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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Fundamentalism in American Religion and Law: Obama's Challenge to Patriarchy's Threat to Democracy

ISBN13: 9781107639980
Published: January 2014
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2010)
Price: £29.99
Hardback edition , ISBN13 9780521191227

Despatched in 7 to 9 days.

Why, from Reagan to George Bush, have fundamentalists in religion and in law (originalists) exercised such political power and influence in the United States? Why has the Republican Party forged an ideology of judicial appointments (originalism) hostile to abortion and gay rights? Why and how did Barack Obama distinguish himself among Democratic candidates not only by his opposition to the Iraq war but by his opposition to originalism? This book argues that fundamentalism in both religion and law threatens democratic values and draws its appeal from a patriarchal psychology still alive in our personal and political lives and at threat from the constitutional developments since the 1960s. The argument analyzes this psychology (based on traumatic loss in intimate life) and resistance to it (based on the love of equals). Obama’s resistance to originalism arises from his developmental history as a democratic, as opposed to patriarchal, man who resists the patriarchal demands on men and women that originalism enforces - in particular, the patriarchal love laws that tell people who and how and how much they may love.

Other Jurisdictions , USA
Introduction: defining the problem
1. The progressive recognition of human rights under American constitutional law

Part I. Fundamentalism in Law:
2. The fundamentalism of constitutional originalism
3. The motivations of constitutional fundamentalism

Part II. Fundamentalism in Religion:
4. Fundamentalism in Roman Catholicism
5. Fundamentalism among Protestants
6. Mormon fundamentalism

Part III. Fundamentalism in Law and Religion:
7. Patriarchal roots of constitutional fundamentalism
8. Fundamentalism in religion and law

Conclusion: patriarchy as the American dilemma.