Do good walls make good neighbors? the sacred and the secular in religion clause jurisprudence

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Do good walls make good neighbors? the sacred and the secular in religion clause jurisprudence

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Title: Do good walls make good neighbors? the sacred and the secular in religion clause jurisprudence
Author: McCormick, William Alvin
Abstract: In deliberating on the application of the Establishment and Free Exercise Clauses of the United States Constitution’s First Amendment, the Supreme Court since 1947 has consistently failed to develop a principled distinction between religion and non-religion. This has hampered its ability to respond to developing challenges in Religion Clauses jurisprudence and to interpret those clauses in a systematic manner. Its recourse to facile characterizations of secularism and pluralism has exacerbated this problem. Attending to incoherence in the Court’s understanding of religion points to a definition of religion based in revelation and grounded not in the language of preference, identity or value, but in natural law and metaphysics.
Department: Government
Subject: Natural law Religion clauses Establishment clause Free exercise clause Secularism Secular
URI: http://hdl.handle.net/2152/ETD-UT-2010-05-1469
Date: 2010-05

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