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- Author: Steven D Smith
- Publisher: Oxford University Press, USA
- ISBN-10: 0195132483
- ISBN-13: 9780195132489
- Format: 15.4 x 22.9 x 1.3 cm, minkšti viršeliai
- Language: English
- SAVE -10% with code: EXTRA
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Description
Ever since the Supreme Court began enforcing the First Amendment's religion clauses in the 1940s, courts and scholars have tried to distill the meaning of those clauses into a useable principle of religious freedom. In this highly original work, Smith criticizes the main positions in the debate and explains their misconceptions. He argues that efforts to find a principle of religious freedom in the "original meaning" are fruitless because the clauses were purely jurisdictional in nature: they were meant to place authority over questions of religion with the states, and nothing more. Contending that the perennial quest to distill religious freedom into a "principle," is futile, Smith advocates a fundamental reassessment of the premises upon which courts have proceeded in this area.
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- Author: Steven D Smith
- Publisher: Oxford University Press, USA
- ISBN-10: 0195132483
- ISBN-13: 9780195132489
- Format: 15.4 x 22.9 x 1.3 cm, minkšti viršeliai
- Language: English English
Ever since the Supreme Court began enforcing the First Amendment's religion clauses in the 1940s, courts and scholars have tried to distill the meaning of those clauses into a useable principle of religious freedom. In this highly original work, Smith criticizes the main positions in the debate and explains their misconceptions. He argues that efforts to find a principle of religious freedom in the "original meaning" are fruitless because the clauses were purely jurisdictional in nature: they were meant to place authority over questions of religion with the states, and nothing more. Contending that the perennial quest to distill religious freedom into a "principle," is futile, Smith advocates a fundamental reassessment of the premises upon which courts have proceeded in this area.
Reviews