Matches in Harvard for { <http://id.lib.harvard.edu/aleph/008617623/catalog> ?p ?o. }
Showing items 1 to 28 of
28
with 100 items per page.
- catalog abstract ""Our only choice as a nation, we are told, is either authoritarianism or anarchy. We are told that the "rule of law" is threatened if the "spirit of the law" is considered. But are these truly our only options? One area in which this debate looms large is the court's protection of our religious liberties. The issue should be, "When must a person's constitutional right to the 'free exercise of religion' yield to the requirements of a safe and well-ordered society?" After fifty years of careful scrutiny of laws that interfere with religious practices, however, the current U.S. Supreme Court announced the blanket rule that the good order of society uniformly requires that a general law trump religious obligations. The Court view the interpretive options as a stark polarity: either uniform obedience to the general laws, or utter anarchy." "In this book, Catharine Cookson challenges the wisdom of this judicial drift, and its false dichotomy between anarchy and order. In its place she offers the process of casuistry, a method of reasoning grounded within the legal tradition as well as social ethics. Using this casuistry-based method, Cookson treats free exercise cases as a type of conflict of principles: the principle good of free exercise is in conflict with the principle good espoused in the legislation. To resolve this conflict, both parties must come forward with profs and evidence. The particular context of the conflict is emphasized, with a close examination of the facts of the case, as well as the pragmatic good to be accomplished and the pragmatic evils to be avoided under the statue. Casuistry is not a content-free process, and Cookson delves into the Western Christian tradition for appropriate principles and paradigms to be used in a casuistical free exercise analysis." "Cookson then demonstrates how this method should be applied. Focusing on the specific details of religious practices, she invites the reader (and prosecutors and justices) to see a claimed violation of religious freedom from the perspective of the community whose values are at stake. In particular, she examines the hard case of government intervention in the use of spiritual healing methods by parents of minor children, offering an astute and sympathetic approach to the assessment of the claims of Christian Scientists and others who endorse such practices."--Jacket.".
- catalog contributor b12065735.
- catalog created "2001.".
- catalog date "2001".
- catalog date "2001.".
- catalog dateCopyrighted "2001.".
- catalog description ""In this book, Catharine Cookson challenges the wisdom of this judicial drift, and its false dichotomy between anarchy and order. In its place she offers the process of casuistry, a method of reasoning grounded within the legal tradition as well as social ethics. Using this casuistry-based method, Cookson treats free exercise cases as a type of conflict of principles: the principle good of free exercise is in conflict with the principle good espoused in the legislation. To resolve this conflict, both parties must come forward with profs and evidence. The particular context of the conflict is emphasized, with a close examination of the facts of the case, as well as the pragmatic good to be accomplished and the pragmatic evils to be avoided under the statue.".
- catalog description ""Our only choice as a nation, we are told, is either authoritarianism or anarchy. We are told that the "rule of law" is threatened if the "spirit of the law" is considered. But are these truly our only options? One area in which this debate looms large is the court's protection of our religious liberties. The issue should be, "When must a person's constitutional right to the 'free exercise of religion' yield to the requirements of a safe and well-ordered society?" After fifty years of careful scrutiny of laws that interfere with religious practices, however, the current U.S. Supreme Court announced the blanket rule that the good order of society uniformly requires that a general law trump religious obligations.".
- catalog description "Casuistry is not a content-free process, and Cookson delves into the Western Christian tradition for appropriate principles and paradigms to be used in a casuistical free exercise analysis." "Cookson then demonstrates how this method should be applied. Focusing on the specific details of religious practices, she invites the reader (and prosecutors and justices) to see a claimed violation of religious freedom from the perspective of the community whose values are at stake. In particular, she examines the hard case of government intervention in the use of spiritual healing methods by parents of minor children, offering an astute and sympathetic approach to the assessment of the claims of Christian Scientists and others who endorse such practices."--Jacket.".
- catalog description "Includes bibliographical references (p. 189-265) and index.".
- catalog description "The Court view the interpretive options as a stark polarity: either uniform obedience to the general laws, or utter anarchy."".
- catalog description "The legal boundary between the garden and the wilderness: legislation or the free exercise clause? -- The process of casuistry -- Law and dis-orderly religion: typologies of the relationship between conscience and the state -- The religiously encumbered self -- Societal boundaries, paranoia and ill humor, and the role of the courts under the free exercise clause -- A critique of the court's free exercise clause jurisprudence in the U.S. Supreme Court case of Employment division v. Smith -- Governmental intervention in and punishment for the use of spiritual healing methods -- Casuistical free exercise jurisprudence: a summary and some conclusions.".
- catalog extent "x, 269 p. ;".
- catalog identifier "019512944X (cloth : alk. paper)".
- catalog issued "2001".
- catalog issued "2001.".
- catalog language "eng".
- catalog publisher "Oxford ; New York : Oxford University Press,".
- catalog spatial "United States.".
- catalog subject "342.73/0852 21".
- catalog subject "Casuistry.".
- catalog subject "Church and state United States.".
- catalog subject "Freedom of religion United States.".
- catalog subject "KF4783 .C665 2000".
- catalog subject "Religion and politics United States.".
- catalog tableOfContents "The legal boundary between the garden and the wilderness: legislation or the free exercise clause? -- The process of casuistry -- Law and dis-orderly religion: typologies of the relationship between conscience and the state -- The religiously encumbered self -- Societal boundaries, paranoia and ill humor, and the role of the courts under the free exercise clause -- A critique of the court's free exercise clause jurisprudence in the U.S. Supreme Court case of Employment division v. Smith -- Governmental intervention in and punishment for the use of spiritual healing methods -- Casuistical free exercise jurisprudence: a summary and some conclusions.".
- catalog title "Regulating religion : the courts and the free exercise clause / Catharine Cookson.".
- catalog type "text".