The Spirit of the Law

Religious Voices and the Constitution in Modern America

DOWNLOAD NOW »

Author: Sarah Barringer Gordon

Publisher: Harvard University Press

ISBN: 9780674046542

Category: Law

Page: 316

View: 7864

A new constitutional world burst into American life in the mid-twentieth century. For the first time, the national constitution's religion clauses were extended by the United States Supreme Court to all state and local governments. As energized religious individuals and groups probed the new boundaries between religion and government and claimed their sacred rights in court, a complex and evolving landscape of religion and law emerged. Sarah Gordon tells the stories of passionate believers who turned to the law and the courts to facilitate a dazzling diversity of spiritual practice. Legal decisions revealed the exquisite difficulty of gauging where religion ends and government begins. Controversies over school prayer, public funding, religion in prison, same-sex marriage, and secular rituals roiled long-standing assumptions about religion in public life. The range and depth of such conflicts were remarkableâe"and ubiquitous. Telling the story from the ground up, Gordon recovers religious practices and traditions that have generated compelling claims while transforming the law of religion. From isolated schoolchildren to outraged housewives and defiant prisoners, believers invoked legal protection while courts struggled to produce stable constitutional standards. In a field dominated by controversy, the vital connection between popular and legal constitutional understandings has sometimes been obscured. The Spirit of the Law explores this tumultuous constitutional world, demonstrating how religion and law have often seemed irreconcilable, even as they became deeply entwined in modern America.

Religion, the Secular, and the Politics of Sexual Difference

DOWNLOAD NOW »

Author: Linell E. Cady,Tracy Fessenden

Publisher: Columbia University Press

ISBN: 0231536046

Category: Religion

Page: 344

View: 6347

Global struggles over women's roles, rights, and dress increasingly cast the secular and the religious in tense if not violent opposition. When advocates for equality speak in terms of rights and modern progress, or reactionaries ground their authority in religious and scriptural appeals, both tend to presume women's emancipation is ineluctably tied to secularization. Religion, the Secular, and the Politics of Sexual Difference upsets this certainty by drawing on diverse voices and traditions in studies that historicize, question, and test the implicit links between secularism and expanded freedoms for women. Rather than position secularism as the answer to conflicts over gender and sexuality, this volume shows both religion and the secular collaborate in creating the conditions that generate them.

Defending American Religious Neutrality

DOWNLOAD NOW »

Author: Andrew Koppelman

Publisher: Harvard University Press

ISBN: 0674067568

Category: Law

Page: 218

View: 8480

While First Amendment doctrine treats religion as a human good, the state must not take sides on theological questions. Koppelman explains the logic of this uniquely American form of neutrality: why it is fair to give religion special treatment, why old (but not new) religious ceremonies are permitted, and why laws must have a secular purpose.

Religious Lessons

Catholic Sisters and the Captured Schools Crisis in New Mexico

DOWNLOAD NOW »

Author: Kathleen Holscher

Publisher: Oxford University Press

ISBN: 0199781737

Category: History

Page: 260

View: 8956

Based on doctoral dissertation ""Habits in the classroom: A court case regarding Catholic sisters in New Mexico," Princeton (2008).

Making Legal History

Essays in Honor of William E. Nelson

DOWNLOAD NOW »

Author: Daniel J. Hulsebosch,R. B. Bernstein

Publisher: NYU Press

ISBN: 0814708447

Category: Law

Page: 325

View: 8318

One of the academy’s leading legal historians, William E. Nelson is the Edward Weinfeld Professor of Law at New York University School of Law. For more than four decades, Nelson has produced some of the most original and creative work on American constitutional and legal history. His prize-winning books have blazed new trails for historians with their substantive arguments and the scope and depth of Nelson’s exploration of primary sources. Nelson was the first legal scholar to use early American county court records as sources of legal and social history, and his work (on legal history in England, colonial America, and New York) has been a model for generations of legal historians. This book collects ten essays exemplifying and explaining the process of identifying and interpreting archival sources—the foundation of an array of methods of writing American legal history. The essays presented here span the full range of American history from the colonial era to the 1980s.Each historian has either identified a body of sources not previously explored or devised a new method of interrogating sources already known.The result is a kaleidoscopic examination of the historian’s task and of the research methods and interpretative strategies that characterize the rich, complex field of American constitutional and legal history.

Religious Freedom

Jefferson’s Legacy, America's Creed

DOWNLOAD NOW »

Author: John Ragosta

Publisher: University of Virginia Press

ISBN: 0813933714

Category: Law

Page: 312

View: 4397

For over one hundred years, Thomas Jefferson and his Statute for Establishing Religious Freedom have stood at the center of our understanding of religious liberty and the First Amendment. Jefferson’s expansive vision—including his insistence that political freedom and free thought would be at risk if we did not keep government out of the church and church out of government—enjoyed a near consensus of support at the Supreme Court and among historians, until Justice William Rehnquist called reliance on Jefferson "demonstrably incorrect." Since then, Rehnquist’s call has been taken up by a bevy of jurists and academics anxious to encourage renewed government involvement with religion. In Religious Freedom: Jefferson’s Legacy, America’s Creed, the historian and lawyer John Ragosta offers a vigorous defense of Jefferson’s advocacy for a strict separation of church and state. Beginning with a close look at Jefferson’s own religious evolution, Ragosta shows that deep religious beliefs were at the heart of Jefferson’s views on religious freedom. Basing his analysis on that Jeffersonian vision, Ragosta redefines our understanding of how and why the First Amendment was adopted. He shows how the amendment’s focus on maintaining the authority of states to regulate religious freedom demonstrates that a very strict restriction on federal action was intended. Ultimately revealing that the great sage demanded a firm separation of church and state but never sought a wholly secular public square, Ragosta provides a new perspective on Jefferson, the First Amendment, and religious liberty within the United States.

Pearl of Great Price Study Guide

Moses, Abraham, The Last Days, and Joseph Smith

DOWNLOAD NOW »

Author: Randal S. Chase

Publisher: Plain & Precious Publishing

ISBN: 1937901335

Category: Religion

Page: 340

View: 2415

Pearl of Great Price Study Guide: A companion to your study of the Pearl of Great Price, this Study Guide from the Making Precious Things Plain Series is a rich resource for teachers, students, and gospel scholars alike. In this volume full of supplemental material, Dr. Randal Chase, a veteran Institute and Gospel Doctrine teacher, shares years of insights into the scriptures by exploring scriptural symbolism, background, culture, and chronology, as well as the words and teachings of gospel authorities. This unique study guide of the Pearl of Great Price provides new depth and understanding to the scriptures. Readers will enjoy Dr. Chase's relaxed style and easy presentation as they gather information, clarification, and quotes that can be used for either private study or public speaking. This unique study guide will be a welcome addition to any library, and they will broaden your comprehension of this great treasure of latter-day scripture, which restores many lost treasures from the Bible. From Adam through Enoch and Noah, to Abraham and Moses, we discover hidden treasures of truth about Old Testament events. Then we receive new insight into the Savior's prophecies of the latter-days, followed by the inspiring personal history of the Prophet Joseph Smith and the Articles of Faith.