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God vs. the Gavel challenges the pervasive assumption that all religious conduct deserves constitutional protection. While religious conduct provides many benefits to society, it is not always benign. The thesis of the book is that anyone who harms another person should be governed by the laws that govern everyone else - and truth be told, religion is capable of great harm. This may not sound like a radical proposition, but it has been under assault since the 1960s. The majority of academics and many religious organizations would construct a fortress around religious conduct that would make it extremely difficult to prosecute child abuse by clergy, medical neglect of children by faith-healers, and other socially unacceptable behaviors. This book intends to change the course of the public debate over religion by bringing to the public's attention the tactics of religious entities to avoid the law and therefore harm others.
Professor Marci Hamilton joins Professor Martin Gardner in this new edition of Children and the Law, which has been comprehensively updated. Hamilton is one of the leading legal academics in the United States on issues involving child sex abuse in many contexts. She brings her expertise to this new edition with cutting-edge materials on the epidemic of child sex abuse in institutions and the family and the legal developments that have followed. This edition continues to focus on the foundation of children's rights in Supreme Court cases, and to be an accessible and readable textbook for undergraduate, law, and graduate students.
We must continue to demand justice and compassion for victims of Catholic clergy abuse. This is not optional. Time and time again in recent years, Catholics and non-Catholics alike have been horrified by hideous stories of wretched abuse and betrayal. However, there is a side of the Catholic Church abuse narrative that is not getting the attention it warrants. Countless priests in the United States have been falsely accused of committing horrendous child abuse. Topics in this book include: ... how the most recent figures indicate that one third of accused priests have been accused falsely; ... the stunning court declaration with the opinion from a retired FBI investigator that "one half" of ...
Legal scholars expect to resolve religious dilemmas according to principles of equality, neutrality, or separation of church and state. But such abstractions fail to do justice to the clashing values in today’s pluralistic society. Marc DeGirolami explains why conflicts implicating religious liberty are so emotionally fraught and deeply contested.
Balancing respect for religious conviction and the values of liberal democracy is a daunting challenge for judges and lawmakers, particularly when religious groups seek exemption from laws that govern others. Should students in public schools be allowed to organize devotional Bible readings and prayers on school property? Does reciting "under God" in the Pledge of Allegiance establish a preferred religion? What does the Constitution have to say about displays of religious symbols and messages on public property? Religion and the Constitution presents a new framework for addressing these and other controversial questions that involve competing demands of fairness, liberty, and constitutional ...
In The Religious Left and Church-State Relations, noted constitutional law scholar Steven Shiffrin argues that the religious left, not the secular left, is best equipped to lead the battle against the religious right on questions of church and state in America today. Explaining that the chosen rhetoric of secular liberals is poorly equipped to argue against religious conservatives, Shiffrin shows that all progressives, religious and secular, must appeal to broader values promoting religious liberty. He demonstrates that the separation of church and state serves to protect religions from political manipulation while tight connections between church and state compromise the integrity of religi...
An accessible and engaging anthology of readings focused specifically on applied ethics issues of sexual morality Sexual Ethics: An Anthology addresses conceptual, ethical, and public policy issues about sex, providing a balanced and non-sectarian discussion of many of today’s most important and controversial moral topics. Covering a broad range of contemporary sexual ethics issues, this easily accessible textbook includes explications and point/counterpoint pieces on the definition of sex and sexual orientation, sexual harassment and rape law, sexual discrimination, age of consent, marriage and adultery, online affairs, gay marriage, polygamy and polyamory, sexual orientation change thera...
The relationship between religion and the law is a hot-button topic in America, with the courts, Congress, journalists, and others engaging in animated debates on what influence, if any, the former should have on the latter. Many of these discussions are dominated by the legal perspective, which views religion as a threat to the law; it is rare to hear how various religions in America view American law, even though most religions have distinct views on law. In Faith and Law, legal scholars from sixteen different religious traditions contend that religious discourse has an important function in the making, practice, and adjudication of American law, not least because our laws rest upon a framework of religious values. The book includes faiths that have traditionally had an impact on American law, as well as new immigrant faiths that are likely to have a growing influence. Each contributor describes how his or her tradition views law and addresses one legal issue from that perspective. Topics include abortion, gay rights, euthanasia, immigrant rights, and blasphemy and free speech.
The Agnostic Age: Law, Religion, and the Constitution is a book for lawyers, law professors, law students, lawmakers, and any citizen who cares about church-state conflict and about the relationship between religion and liberal democracy. It provides a way to understand and balance the conflicts that inevitably arise when neighbors struggle with neighbors, and when liberal democracy tries to reach common ground with religious beliefs and practices. Paul Horwitz argues that the fundamental reason for the church-state conflict is our aversion to questions of religious truth. By trying to avoid the question of religious truth, law and religion has ultimately only reached a state of incoherence....
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