Regulating Religion : The Courts and the Free Exercise Clause: The Courts and the Free Exercise Clause (Google eBook)

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Oxford University Press, Feb 28, 2001 - Religion - 288 pages
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Jurisprudence regarding the "free exercise of religion" clause of the U.S. Constitution is in a state of confusion. There has been a series of rapid changes in the standard used by the Supreme Court to determine when a statute impermissibly restricts free exercise. The trend is now towards greater acceptance of government claims about the importance of regulation over religious practices. Here, Cookson challenges the wisdom of this judicial drift, and its false dichotomy between anarchy and a system that respects religious freedom. In its place she offers a new, practical approach to resolving free exercise conflicts that could be used in both federal and state courts. Cookson shows the reader how violations of religious freedom affect the community whose values are at stake.
  

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Contents

Introduction
6
The Legal Boundary between the Garden and the Wilderness Legislation or the Free Exercise Clause?
9
The Process of Casuistry
42
Law and Disorderly Religion Typologies of the Relationship between Conscience and the State
51
The Religiously Encumbered Self
102
Societal Boundaries Paranoia and Ill Humor and the Role of the Courts under the Free Exercise Clause
112
A Critique of the Courts Free Exercise Clause Jurisprudence in the US Supreme Court Case of Employment Division v Smith
121
Governmental Intervention in and Punishment for the Use of Spiritual Healing Methods
152
Casuistical Free Exercise Jurisprudence A Summary and Some Conclusions
189
Notes
192
Copyright

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