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Vol 24 No 7 July/August 2019

Book of the Month

Cover of The Law and Practice of International Finance: Set of 9 Volumes

The Law and Practice of International Finance: Set of 9 Volumes

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


ISBN13: 9781108448048
Published: February 2018
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2015)
Price: £25.99
Hardback edition , ISBN13 9781107016507



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The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

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

The Possibility of Religious Freedom: Early Natural Law and the Abrahamic Faiths ISBN 9781108423953
To be published October 2019
Cambridge University Press
£85.00
The Profession of Ecclesiastical Lawyers: An Historical Introduction (eBook) ISBN 9781108585729
Published July 2019
Cambridge University Press
£68.00 + £13.60 VAT
(ePub)
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The Profession of Ecclesiastical Lawyers: An Historical Introduction ISBN 9781108499064
Published July 2019
Cambridge University Press
£85.00
Great Christian Jurists in American History (eBook) ISBN 9781108602136
Published July 2019
Cambridge University Press
£80.00 + £16.00 VAT
(ePub)
Buy
Great Christian Jurists in American History ISBN 9781108475358
Published July 2019
Cambridge University Press
£99.99
Great Christian Jurists and Legal Collections in the First Millennium (eBook) ISBN 9781108590624
Published June 2019
Cambridge University Press
£80.00 + £16.00 VAT
(ePub)
Buy
Great Christian Jurists and Legal Collections in the First Millennium ISBN 9781108471718
Published June 2019
Cambridge University Press
£99.99
Care for the World: Laudato Si' and Catholic Social Thought in an Era of Climate Crisis ISBN 9781316510469
Published June 2019
Cambridge University Press
£80.00
£64.00 + £12.80 VAT
(ePub)
Buy
Church, State, and Family: Reconciling Traditional Teachings and Modern Liberties (eBook) ISBN 9781316884904
Published April 2019
Cambridge University Press
Publication Abandoned
Church, State, and Family: Reconciling Traditional Teachings and Modern Liberties ISBN 9781107184756
Published April 2019
Cambridge University Press
Publication Abandoned
Common Law and Natural Law in America: From the Puritans to the Legal Realists (eBook) ISBN 9781108759205
Published April 2019
Cambridge University Press
£68.00 + £13.60 VAT
(ePub)
Buy
Common Law and Natural Law in America: From the Puritans to the Legal Realists ISBN 9781108476973
Published April 2019
Cambridge University Press
£85.00
Church Law in Modernity: Toward a Theory of Canon Law Between Nature and Culture (eBook) ISBN 9781108631877
Published March 2019
Cambridge University Press
£68.00 + £13.60 VAT
(ePub)
Buy
Church Law in Modernity: Toward a Theory of Canon Law Between Nature and Culture ISBN 9781108483254
Published March 2019
Cambridge University Press
£85.00
Great Christian Jurists in English History ISBN 9781316638019
Published January 2019
Cambridge University Press
£25.99
Agape, Justice, and Law: How Might Christian Love Shape Law? ISBN 9781316626900
Published December 2018
Cambridge University Press
£25.99
£17.99
Great Christian Jurists in Spanish History ISBN 9781108428071
Published May 2018
Cambridge University Press
£84.99
Great Christian Jurists in Spanish History (eBook) ISBN 9781108687768
Published May 2018
Cambridge University Press
£22.00 + £4.40 VAT
(ePub)
Buy
Under Caesar's Sword: How Christians Respond to Persecution ISBN 9781108425308
Published March 2018
Cambridge University Press
£110.00
God and the Illegal Alien: United States Immigration Law and a Theology of Politics ISBN 9781107176621
Published December 2017
Cambridge University Press
£88.99
God and the Secular Legal System ISBN 9781316601273
Published November 2017
Cambridge University Press
£20.99
Christianity and Family Law: An Introduction ISBN 9781108401197
Published October 2017
Cambridge University Press
£32.99
Christianity and Natural Law: An Introduction (eBook)
Edited by: Norman Doe
ISBN 9781316946893
Published July 2017
Cambridge University Press
£71.00 + £14.20 VAT
(ePub)
Buy
Christianity and Natural Law: An Introduction
Edited by: Norman Doe
ISBN 9781107186446
Published July 2017
Cambridge University Press
£88.99
Great Christian Jurists in English History ISBN 9781107190559
Published June 2017
Cambridge University Press
£105.00
Great Christian Jurists in English History (eBook) ISBN 9781108135443
Published June 2017
Cambridge University Press
£21.00 + £4.20 VAT
(ePub)
Buy
Agape, Justice, and Law: How Might Christian Love Shape Law? ISBN 9781107175280
Published April 2017
Cambridge University Press
£88.99
Agape, Justice, and Law: How Might Christian Love Shape Law? (eBook) ISBN 9781316811795
Published April 2017
Cambridge University Press
£21.00 + £4.20 VAT
(ePub)
Buy
Christianity and Freedom: Volume 2: Contemporary Perspectives ISBN 9781107561885
Published December 2016
Cambridge University Press
£31.99
Christianity and Freedom: Volume 1: Historical Perspectives ISBN 9781107561830
Published December 2016
Cambridge University Press
£31.99
God and the Secular Legal System ISBN 9781107147317
Published September 2016
Cambridge University Press
£76.99
Christianity and Freedom: Volume 1: Historical Perspectives ISBN 9781107124585
Published April 2016
Cambridge University Press
£87.99
Christianity and Freedom: Volume 2: Contemporary Perspectives ISBN 9781107124721
Published February 2016
Cambridge University Press
£132.00
The Western Case for Monogamy Over Polygamy ISBN 9781107101593
Published July 2015
Cambridge University Press
£100.00
£79.99
The Western Case for Monogamy Over Polygamy ISBN 9781107499171
Published April 2015
Cambridge University Press
£38.99
£72.99