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Ladataan... God vs. the Gavel: Religion and the Rule of LawTekijä: Marci A. Hamilton
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God vs. the Gavel challenges the pervasive assumption that all religious conduct deserves constitutional protection. While religious conduct provides many benefits to society, it is not always benign. The thesis of the book is that anyone who harms another person should be governed by the laws that govern everyone else - and truth be told, religion is capable of great harm. This may not sound like a radical proposition, but it has been under assault since the 1960s. The majority of academics and many religious organizations would construct a fortress around religious conduct that would make it extremely difficult to prosecute child abuse by clergy, medical neglect of children by faith-healers, and other socially unacceptable behaviors. This book intends to change the course of the public debate over religion by bringing to the public's attention the tactics of religious entities to avoid the law and therefore harm others. Kirjastojen kuvailuja ei löytynyt. |
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Google Books — Ladataan... LajityypitMelvil Decimal System (DDC)342.7308Social sciences Law Constitutional and administrative law North America Constitutional law--United States Jurisdiction over personsKongressin kirjaston luokitusArvio (tähdet)Keskiarvo:
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Hamilton's bottom line is straightforward: the "no harm" rule. Simplistically stated, under that rule the law should accommodate religious conduct as long as that conduct does not cause harm to others. I largely agree but find difficulty with her belief that it is solely a legislative function to determine the extent to which the law should accommodate religion because it has the best tools by which to determine "the public good."
I think the rise of the religious right and what we've seen in Congress and state legislatures throughout the country helps undercut her contention. All too often, legislative bodies aren't willing to take the heat or withstand pressure from mainstream religions in defining the "public good." Moreover, if and when courts step in, they are too often condemned as being populated with "activist judges." Yet, sadly, Hamilton is probably right that of all branches of government, the legislative is probably the most equipped to deal with these issues.
Hamilton's analysis of and desire to apply the "no harm" rule is an excellent one. The question will always be whether legislative bodies do, in fact, consider the public good in making those decisions or whether they opt for religious and/or political expediency. Until then, the gavel is one of the few places minority religions or non-religionists can seek refuge from large religions imposing the will of god as they see it.
Originally posted at http://prairieprogressive.com/?p=456