Ravitch unpacks the various principles of religion clause interpretation, drawing on contemporary debates such as school prayer and displaying the Ten Commandments on courthouses, to demonstrate that the neutrality principle does not work in a pluralistic society. When defined by large, overarching principles of equality and liberty, neutrality fails to account for differences between groups and individuals. If, however, the Court drew on a variety of principles instead of a single notion of neutrality to decide whether or not laws facilitated or discouraged religious practices, the result could be a more equitable approach to religion clause cases.
The Supreme Court and the Religion Clauses
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Ravitch unpacks the various principles of religion clause interpretation, drawing on contemporary debates such as school prayer and displaying the Ten Commandments on courthouses, to demonstrate that the neutrality principle does not work in a pluralistic society. When defined by large, overarching principles of equality and liberty, neutrality fails to account for differences between groups and individuals. If, however, the Court drew on a variety of principles instead of a single notion of neutrality to decide whether or not laws facilitated or discouraged religious practices, the result could be a more equitable approach to religion clause cases.
- ISBN:
- 9780814775851
- 9780814775851
- Category:
- Jurisprudence & philosophy of law
- Format:
- Hardback
- Publication Date:
- 01-04-2007
- Language:
- English
- Publisher:
- New York University Press
- Country of origin:
- United States
- Pages:
- 241
- Dimensions (mm):
- 229x152x21mm
- Weight:
- 0.48kg
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