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The Rhetoric of Church and State : A Critical Analysis of Religion Clause Jurisprudence
Frederick Mark Gedicks
184 pages (
1995)
Cloth - $79.95 | 0-8223-1654-4 |
| [ISBN13 978-0-8223-1654-1] |
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Paperback - $22.95 | 0-8223-1666-8 |
| [ISBN13 978-0-8223-1666-4] |
During the middle of the twentieth century, the religiously informed communitarianism that had guided the Supreme Court’s decisions regarding the relationship between church and state was partially displaced by a new secular individualist discourse. In The Rhetoric of Church and State, Frederick Mark Gedicks argues that this partial and incomplete shift is the key to understanding why the Court has failed—and continues today to fail—to provide a coherent doctrine on church/state separation. Gedicks suggests that the Supreme Court’s inconsistent decisions mirror a divergence in American society between an increasingly secular public culture and the primarily devout private lives of the majority of Americans. He notes that while the Court is committed to principles of secular individualism, it has repeatedly endorsed government actions that violate those principles—actions that would be far more justifiable under the discourse of religious communitarianism. The impossibility of reconciling the two discourses leaves the Court no choice but to efface—often implausibly—the religious nature of practices it deems permissible. Gedicks concludes that the road to a coherent religion clause doctrine lies neither in a return to religious communitarianism nor in its complete displacement by secular individualism, but in a yet-to-be-identified discourse that would attract popular support while protecting a meaningful measure of religious freedom.
"Gedicks provides us with a full account of what are the most important issues in the religion clause debate and a fair and comprehensive overview of the Supreme Court jurisprudence. This is an excellent work."—William P. Marshall, Case Western Reserve University School of Law
" Frederick Gedicks is a highly regarded authority on the jurisprudence of the Constitution’s religion clauses. In this book he offers a cleanly-executed, helpful, and telling analysis of the Supreme Court’s tangled web of religion cases. A wide circle of readers will welcome his achievement."—Milner S. Ball, University of Georgia School of Law
Frederick Mark Gedicks is Professor of Law at Brigham Young University. He is coauthor with Roger Hendrix of Choosing the Dream: The Future of Religion in American Public Life.
Contents Preface Introduction: The Religion Clause Jurisprudence of the Supreme Court: A Failure of Doctrine and Politics Chapter 1. Two Discourses of Church and State Chapter 2. Neutrality as Hostility: The Privatization of Religion Chapter 3. Neutrality as Manipulation: Parochial School Aid and Equal Access Chapter 4. The Religious as Secular: Government Appropriation of Religion Chapter 5. The Religious as Afterthought: Financial Aid and Tax Exemptions for Religion Chapter 6. The Religious as Irrelevant: Free Exercise Exemptions Conclusion: Death of a Discourse? Notes Index
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Related subjects:
Legal Studies
Religious Studies
Shaky Colonialism : The 1746 Earthquake-Tsunami in Lima, Peru, and Its Long Aftermath
Charles F. Walker
280 pages (April
2008)
16 illustrations, 4 tables, 4 maps
Cloth - $84.95 | 0-8223-4172-7 |
| [ISBN13 978-0-8223-4172-7] |
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Paperback - $23.95 | 0-8223-4189-1 |
| [ISBN13 978-0-8223-4189-5] |
Contemporary natural disasters such as Hurricane Katrina are quickly followed by disagreements about whether and how communities should be rebuilt, whether political leaders represent the community’s best interests, and whether the devastation could have been prevented. Shaky Colonialism demonstrates that many of the same issues animated the aftermath of disasters more than 250 years ago. On October 28, 1746, a massive earthquake ravaged Lima, a bustling city of 50,000, capital of the Peruvian Viceroyalty, and the heart of Spain’s territories in South America. Half an hour later, a tsunami destroyed the nearby port of Callao. The earthquake-tsunami demolished churches and major buildings, damaged food and water supplies, and suspended normal social codes, throwing people of different social classes together and prompting widespread chaos. In Shaky Colonialism, Charles F. Walker examines reactions to the catastrophe, the Viceroy’s plans to rebuild the city, and the opposition he encountered from the Church, the Spanish Crown, and Lima’s multiracial population.
Through his ambitious rebuilding plan, the Viceroy sought to assert the power of the colonial state over the Church, the upper classes, and other groups. Agreeing with most inhabitants of the fervently Catholic city that the earthquake-tsunami was a manifestation of God’s wrath for Lima’s decadent ways, he hoped to reign in the city’s baroque excesses and to tame the city’s notoriously independent women. To his great surprise, almost everyone objected to his plan, sparking widespread debate about political power and urbanism. Illuminating the shaky foundations of Spanish control in Lima, Walker describes the latent conflicts—about class, race, gender, religion, and the very definition of an ordered society—brought to the fore by the earthquake-tsunami of 1746.
“As Charles F. Walker shows in this fascinating book, the great earthquake that destroyed Lima in 1746 ruptured along social as well as geological fault lines, exposing profound contradictions between baroque piety, Bourbon Reform, and indigenous identity. Moreover, the extraordinary social aftershocks, ranging from revelation to rebellion, further fragmented Limeño society, leaving fissures that are still visible in the modern megalopolis.”—Mike Davis, author of Planet of Slums
“Charles F. Walker explores the fault lines of colonial society through a painstaking archival study of the controversies that followed the 1746 earthquake-tsunami that nearly wiped out Lima. The analysis of the city’s reconstruction is masterful and multifaceted; it gives a vivid sense of popular and elite understandings of race, gender, religion, and urban space. The book is also an imaginative analysis of how the baroque composite monarchy that was the Spanish empire worked: the absolutist policies of the Enlightenment and the Bourbon Reforms consistently gave way to resistance and negotiation. Shaky Colonialism breaks new ground.”—Jorge Cañizares-Esguerra, author of Puritan Conquistadors: Iberianizing the Atlantic, 1550–1700
“Shaky Colonialism is a superior work of scholarship. Charles F. Walker uses a dramatic incident and its aftermath to present a very intelligent analysis of baroque colonialism and its halting transformation into the Enlightenment-inspired absolutism of the Bourbons. He balances human drama and color to pull the reader into a very serious analysis of colonial society.”—Peter Guardino, author of The Time of Liberty: Popular Political Culture in Oaxaca, 1750–1850
“The devastating Lima earthquake of 1746 set off huge social and political shock waves in all directions. Charles F. Walker’s beautifully written analysis of ‘great balls of fire’ and wandering nuns, enlightened reformers, and real and imaginary rebels shows a colonial city deeply at odds with itself—well before the notorious crises of the late eighteenth century.”—Kathryn Burns, author of Colonial Habits: Convents and the Spiritual Economy of Cuzco, Peru
Charles F. Walker is Professor of History and Director of the Hemispheric Institute on the Americas at the University of California, Davis. He is the author of Smoldering Ashes: Cuzco and the Creation of Republican Peru, 1780–1840, also published by Duke University Press.
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Related subjects:
History, Latin American
Religious Studies
Latin American Studies
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