The Tragedy of Religious Freedom / Marc O. DeGirolami.
DeGirolami, Marc O., author.
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Author DeGirolami, Marc O., author.
Title The Tragedy of Religious Freedom / Marc O. DeGirolami.
Imprint Cambridge, MA : Harvard University Press, [2013]
Copyright ©2013
Description 1 online resource
Formatted Contents Note
Frontmatter
Contents
Introduction
PART I: Religious Liberty and the Comedy of Legal Theory
CHAPTER 1: The Monists
CHAPTER 2: The Skeptics
PART II:Tragedy and History
CHAPTER 3:The Clash of Values of Religious Liberty
CHAPTER 4: The Inadequacy of Skepticism
CHAPTER 5: Loss, Sacrifice, and the Disposition of Custom
CHAPTER 6: The Need for Modest Movement
CHAPTER 7: The Conciliations of History
PART III: The Method of Tragedy and History
CHAPTER 8: The Challenge of Free Exercise
CHAPTER 9: Free Exercise Applications
CHAPTER 10: Establishment Clause Applications
CHAPTER 11: Objections and Replies
Conclusion
Notes
Acknowledgments
Index
Summary 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.
Language Note In English.
System Details Note Mode of access: Internet via World Wide Web.
Source of Description Description based on online resource; title from PDF title page (publisher's Web site, viewed 08. Jul 2019)
Location www
In Title is part of eBook package: E-BOOK GESAMTPAKET / COMPLETE PACKAGE 2013 De Gruyter
Title is part of eBook package: E-BOOK PACKAGE LAW 2013 De Gruyter
Title is part of eBook package: E-BOOK PAKET RECHTSWISSENSCHAFTEN 2013 De Gruyter
Title is part of eBook package: HUP Complete eBook Package 2011-2014 De Gruyter
Title is part of eBook package: HUP eBook Package 2013 De Gruyter
Title is part of eBook package: HUP eBook Package Backlist 2000-2013 De Gruyter
Title is part of eBook package: HUP eBook Package Backlist 2000-2014 De Gruyter
Title is part of eBook package: HUP eBook Package Backlist 2000-2015 De Gruyter
Access Note restricted access (http://purl.org/coar/access_right/c_16ec) online access with authorization
Linked Resources Access provided by Berkeley Law Library
Alternate Title DeGruyter online
Language English
DOI 10.4159/harvard.9780674074118
ISBN 9780674074118
Record Appears in Monographs & Serials
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