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Marci A. Hamilton Listings

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1 God Vs. The Gavel: Religion and the Rule of Law

Marci A. Hamilton

Cambridge University Press, New Delhi, India, 2005, 0-521-85304-4 / 9780521853040, First Paperback Edition, Paperback, New, 
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 organisations 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 behaviours. This book intends to change the course of the public debate over religion by bringing to the publicís attention the tactics of religious entities to avoid the law and therefore harm others. ?Timely and topical in light of recent revelations concerning the clergy ?Eye-opening and in parts, shocking ?An interesting insight into American law and religion Contents Part I. Why the Law Must Govern Religious Entities: 1. The problem; 2. Children; 3. Marriage; 4. Schools; 5. Property rights and taxes; 6. The military and the prisons; 7. Discrimination; Part II. The History and Doctrine Behind the Rule that Subjects Religious Entities to Duly Enacted Laws; 8. Boerne V. Flores: the case that fully restored the rule of law for religious entities; 9. The decline of the special treatment of religious entities and the rise of the no-harm rule; 10. The path to the public good; Acknowledgments; Index. Printed Pages: 408. 014380

Price: 20.50 USD
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