Description
Book SynopsisAmerican Supreme Court jurisprudence in the area of religious freedom has been, for the most part, predicated upon a form of liberal theory commonly known as procedural liberalism. Faith on Trial explains how the Court''s reliance on this theoretical basis hampers its ability to adequately address the reality of religion as a pluralistic social institution. David E. Guinn provides a detailed critique of procedural liberalism by thinkers such as Charles Taylor and Iris Marion Youngtapping into the idea of deep diversity suggested by Taylorthrough the development of a new theoretical model that reconceptualizes Supreme Court jurisprudence. This challenging work demonstrates a practical way to resolve the problems inherent in much existing religious freedom jurisprudence and calls for a reformation of Supreme Court thinking on the First Amendment.
Trade ReviewThe Supreme Court justices should read this book! So should anyone interested in the future of religious freedom in America. As the Terri Schiavo case illustrates, religion is in the public sphere. What is the meaning of separation of church and state? What is the future of religious freedom? In this carefully argued book, Guinn does not shy away from tough questions or cases: school prayer, taxation of religious organizations, conscientious objection, female circumcision are all grist for the mill. Guinn proposes a new look at America’s tradition of religious freedom based on a model of ‘deep diversity.’ Whether your interest is legal theory, political philosophy, or religious traditions, this book is for you. -- Karen Lebacqz, Yale University
The Supreme Court's jurisprudence on religion and the state has often been criticized as intentionally confused, or as inconsistent with the nation's history. But David Guin's adds a crucial intellectual foundation for critiques of the Court. His theory of "deep diversity" cogently explains why neither a secular public square nor a favored religion can serve as the basis for church-state relations in America that is both remarkably devout and pluralistic. And he points the way to better alternatives. -- Thomas C. Berg, University of St. Thomas School of Law, Minnesota
In a creative combination of legal and philosophical analysis, Guinn criticizes the Supreme Court's first amendment decisions and articulates a compelling alternate jurisprudence. -- Clark E. Cochran, Texas Tech
Guinn's theory of deep diversity acknowledges the special place of religion as a culture-bearing, or "mediating" institution between the individual and the state.… His book is part liberal treatise, part cultural anthropology, and part critical analysis of our current First Amendment jurisprudence…. It is a fine effort to extend the implications of Taylor's work into the area of public law. * Journal of Law & Politics *
Table of ContentsChapter 1 Introduction: Part I — A Flawed System of Religious Freedom Chapter 2 Introduction Part II — Religious Freedom and the Theory of Deep Diversity Chapter 3 Religious Freedom in America Chapter 4 The Nature of Religion and Its Implications for Supreme Court Jurisprudence Chapter 5 Recognition, Universalism, Diversity, and Concepts of the Self Chapter 6 The Theory of Deep Diversity Chapter 7 Deep Diversity and Religious Freedom Chapter 8 Deep Diversity and the Establishment Clause Chapter 9 Deep Diversity and the Free Exercise Clause Chapter 10 A Test Case: Female Circumcision/Female Genital Mutilation Chapter 11 Religious Pluralism and Postmodernist America
