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The Tragedy of Religious Freedom

Author: Marc O. DeGirolami

Publisher: Harvard University Press

Published: 2013-06-10

Total Pages: 362

ISBN-13: 0674074157

When it comes to questions of religion, legal scholars face a predicament. They often expect to resolve dilemmas according to general principles of equality, neutrality, or the separation of church and state. But such abstractions fail to do justice to the untidy welter of values at stake. Offering new views of how to understand and protect religious freedom in a democracy, The Tragedy of Religious Freedom challenges the idea that matters of law and religion should be referred to far-flung theories about the First Amendment. Examining a broad array of contemporary and more established Supreme Court rulings, Marc DeGirolami explains why conflicts implicating religious liberty are so emotionally fraught and deeply contested. Twenty-first-century realities of pluralism have outrun how scholars think about religious freedom, DeGirolami asserts. Scholars have not been candid enough about the tragic nature of the conflicts over religious liberty—the clash of opposing interests and aspirations they entail, and the limits of human reason to resolve intractable differences. The Tragedy of Religious Freedom seeks to turn our attention from abstracted, absolute values to concrete, historical realities. Social history, characterized by the struggles of lawyers engaged in the details of irreducible conflicts, represents the most promising avenue to negotiate legal conflicts over religion. In this volume, DeGirolami offers an approach to understanding religious liberty that is neither rigidly systematic nor ad hoc, but a middle path grounded in a pluralistic and historically informed perspective.

The Possibility of Religious Freedom

Author: Karen Taliaferro

Publisher: Cambridge University Press

Published: 2019-10-17

Total Pages: 181

ISBN-13: 1108423957

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A theory of religious freedom for the modern era that uses natural law from ancient Greek, Jewish, Christian and Islamic sources.

The Tragedy of Human Freedom

Author: Martien E. Brinkman

Publisher: Rodopi

Published: 2003

Total Pages: 196

ISBN-13: 9789042011052

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Human freedom has been the source of both the high points of humanity as well as of its low points, thus giving rise to the impression that it is a somewhat ambivalent concept. According to Martien Brinkman, the major factor in this ambivalence is the rather narrow meaning that the concept has received in the course of history. Freedom is, for the most part, understood as 'freedom from' or 'freedom to' but only rarely as 'freedom for'. However, it is precisely this latter understanding that is closest to the Christian understanding of freedom, which Brinkman defines as 'internal attachment'. In his view Christian freedom is at bottom characterized by that to which one commits oneself in trust. He sees primarily the Christian theology of baptism, with its accent on 'dying' and 'rising' with Christ as the model for the way in which one acquires freedom. Brinkman illustrates this in this study by means of a great number of biblical images and images borrowed from the historical debates between Augustine and Pelagius and Luther and Erasmus.

Their Blood Cries Out

Author: Paul Marshall

Publisher: HarperChristian + ORM

Published: 1997-02-21

Total Pages: 361

ISBN-13: 1418535540

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Today more than 200 million Christians around the world suffer imprisonment, abuse and even death because of their faith. Yet most Americans never hear their stories. In Their Blood Cries Out, Paul Marshall reveals the reality of this present-day persecution, revealing what we can do to help these brothers and sisters in Christ.

How to Be Secular

Author: Jacques Berlinerblau

Publisher: Houghton Mifflin Harcourt

Published: 2012

Total Pages: 341

ISBN-13: 0547473346

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Argues that a return to a more secular America will promote religious diversity and freedom, and help eliminate the widening divide between religious conservatives and staunch atheists.

The Tragedy of Human Freedom

Author: Martien E. Brinkman

Publisher: BRILL

Published: 2021-11-15

Total Pages: 192

ISBN-13: 9004494693

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Human freedom has been the source of both the high points of humanity as well as of its low points, thus giving rise to the impression that it is a somewhat ambivalent concept. According to Martien Brinkman, the major factor in this ambivalence is the rather narrow meaning that the concept has received in the course of history. Freedom is, for the most part, understood as ‘freedom from’ or ‘freedom to’ but only rarely as ‘freedom for’. However, it is precisely this latter understanding that is closest to the Christian understanding of freedom, which Brinkman defines as ‘internal attachment’. In his view Christian freedom is at bottom characterized by that to which one commits oneself in trust. He sees primarily the Christian theology of baptism, with its accent on ‘dying’ and ‘rising’ with Christ as the model for the way in which one acquires freedom. Brinkman illustrates this in this study by means of a great number of biblical images and images borrowed from the historical debates between Augustine and Pelagius and Luther and Erasmus.

The Myth of American Religious Freedom

Author: David Sehat

Publisher: Oxford University Press

Published: 2011-01-14

Total Pages: 368

ISBN-13: 9780199793112

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In the battles over religion and politics in America, both liberals and conservatives often appeal to history. Liberals claim that the Founders separated church and state. But for much of American history, David Sehat writes, Protestant Christianity was intimately intertwined with the state. Yet the past was not the Christian utopia that conservatives imagine either. Instead, a Protestant moral establishment prevailed, using government power to punish free thinkers and religious dissidents. In The Myth of American Religious Freedom, Sehat provides an eye-opening history of religion in public life, overturning our most cherished myths. Originally, the First Amendment applied only to the federal government, which had limited authority. The Protestant moral establishment ruled on the state level. Using moral laws to uphold religious power, religious partisans enforced a moral and religious orthodoxy against Catholics, Jews, Mormons, agnostics, and others. Not until 1940 did the U.S. Supreme Court extend the First Amendment to the states. As the Supreme Court began to dismantle the connections between religion and government, Sehat argues, religious conservatives mobilized to maintain their power and began the culture wars of the last fifty years. To trace the rise and fall of this Protestant establishment, Sehat focuses on a series of dissenters--abolitionist William Lloyd Garrison, suffragist Elizabeth Cady Stanton, socialist Eugene V. Debs, and many others. Shattering myths held by both the left and right, David Sehat forces us to rethink some of our most deeply held beliefs. By showing the bad history used on both sides, he denies partisans a safe refuge with the Founders.

The Impossibility of Religious Freedom

Author: Winnifred Fallers Sullivan

Publisher: Princeton University Press

Published: 2018-04-24

Total Pages: 336

ISBN-13: 1400890330

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The Constitution may guarantee it. But religious freedom in America is, in fact, impossible. So argues this timely and iconoclastic work by law and religion scholar Winnifred Sullivan. Sullivan uses as the backdrop for the book the trial of Warner vs. Boca Raton, a recent case concerning the laws that protect the free exercise of religion in America. The trial, for which the author served as an expert witness, concerned regulations banning certain memorials from a multiconfessional nondenominational cemetery in Boca Raton, Florida. The book portrays the unsuccessful struggle of Catholic, Protestant, and Jewish families in Boca Raton to preserve the practice of placing such religious artifacts as crosses and stars of David on the graves of the city-owned burial ground. Sullivan demonstrates how, during the course of the proceeding, citizens from all walks of life and religious backgrounds were harassed to define just what their religion is. She argues that their plight points up a shocking truth: religion cannot be coherently defined for the purposes of American law, because everyone has different definitions of what religion is. Indeed, while religious freedom as a political idea was arguably once a force for tolerance, it has now become a force for intolerance, she maintains. A clear-eyed look at the laws created to protect religious freedom, this vigorously argued book offers a new take on a right deemed by many to be necessary for a free democratic society. It will have broad appeal not only for religion scholars, but also for anyone interested in law and the Constitution. Featuring a new preface by the author, The Impossibility of Religious Freedom offers a new take on a right deemed by many to be necessary for a free democratic society.

Why Waco?

Author: James D. Tabor

Publisher: Univ of California Press

Published: 2023-11-10

Total Pages: 457

ISBN-13: 0520919181

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The 1993 government assault on the Branch Davidian compound near Waco, Texas, resulted in the deaths of four federal agents and eighty Branch Davidians, including seventeen children. Whether these tragic deaths could have been avoided is still debatable, but what seems clear is that the events in Texas have broad implications for religious freedom in America. James Tabor and Eugene Gallagher's bold examination of the Waco story offers the first balanced account of the siege. They try to understand what really happened in Waco: What brought the Branch Davidians to Mount Carmel? Why did the government attack? How did the media affect events? The authors address the accusations of illegal weapons possession, strange sexual practices, and child abuse that were made against David Koresh and his followers. Without attempting to excuse such actions, they point out that the public has not heard the complete story and that many media reports were distorted. The authors have carefully studied the Davidian movement, analyzing the theology and biblical interpretation that were so central to the group's functioning. They also consider how two decades of intense activity against so-called cults have influenced public perceptions of unorthodox religions. In exploring our fear of unconventional religious groups and how such fear curtails our ability to tolerate religious differences, Why Waco? is an unsettling wake-up call. Using the events at Mount Carmel as a cautionary tale, the authors challenge all Americans, including government officials and media representatives, to closely examine our national commitment to religious freedom.

The Lustre of Our Country

Author: John T. Noonan Jr.

Publisher: Univ of California Press

Published: 1998-06-26

Total Pages: 452

ISBN-13: 9780520925526

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A New York Times Notable Book This remarkable work offers a fresh approach to a freedom that is often taken for granted in the United States, yet is one of the strongest and proudest elements of American culture: religious freedom. In this compellingly written, distinctively personal book, Judge John T. Noonan asserts that freedom of religion, as James Madison conceived it, is an American invention previously unknown to any nation on earth. The Lustre of Our Country demonstrates how the idea of religious liberty is central to the American experience and to American influence around the world. Noonan's original book is a history of the idea of religious liberty and its relationship with the law. He begins with an intellectual autobiography, describing his own religious and legal training. After setting the stage with autobiography, Noonan turns to history, with each chapter written in a new voice. One chapter takes the form of a catechism (questions and answers), presenting the history of the idea of religious freedom in Christianity and the American colonies. Another chapter on James Madison argues that Madison's support of religious freedom was not purely secular but rather the outcome of his own religious beliefs. A fictional sister of Alexis de Toqueville writes, contrary to her brother's work, that the U.S. government is very closely tied to religion. Other chapters offer straightforward considerations of constitutional law. Throughout the book, Noonan shows how the free exercise of religion led to profound changes in American law—he discusses abolition, temperance, and civil rights—and how the legal notion of religious liberty influenced revolutionary France, Japan, and Russia, as well as the Catholic Church during Vatican II. The Lustre of Our Country is a celebration of religious freedom—a personal and profound statement on what the author considers America's greatest moral contribution to the world.