The Distinctiveness of Religion in American Law: Rethinking Religion Clause Jurisprudence

Awards:   Runner-up for Catholic Press Association Book Awards, Faithful Citizenship/Religious Freedom Category 2016
Author:   Kathleen A. Brady
Publisher:   Cambridge University Press
ISBN:  

9781107016507


Pages:   354
Publication Date:   23 July 2015
Format:   Hardback
Availability:   Manufactured on demand   Availability explained
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The Distinctiveness of Religion in American Law: Rethinking Religion Clause Jurisprudence


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Awards

  • Runner-up for Catholic Press Association Book Awards, Faithful Citizenship/Religious Freedom Category 2016

Overview

Full Product Details

Author:   Kathleen A. Brady
Publisher:   Cambridge University Press
Imprint:   Cambridge University Press
Dimensions:   Width: 15.20cm , Height: 2.10cm , Length: 22.90cm
Weight:   0.640kg
ISBN:  

9781107016507


ISBN 10:   1107016509
Pages:   354
Publication Date:   23 July 2015
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

Table of Contents

Introduction; Part I. The Distinctiveness of Religion: 1. The development and limits of the equality paradigm; 2. The continuing power of the equality paradigm; 3. A unique relationship, a common foundation; 4. A new framework for religion clause jurisprudence; Part II. The Believer and the State: 5. Freedom of conscience today: rethinking free exercise exemptions; 6. Challenges to constructing a right of exemption that is feasible and fair; 7. Meeting the challenge: lessons from the first Congress; 8. New proposals for free exercise exemptions; 9. The role and limits of legislative and administrative accommodation; 10. Examining sincerity and defining religion; Conclusion: secular moral commitments revisited.

Reviews

'Kathleen Brady's book confronts the most controversial and difficult question in the field of religious freedom: What are the grounds for the law to treat religion differently from other human activities, by protecting it from burdens imposed by generally applicable laws? When should such claims be protected, and what about claims of secular conscience that conflict with law? Brady's discussion of these issues and her answers are unfailingly thoughtful and honest - a model of scholarly contribution on a topic where much has been said but fundamental issues remain contested.' Thomas C. Berg, University of St Thomas School of Law, Minnesota 'First Amendment scholars are increasingly preoccupied with the question of whether the law's special treatment of religion is unfair. This book is the best account of how that became a central issue, and offers a bold and original response. Anyone who wants to understand contemporary debates on religious liberty should read it.' Andrew Koppelman, John Paul Stevens Professor of Law, Northwestern University, Illinois 'For more than a decade, many scholars and courts have ignited a controversy by arguing that our longstanding tradition of religious liberty is unjustifiable and that a guarantee of religious equality should be substituted in its place. Kathleen Brady's rigorous, perceptive, and fair-minded analysis is by far the best guide to this debate. In addition, her interdisciplinary defense of religious liberty is important, richly argued, and eloquently presented.' Steven H. Shiffrin, Charles Frank Reavis, Sr, Professor of Law Emeritus, Cornell University Law School 'An important and timely contribution to an important issue that is treated here with refreshing nuance and sophistication and a minimum of polemical over-characterization.' Brett G. Scharffs, Journal of Church and State


'Kathleen Brady's book confronts the most controversial and difficult question in the field of religious freedom: What are the grounds for the law to treat religion differently from other human activities, by protecting it from burdens imposed by generally applicable laws? When should such claims be protected, and what about claims of secular conscience that conflict with law? Brady's discussion of these issues and her answers are unfailingly thoughtful and honest - a model of scholarly contribution on a topic where much has been said but fundamental issues remain contested.' Thomas C. Berg, University of St Thomas School of Law, Minnesota 'First Amendment scholars are increasingly preoccupied with the question of whether the law's special treatment of religion is unfair. This book is the best account of how that became a central issue, and offers a bold and original response. Anyone who wants to understand contemporary debates on religious liberty should read it.' Andrew Koppelman, John Paul Stevens Professor of Law, Northwestern University, Illinois 'For more than a decade, many scholars and courts have ignited a controversy by arguing that our longstanding tradition of religious liberty is unjustifiable and that a guarantee of religious equality should be substituted in its place. Kathleen Brady's rigorous, perceptive, and fair-minded analysis is by far the best guide to this debate. In addition, her interdisciplinary defense of religious liberty is important, richly argued, and eloquently presented.' Steven H. Shiffrin, Charles Frank Reavis, Sr, Professor of Law Emeritus, Cornell University Law School 'An important and timely contribution to an important issue that is treated here with refreshing nuance and sophistication and a minimum of polemical over-characterization.' Brett G. Scharffs, Journal of Church and State 'Kathleen Brady's book confronts the most controversial and difficult question in the field of religious freedom: What are the grounds for the law to treat religion differently from other human activities, by protecting it from burdens imposed by generally applicable laws? When should such claims be protected, and what about claims of secular conscience that conflict with law? Brady's discussion of these issues and her answers are unfailingly thoughtful and honest - a model of scholarly contribution on a topic where much has been said but fundamental issues remain contested.' Thomas C. Berg, University of St Thomas School of Law, Minnesota 'First Amendment scholars are increasingly preoccupied with the question of whether the law's special treatment of religion is unfair. This book is the best account of how that became a central issue, and offers a bold and original response. Anyone who wants to understand contemporary debates on religious liberty should read it.' Andrew Koppelman, John Paul Stevens Professor of Law, Northwestern University, Illinois 'For more than a decade, many scholars and courts have ignited a controversy by arguing that our longstanding tradition of religious liberty is unjustifiable and that a guarantee of religious equality should be substituted in its place. Kathleen Brady's rigorous, perceptive, and fair-minded analysis is by far the best guide to this debate. In addition, her interdisciplinary defense of religious liberty is important, richly argued, and eloquently presented.' Steven H. Shiffrin, Charles Frank Reavis, Sr, Professor of Law Emeritus, Cornell University Law School 'An important and timely contribution to an important issue that is treated here with refreshing nuance and sophistication and a minimum of polemical over-characterization.' Brett G. Scharffs, Journal of Church and State


'Kathleen Brady's book confronts the most controversial and difficult question in the field of religious freedom: What are the grounds for the law to treat religion differently from other human activities, by protecting it from burdens imposed by generally applicable laws? When should such claims be protected, and what about claims of secular conscience that conflict with law? Brady's discussion of these issues and her answers are unfailingly thoughtful and honest - a model of scholarly contribution on a topic where much has been said but fundamental issues remain contested.' Thomas C. Berg, University of St Thomas School of Law, Minnesota 'First Amendment scholars are increasingly preoccupied with the question of whether the law's special treatment of religion is unfair. This book is the best account of how that became a central issue, and offers a bold and original response. Anyone who wants to understand contemporary debates on religious liberty should read it.' Andrew Koppelman, John Paul Stevens Professor of Law, Northwestern University, Illinois 'For more than a decade, many scholars and courts have ignited a controversy by arguing that our longstanding tradition of religious liberty is unjustifiable and that a guarantee of religious equality should be substituted in its place. Kathleen Brady's rigorous, perceptive, and fair-minded analysis is by far the best guide to this debate. In addition, her interdisciplinary defense of religious liberty is important, richly argued, and eloquently presented.' Steven H. Shiffrin, Charles Frank Reavis, Sr, Professor of Law Emeritus, Cornell University Law School


Author Information

Kathleen A. Brady is a Senior Fellow at the Center for the Study of Law and Religion at Emory University, Atlanta. Her scholarship focuses on the intersection of law and religion, including the First Amendment religion clauses, religion in public life, law and theology, and Catholic social thought.

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