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Presenting perceptive essays on various aspects of religious liberty, the contributors to this volume provide an overview of the history and the issues surrounding religion in America.
All Americans, liberal or conservative, religious or not, can agree that religious freedom, anchored in conscience rights, is foundational to the U.S. democratic experiment. But what freedom of conscience means, what its scope and limits are, according to the Constitution—these are matters for heated debate. At a moment when such questions loom ever larger in the nation’s contentious politics and fraught policy-making process, this timely book offers invaluable historical, empirical, philosophical, and analytical insight into the American constitutional heritage of religious liberty. As the contributors to this interdisciplinary volume attest, understanding religious freedom demands taking multiple perspectives. The historians guide us through the legacy of religious freedom, from the nation’s founding and the rise of public education, through the waves of immigration that added successive layers of diversity to American society. The social scientists discuss the swift, striking effects of judicial decision making and the battles over free exercise in a complex, bureaucratic society. Advocates remind us of the tensions abiding in schools and other familiar institutions, and of the major role minorities play in shaping free exercise under our constitutional regime. And the jurists emphasize that this is a messy area of constitutional law. Their work brings out the conflicts inherent in interpreting the First Amendment—tensions between free exercise and disestablishment, between the legislative and judicial branches of government, and along the complex and ever-shifting boundaries of religion, state, and society. What emerges most clearly from these essays is how central religious liberty is to America’s civic fabric—and how, under increasing pressure from both religious and secular forces, this First Amendment freedom demands our full attention and understanding.
The settlers of New Netherland were obligated to uphold religious toleration as a legal right by the Dutch Republic's founding document, the 1579 Union of Utrecht, which stated that "everyone shall remain free in religion and that no one may be persecuted or investigated because of religion." For early American historians this statement, unique in the world at its time, lies at the root of American pluralism. New Netherland and the Dutch Origins of American Religious Liberty offers a new reading of the way tolerance operated in colonial America. Using sources in several languages and looking at laws and ideas as well as their enforcement and resistance, Evan Haefeli shows that, although tolerance as a general principle was respected in the colony, there was a pronounced struggle against it in practice. Crucial to the fate of New Netherland were the changing religious and political dynamics within the English empire. In the end, Haefeli argues, the most crucial factor in laying the groundwork for religious tolerance in colonial America was less what the Dutch did than their loss of the region to the English at a moment when the English were unusually open to religious tolerance. This legacy, often overlooked, turns out to be critical to the history of American religious diversity. By setting Dutch America within its broader imperial context, New Netherland and the Dutch Origins of American Religious Liberty offers a comprehensive and nuanced history of a conflict integral to the histories of the Dutch republic, early America, and religious tolerance.
From the Publisher: In recent years a series of highly publicized controversies has focused attention on what are arguably the sixteen most important words in the U.S. Constitution: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." The ongoing court battles over the inclusion of the words "under God" in the Pledge of Allegiance, the now annual cultural quarrel over "Merry Christmas" vs. "Happy Holidays," and the political promotion of "faith-based initiatives" to address social problems-all reflect competing views of the meaning of the religious liberty clauses of the First Amendment. Such disputes, as Bruce T. Murray shows, are nothing new. For more than two hundred years Americans have disagreed about the proper role of religion in public life and where to draw the line between church and state. In this book, he reexamines these debates and distills the volumes of commentary and case law they have generated. He analyzes not only the changing contours of religious freedom but also the phenomenon of American civil religion, grounded in the notion that the nation's purpose is sanctified by a higher authority-an idea that can be traced back to the earliest New England colonists and remains deeply ingrained in the American psyche. Throughout the book, Murray connects past and present, tracing the historical roots of contemporary controversies. He considers why it is that a country founded on the separation of church and state remains singularly religious among nations, and concludes by showing how the Supreme Court's thinking about the religious liberty clauses has evolved since the late eighteenth century.
The metaphor of a “wall of separation” between church and state obscures the substantial connection that exists between the Christian religion and American liberalism. The central thesis of this work challenges the legitimacy of this metaphor as it appears in Supreme Court decisions and in the thought of the philosopher John Rawls. The Religious Origins of American Freedom and Equality provides a provocative interpretation of the nature of Christian and liberal principles, suggesting that the principles of individual freedom and equality were forged even within the conservative elements of Calvinism and Puritanism. Recognition of this substantial intellectual connection has the potential to help reshape our conception of the separation of church and state by tempering the opposition between religious and political concepts and values. The purpose of The Religious Origins of American Freedom and Equality then, is to contribute to an understanding of public reason that is more open to the contributions of religious perspectives. The work attempts to show how religious doctrines, currently obscured by historical context and hermeneutical dogmatism, have nonetheless played a formative role in the evolution of the freedom and equality that is foundational to contemporary liberalism. Understanding the genesis of the concepts of freedom and equality tempers the conceptual opposition between church and state and allows a clearer more inclusive interpretation of the nature of their separation. The originality of the work is fourfold: (1) the challenge its central thesis poses to dominant constructions of public reason, freedom, and equality; (2) the interdisciplinary method through which it brings the findings of a variety of disciplines to bear on a central issues in political philosophy; (3) the challenge it brings to the analytic and pragmatic approach of contemporary liberalism through its assertion of the importance of historical context to contemporary ideas; and (4) the degree to which it engages theology in its relation to contemporary questions.
The focus of this volume is on the historical and geographical elements of law and religion. The first part delineates and analyzes the relation between church and state from the Gregorian Revolution to the human rights era and gives a sense of the evolution of the church and state relationship, whilst the second part explores law and religion issues around the world. The volume redresses the tendency towards a western-centric approach in the discipline by including essays from regional experts which present local approaches to law and religion in Asia, Africa, and South America. The collection is unique in that it brings together wide-ranging case studies and out-of-print papers and is an important resource for established and new scholars in the field.
In the battles over religion and politics in America, both liberals and conservatives often appeal to history. Liberals claim that the Founders separated church and state. But for much of American history, David Sehat writes, Protestant Christianity was intimately intertwined with the state. Yet the past was not the Christian utopia that conservatives imagine either. Instead, a Protestant moral establishment prevailed, using government power to punish free thinkers and religious dissidents. In The Myth of American Religious Freedom, Sehat provides an eye-opening history of religion in public life, overturning our most cherished myths. Originally, the First Amendment applied only to the federal government, which had limited authority. The Protestant moral establishment ruled on the state level. Using moral laws to uphold religious power, religious partisans enforced a moral and religious orthodoxy against Catholics, Jews, Mormons, agnostics, and others. Not until 1940 did the U.S. Supreme Court extend the First Amendment to the states. As the Supreme Court began to dismantle the connections between religion and government, Sehat argues, religious conservatives mobilized to maintain their power and began the culture wars of the last fifty years. To trace the rise and fall of this Protestant establishment, Sehat focuses on a series of dissenters--abolitionist William Lloyd Garrison, suffragist Elizabeth Cady Stanton, socialist Eugene V. Debs, and many others. Shattering myths held by both the left and right, David Sehat forces us to rethink some of our most deeply held beliefs. By showing the bad history used on both sides, he denies partisans a safe refuge with the Founders.
Whatever be the definition of 'indigenous' vis-a-vis 'indigeneity', and however concensual it might be, both these terms have been inferred, applied and questioned in multifarious ways. The concept indigeneity in Asia has transformed considerably, over a period of time. With the rise in the indigeneity movement and large-scale migration, citizenship within national borders is challenged, and the borders in question are also contested. This book chronicles the discernible strains on the questions of indegeneity, citizenship, identity, and border making in the Northeast India. The issues pertaining to indigeneity, citizenship, and state, are also a reminder of the residues of colonial doings that have had a colossal impact till this day. Through empirical evidence backed by theoretical underpinnings, each essay in the book demonstrates the diversity of approaches that can be used to interrogate the debate on indegeneity, citizenship, the state, and opens the conversation on Northeast India. This book is co-published with Aakar Books. Print edition not for sale in South Asia (India, Sri Lanka, Nepal, Bangladesh, Pakistan and Bhutan)