Faith on Trial: Communities of Faith, the First Amendment, and the Theory of Deep Diversity

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Lexington Books, Sep 8, 2006 - Law - 238 pages
American Supreme Court jurisprudence in the area of religious freedom has been, for the most part, predicated upon a form of liberal theory commonly known as "procedural liberalism." Faith on Trial explains how the Court's reliance on this theoretical basis hampers its ability to adequately address the reality of religion as a pluralistic social institution. David E. Guinn provides a detailed critique of procedural liberalism by thinkers such as Charles Taylor and Iris Marion Young--tapping into the idea of "deep diversity" suggested by Taylor--through the development of a new theoretical model that reconceptualizes Supreme Court jurisprudence. This challenging work demonstrates a practical way to resolve the problems inherent in much existing religious freedom jurisprudence and calls for a reformation of Supreme Court thinking on the First Amendment.

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Religious Freedom in America
The Nature of Religion and Its Implications for Supreme Court Jurisprudence
Recognition Universalism Diversity and Concepts of the Self
The Theory of Deep Diversity
Deep Diversity and Religious Freedom
Deep Diversity and the Establishment Clause
Deep Diversity and the Free Exercise Clause
A Test Case Female CircumcisionFemale Genital Mutilation
Religious Pluralism and Postmodernist America
Works Cited
Table of Cases
About the Author

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About the author (2006)

David E. Guinn is a moral, legal and political philosopher and lawyer. The former Executive Director of the International Human Rights Law Institute, adjunct professor of law, and consultant for the Center for Church/State Studies at DePaul University, he is the author of PROTECTING JERUSALEM'S HOLY SITES: A STRATEGY FOR NEGOTIATING A SACRED PEACE (Cambridge 2006) and editor of HANDBOOK OF BIOETHICS AND RELIGION (Oxford 2006).

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