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Foreordained Failure
Paperback
€95.70
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- Book Synopsis
- Ever since the Supreme Court began enforcing the First Amendment's religion clauses in the 1940s, courts and scholars have tried to distil the meaning of those clauses into a useable principle of religious freedom. In this highly original work, Smith criticizes the main positions in the debate and explains their misconceptions. He argues that efforts to find a principle of religious freedom in the "original meaning" are fruitless because the clauses were purely jurisdictional in nature: they were meant to place authority over questions of religion with the states, and nothing more. Contending that the perennial quest to distil religious freedom into a "principle," is futile, Smith advocates a fundamental reassessment of the premises upon which courts have proceeded in this area.
- Product Details
-
- ISBN
- 9780195132489
- Format
- Paperback
- Publisher
- Oxford University Press, (17 June 1999)
- Number of Pages
- 192
- Weight
- 290 grams
- Language
- English
- Dimensions
- 229 x 154 x 13 mm
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