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Wildy’s Book News

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Vol 22 No 5 May/June 2017

Book of the Month

Cover of Arlidge, Eady & Smith on Contempt

Arlidge, Eady & Smith on Contempt

Edited by: Patricia Londono, David Eady, A.T.H. Smith, Rt. Hon Lord Eassie
Price: £319.00

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
God vs the Gavel: The Perils of Extreme Religious Liberty 2nd ed isbn 9781107456556

God vs the Gavel: Religion and the Rule of Law

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ISBN13: 9780521703383
New Edition ISBN: 9781107456556
Published: October 2007
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2005)
Price: Out of print
Hardback edition out of print, ISBN13 9780521853040



Religion and the Rule of Law 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 organisations 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 behaviours. 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.

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Subjects:
Jurisprudence
Contents:
Part I. Why the Law Must Govern Religious Entities:
1. The problem
2. Children
3. Marriage
4. Religious land use and residential neighborhoods
5. Schools
6. The prisons and the military
7. Discrimination

Part II. The History and Doctrine behind the Rule that Subjects Religious Entities to Duly Enacted Laws:
8. Boerne v. Flores: the case that fully restored the rule of law for religious entities
9. The decline of the special treatment of religious entities and the rise of the no-harm rule
10. The path to the public good.