented with commentaries from some of the original directors of major projects, including Edwin Fenton, Barry Beyer, and Suzanne Helburn. In addition to American and World History, groundbreaking lessons are represented in Economics, Government, Sociology, and Geography, including the Public Issues Series (Fred Newann), The Amherst History Project (Richard Brown and Geoffrey Scheurman) and Teaching American History: The Quest for Relevancy (Allan Kownslar, Gerald Ponder, and Geneva Gay), and Man: A Course of Study (Peter Dow). With a Foreword by Jerome Bruner, the volume not only provides a resource of exceptional curriculum ideas and actual materials, it also builds a lucid bridge between the theoretical ideas of constructivism and the pedagogical principles of inquiry learning. With over 50 years of expertise from curriculum history and social studies pedagogy, the editors make the case that “guided inquiry” as presented in these projects was constructivist by design, offering a range of instructional methods that begin with questions rather than answers and considers progress in terms of the development of analytical skills and experimental habits of mind rather than the mere acquisition of knowledge. Projects developed during the New Social Studies serve as both an interesting historical archive of powerful curricular innovations as well as a treasure trove of actual lessons and materials still useful in social studies classrooms striving to become more constructivist. The lessons and other materials we chose should be relevant if you are an historian, researcher, theorist, or teacher of any subject, but it will be especially significant if you are interested in the nature of social, civic, or historical literacy in America, including how to teach for authentic achievement in those areas.

New Netherland and the Dutch Origins of American Religious Liberty

Author: Evan Haefeli

Publisher: University of Pennsylvania Press

ISBN: 0812208951

Category: History

Page: 376

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The settlers of New Netherland were obligated to uphold religious toleration as a legal right by the Dutch Republic's founding document, the 1579 Union of Utrecht, which stated that "everyone shall remain free in religion and that no one may be persecuted or investigated because of religion." For early American historians this statement, unique in the world at its time, lies at the root of American pluralism. New Netherland and the Dutch Origins of American Religious Liberty offers a new reading of the way tolerance operated in colonial America. Using sources in several languages and looking at laws and ideas as well as their enforcement and resistance, Evan Haefeli shows that, although tolerance as a general principle was respected in the colony, there was a pronounced struggle against it in practice. Crucial to the fate of New Netherland were the changing religious and political dynamics within the English empire. In the end, Haefeli argues, the most crucial factor in laying the groundwork for religious tolerance in colonial America was less what the Dutch did than their loss of the region to the English at a moment when the English were unusually open to religious tolerance. This legacy, often overlooked, turns out to be critical to the history of American religious diversity. By setting Dutch America within its broader imperial context, New Netherland and the Dutch Origins of American Religious Liberty offers a comprehensive and nuanced history of a conflict integral to the histories of the Dutch republic, early America, and religious tolerance.

Boundaries of the State in US History

Author: James T. Sparrow,William J. Novak,Stephen W. Sawyer

Publisher: University of Chicago Press

ISBN: 022627781X

Category: History

Page: 384

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The question of how the American state defines its power has become central to a range of historical topics, from the founding of the Republic and the role of the educational system to the functions of agencies and America’s place in the world. Yet conventional histories of the state have not reckoned adequately with the roots of an ever-expanding governmental power, assuming instead that the American state was historically and exceptionally weak relative to its European peers. Here, James T. Sparrow, William J. Novak, and Stephen W. Sawyer assemble definitional essays that search for explanations to account for the extraordinary growth of US power without resorting to exceptionalist narratives. Turning away from abstract, metaphysical questions about what the state is, or schematic models of how it must work, these essays focus instead on the more pragmatic, historical question of what it does. By historicizing the construction of the boundaries dividing America and the world, civil society and the state, they are able to explain the dynamism and flexibility of a government whose powers appear so natural as to be given, invisible, inevitable, and exceptional.

Religious Freedom in an Egalitarian Age

Author: Nelson Tebbe

Publisher: Harvard University Press

ISBN: 0674974891

Category: Law

Page: 230

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Nelson Tebbe shows how a method called social coherence offers a way to resolve conflicts between advocates of religious freedom and proponents of equality law. Based on the way people reason through moral problems in everyday life, it can lead to workable solutions in a wide range of issues, including gay rights and women’s reproductive choice.

Divided by God

America's Church-State Problem--and What We Should Do About It

Author: Noah Feldman

Publisher: Farrar, Straus and Giroux

ISBN: 9780374708153

Category: Religion

Page: 320

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A brilliant and urgent appraisal of one of the most profound conflicts of our time Even before George W. Bush gained reelection by wooing religiously devout "values voters," it was clear that church-state matters in the United States had reached a crisis. With Divided by God, Noah Feldman shows that the crisis is as old as this country--and looks to our nation's past to show how it might be resolved. Today more than ever, ours is a religiously diverse society: Muslim, Hindu, and Buddhist as well as Catholic, Protestant, and Jewish. And yet more than ever, committed Christians are making themselves felt in politics and culture. What are the implications of this paradox? To answer this question, Feldman makes clear that again and again in our nation's history diversity has forced us to redraw the lines in the church-state divide. In vivid, dramatic chapters, he describes how we as a people have resolved conflicts over the Bible, the Pledge of Allegiance, and the teaching of evolution through appeals to shared values of liberty, equality, and freedom of conscience. And he proposes a brilliant solution to our current crisis, one that honors our religious diversity while respecting the long-held conviction that religion and state should not mix. Divided by God speaks to the headlines, even as it tells the story of a long-running conflict that has made the American people who we are.

Conscience and Community

Revisiting Toleration and Religious Dissent in Early Modern England and America

Author: Andrew R. Murphy

Publisher: Penn State Press

ISBN: 0271075945

Category: History

Page: 360

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Religious toleration appears near the top of any short list of core liberal democratic values. Theorists from John Locke to John Rawls emphasize important interconnections between the principles of toleration, constitutional government, and the rule of law. Conscience and Community revisits the historical emergence of religious liberty in the Anglo-American tradition, looking deeper than the traditional emergence of toleration to find not a series of self-evident or logically connected expansions but instead a far more complex evolution. Murphy argues that contemporary liberal theorists have misunderstood and misconstrued the actual historical development of toleration in theory and practice. Murphy approaches the concept through three "myths" about religious toleration: that it was opposed only by ignorant, narrow-minded persecutors; that it was achieved by skeptical Enlightenment rationalists; and that tolerationist arguments generalize easily from religion to issues such as gender, race, ethnicity, and sexuality, providing a basis for identity politics.

Religion on Trial

How Supreme Court Trends Threaten Freedom of Conscience in America

Author: Phillip E. Hammond,David W. Machacek,Eric Michael Mazur

Publisher: Rowman Altamira

ISBN: 0759115737

Category: Religion

Page: 200

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The free exercise of conscience is under attack in the United States. Already the conservative bloc of the Supreme Court is reversing the progress of religious liberty that had been steadily advancing. And this danger will only increase if more conservative judges are nominated to the court. This is the impassioned argument of Religion on Trial.

The Elements of Journalism

What Newspeople Should Know and the Public Should Expect

Author: Bill Kovach,Tom Rosenstiel

Publisher: Three Rivers Press (CA)

ISBN: 0804136785

Category: Language Arts & Disciplines

Page: 332

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The authors outline the main principles of journalism, discussing the ethical and professional issues affecting the work of newspeople, the forces shaping the profession, and the future of journalism. 50,000 first printing.

The New Religious Intolerance

Author: Martha C. Nussbaum

Publisher: Harvard University Press

ISBN: 0674065913

Category: History

Page: 288

View: 6256

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Main description: What impulse prompted some newspapers to attribute the murder of 77 Norwegians to Islamic extremists, until it became evident that a right-wing Norwegian terrorist was the perpetrator? Why did Switzerland, a country of four minarets, vote to ban those structures? How did a proposed Muslim cultural center in lower Manhattan ignite a fevered political debate across the United States? In The New Religious Intolerance, Martha C. Nussbaum surveys such developments and identifies the fear behind these reactions. Drawing inspiration from philosophy, history, and literature, she suggests a route past this limiting response and toward a more equitable, imaginative, and free society.Fear, Nussbaum writes, is 0more narcissistic than other emotions.0 Legitimate anxieties become distorted and displaced, driving laws and policies biased against those different from us. Overcoming intolerance requires consistent application of universal principles of respect for conscience. Just as important, it requires greater understanding. Nussbaum challenges us to embrace freedom of religious observance for all, extending to others what we demand for ourselves. She encourages us to expand our capacity for empathetic imagination by cultivating our curiosity, seeking friendship across religious lines, and establishing a consistent ethic of decency and civility. With this greater understanding and respect, Nussbaum argues, we can rise above the politics of fear and toward a more open and inclusive future.

The Righteous Mind

Why Good People are Divided by Politics and Religion

Author: Jonathan Haidt

Publisher: Vintage

ISBN: 0307455777

Category: Philosophy

Page: 500

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Presents a groundbreaking investigation into the origins of morality at the core of religion and politics, offering scholarly insight into the motivations behind cultural clashes that are polarizing America.

The Constitutional Origins of the American Revolution

Author: Jack P. Greene

Publisher: Cambridge University Press

ISBN: 1139492934

Category: History

Page: N.A

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Using the British Empire as a case study, this succinct study argues that the establishment of overseas settlements in America created a problem of constitutional organization. The failure to resolve the resulting tensions led to the thirteen continental colonies seceding from the empire in 1776. Challenging those historians who have assumed that the British had the law on their side during the debates that led to the American Revolution, this volume argues that the empire had long exhibited a high degree of constitutional multiplicity, with each colony having its own discrete constitution. Contending that these constitutions cannot be conflated with the metropolitan British constitution, it argues that British refusal to accept the legitimacy of colonial understandings of the sanctity of the many colonial constitutions and the imperial constitution was the critical element leading to the American Revolution.