The American justice system was founded on the idea of "majority-rule," but in a democracy this is achievable only if the majority has the interests of the whole at heart. As a solution, W. Royce Clark formulates a non-majoritarian ethic that would represent not just the interests of white Christian men, but all citizens.
The American justice system was founded on the idea of "majority-rule," but in a democracy this is achievable only if the majority has the interests of the whole at heart. As a solution, W. Royce Clark formulates a non-majoritarian ethic that would represent not just the interests of white Christian men, but all citizens.
Introduction 1.Definitions, Scope, and Tools for the Project 2.Diverse Freedoms Within Unity: Basic Real Problems 3.The History of Christianity in the U.S.: Aspiration and Mythologization, or Desacralization and Freedom of Conscience 4.The History of Religion, Ethics, and Law in the U.S.: From Theocracy to a Constitution 5.The "Free Exercise" Clause: Worship as Beyond Government's Jurisdiction 6.Religious "Free Exercise" to the Religious Freedom Restoration Act of 1993 7.The First Amendment: Who Guarantees "Free Exercise"? 8.Unlimited "Free Exercise": "Any Law is Subject to Challenge"? 9."No Law Respecting the Establishment of Religion" 10.The First Amendment: A Very Selective Reading of History 11."No Law?" The "Evenhandedness" and "Private Choice" Cure-all? 12.Conclusion: The Inclusive Will-to-Live in a Democratic Republic Cited Select Supreme Court Cases Bibliography
Introduction 1.Definitions, Scope, and Tools for the Project 2.Diverse Freedoms Within Unity: Basic Real Problems 3.The History of Christianity in the U.S.: Aspiration and Mythologization, or Desacralization and Freedom of Conscience 4.The History of Religion, Ethics, and Law in the U.S.: From Theocracy to a Constitution 5.The "Free Exercise" Clause: Worship as Beyond Government's Jurisdiction 6.Religious "Free Exercise" to the Religious Freedom Restoration Act of 1993 7.The First Amendment: Who Guarantees "Free Exercise"? 8.Unlimited "Free Exercise": "Any Law is Subject to Challenge"? 9."No Law Respecting the Establishment of Religion" 10.The First Amendment: A Very Selective Reading of History 11."No Law?" The "Evenhandedness" and "Private Choice" Cure-all? 12.Conclusion: The Inclusive Will-to-Live in a Democratic Republic Cited Select Supreme Court Cases Bibliography
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