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Vol 24 No 12 Dec 19/Jan 20

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The Cambridge Companion to the First Amendment and Religious Liberty

Edited by: Michael D. Breidenbach, Owen Anderson

ISBN13: 9781108405294
Published: January 2020
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £31.99



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This book is an interdisciplinary guide to the religion clauses of the First Amendment with a focus on its philosophical foundations, historical developments, and legal and political implications. The volume begins with fundamental questions about God, the nature of belief and worship, conscience, freedom, and their intersections with law. It then traces the history of religious liberty and church-state relations in America through a diverse set of religious and non-religious voices from the seventeenth century to the most recent Supreme Court decisions. The Companion will conclude by addressing legal and political questions concerning the First Amendment and the court cases and controversies surrounding religious liberty today, including the separation of church and state, corporate religious liberty, and constitutional interpretation.

This scholarly yet accessible book will introduce students and scholars alike to the main issues concerning the First Amendment and religious liberty, along with offering incisive new insights into one of the most important topics in American culture.

  • Provides an interdisciplinary approach to the First Amendment
  • Offers the most up-to-date accounts of Supreme Court cases on the free exercise and establishment clauses of the First Amendment
  • Features emerging scholars that challenge previous interpretations of the First Amendment, religious liberty, and church-state relations
  • Gives practical considerations for First Amendment jurisprudence today from scholars who have been in the field

Subjects:
Other Jurisdictions , USA
Contents:
Introduction: assessing the First Amendment and religious liberty in America - Michael D. Breidenbach and Owen Anderson
Part I. Philosophical Foundations:
1. The First Amendment and natural religion - Owen Anderson
2. The philosophical meaning of religious exercise - Janice Tzuling Chik
3. The special status of the right to religious liberty - John Finnis
Part II. Historical Interpretations:
4. Religious exercise and establishment in early America - Glenn A. Moots
5. The historical context of the religion clauses of the First Amendment - Chris Beneke
6. Religious tests, loyalty oaths, and the ecclesiastical context to the First Amendment - Michael D. Breidenbach
7. Church and state in the nineteenth century - Jonathan Den Hartog
8. The First Amendment religion clauses in the United States Supreme Court - Zoë Robinson
Part III. Law, Politics, and Economics:
9. Religious and secular presuppositions in First Amendment interpretations - Paul E. Kerry
10. Two concepts of religious liberty: the natural rights and moral autonomy approaches to the free exercise of religion - Vincent Phillip Muñoz
11. The economic origins of religious liberty - Anthony Gill
12. Corporate religious liberty and the culture wars - Steven D. Smith
13. Which original meaning of the establishment clause is the right one? - Donald L. Drakeman
14. The two separations - Marc O. DeGirolami
15. The challenge ahead: reconnecting religion, reason, and truth - Gerard V. Bradley
Index

Series: Cambridge Companions to Law

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