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Vol 22 No 10 Oct/Nov 2017

Book of the Month

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Lindley & Banks on Partnership

Price: £380.00

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


ISBN13: 9781107016507
Published: July 2015
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £72.00
Paperback edition not yet published, ISBN13 9781108448048



Despatched in 6 to 8 days.

In recent decades, religion's traditional distinctiveness under the First Amendment has been challenged by courts and scholars. As America grows more secular and as religious and nonreligious convictions are increasingly seen as interchangeable, many have questioned whether special treatment is still fair. In its recent decisions, the Supreme Court has made clear that religion will continue to be treated differently, but we lack a persuasive account of religion's uniqueness that can justify this difference. This book aims to develop such an account.

Drawing on founding era thought illumined by theology, philosophy of religion, and comparative religion, it describes what is at stake in our tradition of religious freedom in a way that can be appreciated by the religious and nonreligious alike. From this account, it develops a new framework for religion clause decision making and explains the implications of this framework for current controversies regarding protections for religious conscience.

Subjects:
Ecclesiastical Law, Jurisprudence
Contents:
Introduction
Part I. The Distinctiveness of Religion in American Law:
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.

Series: Cambridge Studies in Law and Christianity

Great Christian Jurists in Spanish History ISBN 9781108428071
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Under Caesar's Sword: How Christians Respond to Persecution ISBN 9781108425308
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The Distinctiveness of Religion in American Law:Rethinking Religious Clause Jurisprudence ISBN 9781108448048
To be published February 2018
Cambridge University Press
£25.99
God and the Secular Legal System ISBN 9781316601273
To be published November 2017
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God and the Illegal Alien: United States Immigration Law and a Theology of Politics ISBN 9781107176621
To be published November 2017
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£85.00
Christianity and Family Law: An Introduction ISBN 9781108401197
To be published October 2017
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£31.99
Christianity and Natural Law: An Introduction (eBook)
Edited by: Norman Doe
ISBN 9781316946893
Published July 2017
Cambridge University Press
£68.00 + £13.60 VAT
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Christianity and Natural Law: An Introduction
Edited by: Norman Doe
ISBN 9781107186446
Published July 2017
Cambridge University Press
£85.00
Great Christian Jurists in English History ISBN 9781107190559
Published June 2017
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£100.00
Great Christian Jurists in English History (eBook) ISBN 9781108135443
Published June 2017
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£80.00 + £16.00 VAT
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Agape, Justice, and Law: How Might Christian Love Shape Law? ISBN 9781107175280
Published April 2017
Cambridge University Press
£85.00
Agape, Justice, and Law: How Might Christian Love Shape Law? (eBook) ISBN 9781316811795
Published April 2017
Cambridge University Press
£68.00 + £13.60 VAT
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Christianity and Freedom: Volume 2: Contemporary Perspectives ISBN 9781107561885
Published December 2016
Cambridge University Press
£29.99
Christianity and Freedom: Volume 1: Historical Perspectives ISBN 9781107561830
Published December 2016
Cambridge University Press
£29.99
God and the Secular Legal System ISBN 9781107147317
Published September 2016
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£69.99
Christianity and Freedom: Volume 1: Historical Perspectives ISBN 9781107124585
Published April 2016
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£79.99
Christianity and Freedom: Volume 2: Contemporary Perspectives ISBN 9781107124721
Published February 2016
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The Western Case for Monogamy Over Polygamy ISBN 9781107101593
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£100.00
The Western Case for Monogamy Over Polygamy ISBN 9781107499171
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