Faith on Trial: Communities of Faith, the First Amendment, and the Theory of Deep Diversity

by David E. Guinn

Overview

American 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 Young—tapping into the idea of 'deep diversity' suggested by Taylor—through 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.

Product Details

ISBN-13:	9780739104347
Publisher:	Lexington Books
Publication date:	10/02/2002
Pages:	238
Product dimensions:	6.32(w) x 9.24(h) x 0.93(d)

About the Author

David E. Guinn is a moral, legal and political philosopher and lawyer. The former Executive Director of the International Human Rights Law Institute, adjunct professor of law, and consultant for the Center for Church/State Studies at DePaul University, he is the author of PROTECTING JERUSALEM'S HOLY SITES: A STRATEGY FOR NEGOTIATING A SACRED PEACE (Cambridge 2006) and editor of HANDBOOK OF BIOETHICS AND RELIGION (Oxford 2006).

Table of Contents

Chapter 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

Editorial Reviews

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

The 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

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.

Law and Politics Book Review

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

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

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

The 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

From the Publisher