Foreordained Failure (Heftet)

The Quest for a Constitutional Principle of Religious Freedom


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Innbinding: Heftet
Utgivelsesår: 1999
Antall sider: 192
Forlag: Oxford University Press Inc
Språk: Engelsk
ISBN/EAN: 9780195132489
Kategori: Religion, historie og filosofi , Jus og Religion
Omtale: Foreordained Failure
Ever since the Supreme Court began enforcing the First Amendment's religion clauses in the 1940s, courts and scholars have tried to distil the meaning of those clauses into a usable principle of religious freedom. In this highly original work, Smith criticizes the main positions in the debate and explains their misconceptions. He argues that efforts to find a principle of religious freedom in the "original meaning" are fruitless because the clauses were purely jurisdictional in nature: they were meant to place authority over questions of religion with the states, and nothing more. Contending that the perennial quest to distill religious freedom into a "principle," is futile, Smith advocates a fundamental reassessment of the premises upon which courts have proceeded in this area.

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