Religious Freedom History, Cases, and Other Materials on the Interaction of Religion and Government

ISBN-10: 1599412438

ISBN-13: 9781599412436

Edition: 2nd 2011 (Revised)

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Description:

Noonan's 1985 casebook situated the text of the First Amendment Religion Clause firmly within its larger historical context. In the eighteenth century American rebellion against monarchy, free exercise of religion was a rallying cry as familiar and as central as no taxation without representation. No coerced support of a distant crown nor an established church. Noonan and Gaffney enable students to read the Court's cases with the insight that the two provisions on religion in the First Amendment are not in conflict with one another, but are equally important ways of saying the same thing. In the second edition, which Foundation Press published under the title Religious Freedom: History, Cases, and Other Materials on the Interaction of Religion and Government in 2001, the principal changes were insertions of new cases decided by the Supreme Court into PART THREE of the book. Gaffney's Third Edition now includes biblical texts that form the predicate for themes explored later in the book. The most significant change is material about emperor worship that is directly relevant to the experience of sporadic persecution described in Chapter Two and to the core religious value of refusal to worship the State that recurs throughout all of the other chapters of this volume. Chapter Two fills in the prior gap between the New Testament (end of the first century of the common era) and St. Augustine (beginning of fifth century CE). In Chapter Three there is more contextualization of St. Augustine's approval of mild coercion of the Donatist heretics in North Africa by Roman imperial officials, and a new treatment of Augustine's strong rejection of efforts to convert Jews to Christianity or to coerce them in matters of faith, and of Augustine's masterpiece, The City of God, which describes not the relationship between church and state, but between two cities?earthly and of God. Chapter Four begins with a new unit on the emergence of the papacy in the eleventh and twelfth centuries and explores the methodological contributions of the theologian Peter Abelard and the canonist Gratian. It adds material to the discussion of political issues by Thomas of Aquinas. Chapter Five now includes the trial of Joan of Arc in 1450 on charges of witchcraft and heresy. The classic Reformers Martin Luther and John Calvin now appear as major players in the drama of the unfolding search for religious freedom covered in Chapter Six, and their contributions to the interaction of law and religion are explored with the attention they deserve. This chapter now concludes with an account of the Radical Reformation: the Anabaptists sometimes called Mennonites. Chapter Nine now includes a sense of how the regime of toleration played out in colonial America. Chapter Ten now includes the provisions on religion in the earliest State Constitutions adopted shortly after the Declaration of Independence. Underscoring Judge Noonan's decision in his first edition to identify litigants and their advocates, Westlaw citations to briefs and oral arguments for many of the cases in Part Three have been added to this edition.
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Book details

List price: $205.00
Edition: 2nd
Copyright year: 2011
Publisher: West Academic
Publication date: 4/6/2010
Binding: Hardcover
Pages: 1552
Size: 7.50" wide x 10.00" long x 2.25" tall
Weight: 5.390
Language: English

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