Foreordained Failure
The Quest for a Constitutional Principle of Religious Freedom
Seiten
1999
Oxford University Press Inc (Verlag)
978-0-19-513248-9 (ISBN)
Oxford University Press Inc (Verlag)
978-0-19-513248-9 (ISBN)
Ever since the Supreme Court began enforcing the First Amendment's religion clauses in the 1940s, courts and scholars have tried to distil the meaning of those clauses into a usable principle of religious freedom. In this highly original work, intersecting the fields of politics, law, and religion, Smith criticizes the main positions in the debate and explains their misconception.
Ever since the Supreme Court began enforcing the First Amendment's religion clauses in the 1940s, courts and scholars have tried to distil the meaning of those clauses into a usable principle of religious freedom. In this highly original work, Smith criticizes the main positions in the debate and explains their misconceptions. He argues that efforts to find a principle of religious freedom in the "original meaning" are fruitless because the clauses were purely jurisdictional in nature: they were meant to place authority over questions of religion with the states, and nothing more. Contending that the perennial quest to distill religious freedom into a "principle," is futile, Smith advocates a fundamental reassessment of the premises upon which courts have proceeded in this area.
Ever since the Supreme Court began enforcing the First Amendment's religion clauses in the 1940s, courts and scholars have tried to distil the meaning of those clauses into a usable principle of religious freedom. In this highly original work, Smith criticizes the main positions in the debate and explains their misconceptions. He argues that efforts to find a principle of religious freedom in the "original meaning" are fruitless because the clauses were purely jurisdictional in nature: they were meant to place authority over questions of religion with the states, and nothing more. Contending that the perennial quest to distill religious freedom into a "principle," is futile, Smith advocates a fundamental reassessment of the premises upon which courts have proceeded in this area.
Steven D. Smith is Professor of Law at the University of Notre Dame. He has taught and published extensively on legal subjects, including constitutional law and jurisprudence.
| Erscheint lt. Verlag | 1.7.1999 |
|---|---|
| Verlagsort | New York |
| Sprache | englisch |
| Maße | 229 x 154 mm |
| Gewicht | 290 g |
| Themenwelt | Geisteswissenschaften ► Religion / Theologie |
| Recht / Steuern ► Arbeits- / Sozialrecht ► Sozialrecht | |
| Recht / Steuern ► EU / Internationales Recht | |
| Recht / Steuern ► Öffentliches Recht | |
| ISBN-10 | 0-19-513248-3 / 0195132483 |
| ISBN-13 | 978-0-19-513248-9 / 9780195132489 |
| Zustand | Neuware |
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