By Marc O. DeGirolami
ISBN-10: 0674072669
ISBN-13: 9780674072664
When it involves questions of faith, felony students face a crisis. they generally anticipate to solve dilemmas in keeping with normal rules of equality, neutrality, or the separation of church and nation. yet such abstractions fail to do justice to the untidy welter of values at stake. providing new perspectives of ways to appreciate and defend spiritual freedom in a democracy, The Tragedy of non secular Freedom demanding situations the concept that concerns of legislations and faith may be stated far-flung theories in regards to the First modification. studying a wide array of up to date and extra validated perfect courtroom rulings, Marc DeGirolami explains why conflicts implicating non secular liberty are so emotionally fraught and deeply contested.
Twenty-first-century realities of pluralism have outrun how students take into consideration spiritual freedom, DeGirolami asserts. students haven't been candid sufficient in regards to the tragic nature of the conflicts over spiritual liberty―the conflict of opposing pursuits and aspirations they entail, and the boundaries of human cause to unravel intractable modifications. The Tragedy of spiritual Freedom seeks to show our recognition from abstracted, absolute values to concrete, historic realities. Social historical past, characterised by means of the struggles of legal professionals engaged within the information of irreducible conflicts, represents the main promising road to barter felony conflicts over faith. during this quantity, DeGirolami deals an method of knowing spiritual liberty that's neither rigidly systematic nor advert hoc, yet a center direction grounded in a pluralistic and traditionally educated perspective.
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Extra info for The Tragedy of Religious Freedom
Sample text
The first variety—“strong skepticism”—includes writers who doubt that there are any values of religious liberty at all, or at least any values that might be protected and enforced constitutionally. ”1 The second variety comprises the “quasi tragedians”—scholars who acknowledge the plurality of values of religious liberty, but who ultimately rely on a small number of values to resolve those disputes and hold out their resolutions as universally optimal. The fundamental reason that skepticism is unpersuasive is that it ignores the reality that the values identified by the comic monists discussed in Chapter 1 (but also numerous others that often do not figure 34 The Skeptics { 35 in the standard accounts) are real, actually valuable, and worthy of constitutional protection.
58 From these broad-brush observations, it appears that contextualism has much in common with a tragic approach. 59 Fairness is the value constant that makes theoretical sense of the contextualist approach.
120 Hamilton places the blame for these and other problems of what she sees as overzealous accommodation in Congress’s reaction to the Smith decision in the form of two statutes: the Religious Freedom Restoration Act (RFRA) and the Religious Land Use and Institutionalized Persons Act (RLUIPA). 124 The value of formal neutrality is a “gut instinct for Americans”125 which is violated by any special religious accommodations. It bears reflection whether the antagonisms that Hamilton identifies were simmering all the while.
The Tragedy of Religious Freedom by Marc O. DeGirolami
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