Religion and the Constitution, Volume 2: Establishment and Fairness Paperback – Jul 26 2009
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"[S]tudents, law clerks, scholars, and interested citizens seeking a fair-minded dissection of the complexities of any given issue can easily dip into the two volumes and find much of value. In particular, Greenawalt's chapter on 'Establishment Clause Tests and Standards' provides as succinct an introduction to the twists of case law as currently available."--Aziz Huq, New York Law Journal
"The comprehensiveness of Greenawalt's treatment makes for a book that, though more than a conventional treatise, should be valuable for use in the way treatises are employed. This is not the sort of book that many readers will want to sit down and read cover-to-cover. But for a careful, fair-minded analysis of the cases and arguments with respect to virtually any establishment controversy that a judge or scholar may be investigating, one could hardly do better than to consult Greenawalt's treatment. And his relevant chapters ought to be mandatory reading for any student who wants to write a seminar paper or law review comment on a religion clause topic."--Steven D. Smith, Harvard Law Review
"Greenawalt's approach illuminates a range of issues in political theory. It will be especially useful for theorists interested in questions relating to identity, culture, and religion."--Alan Patten, Perspectives on Politics
"Justice: Rights and Wrongs is a major contribution to political and legal theory. A short review cannot give more than a taste of the breadth, rigour and sophistication of the arguments. It is certainly worthy of our respect and deserves to be widely read and debated."--Ian Leigh, Ecclesiastical Law Journal
From the Back Cover
"This is the most important work on the Establishment Clause in the literature and it will remain so for a long time to come. Virtually every chapter breaks new ground."--Steven H. Shiffrin, Cornell University
"This is a superb overview of a broad range of First Amendment issues from a powerful analytic mind with a profound knowledge of the field."--Andrew Koppelman, Northwestern University
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One of the reasons this book will not be widely read is that the subject matter, while interesting, is just so difficult to wrap your head around. The first clues that I had that this would be a tough read was when I opened the book and noticed that the Introduction by the author contained 11 fairly detailed footnotes. Oh-oh.
Admittedly, it's been a long time since I was in law school. But reading this paragraph from the introduction made my head throb as memories of those classes in Constitutional Law came back to me:
Many situations in which multiple values are at stake involve difficult trade-offs that are not resolvable by any higher metric that gives much practical assistance. This truth has implications for the coherence we can expect in normative evaluation. Two people sharing the same theoretical approach may disagree about how to resolve a particular problem, and each may have difficulty explaining the exact weighting of relevant considerations that leads her to prefer the outcome she does. Someone who conceives such nuances of difference in normative appraisal will be modest about the opportunities for our practical reason to produce demonstrably correct conclusions for troublesome issues. Recognizing that the majority opinions of American courts often suffer the further liability of being produced by various compromises, such a person will hesitate to condemn judicial work as incoherent or irrational, a charge frequently leveled against the Supreme Court's church-state jurisprudence.
For those for whom this book is directed, it's thoroughly researched and wonderfully informative. Greenawalt begins by sketching out the history of the Free Exercise Clause in the Constitution, its subsequent development, and a brief history of leading Supreme Court decisions. Along the way, he succinctly explains the difference between "originalists" and "nonoriginalists" judges who must determine the meaning constitutional texts. He then allocates a chapter to each of the main religious controversies often confronting judges in today's courts.
Soon, you too will understand how the law answers many vexing religious questions, such as:
Should the government excuse religious pacifists, all pacifists, or no pacifists from a military draft? Given a general requirement that children stay in school up to the age of sixteen, should officials allow a religious group to withdraw their children at an earlier age, so they may undertake vocational training for their communal life? Should a state that prohibits use of peyote allow members of a church to ingest that drug as the center of their worship services? Should a law that forbids gender discrimination in employment leave untouched religious groups that permit only men to be clergy?
These and many other controversial issues involving religion claims and standard legal duties are examined in this scholarly text. If you practice in this area of the law, this book is invaluable.