Civil Peace and the Quest for Truth: The First Amendment Freedoms in Political Philosophy and American ConstitutionalismLexington Books, 2004 - 309 páginas The freedoms of speech and religion assumed a sacrosanct space in American notions of civil liberty. But it was not until the twentieth century that these freedoms became prominent in American constitutional law; originally, the first ten amendments applied only to the federal government and not to the states. Murray Dry traces the trajectory of freedom of speech and religion to the center of contemporary debates as few scholars have done, by looking back to the American founding and to the classical texts in political philosophy that shaped the founders' understanding of republican government. By comparing the colonial charters with the new state constitutions and studying the development of the federal Constitution, Dry demonstrates the shift from governmental concern for the salvation of souls to the more limited aim of the securing of rights. For a uniquely rich and nuanced appreciation of this shift Dry explores the political philosophy of Locke, Spinoza, Montesquieu, and Mill, among others, whose writings helped shaped the Supreme Court's view of religion as separate from philosophy, as a matter of individual faith and not a community practice. Delving into the polyvalent interpretations of such fundamental concepts as truth, faith, and freedom, Civil Peace and the Quest for Truth immeasurably advances the study of American constitutional law and our First Amendment rights. |
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... claiming that my teach- ers would agree with my argument in every particular , I believe it reflects and is consistent with their approach to political philosophy and American con- stitutionalism . I am also indebted to three other ...
... claiming that my teach- ers would agree with my argument in every particular , I believe it reflects and is consistent with their approach to political philosophy and American con- stitutionalism . I am also indebted to three other ...
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... claim of one freedom from the claim of the other . Here , then , is my second reason for studying the freedoms together : We can't clearly separate them and study them apart . When the American founders wrote new state constitutions ...
... claim of one freedom from the claim of the other . Here , then , is my second reason for studying the freedoms together : We can't clearly separate them and study them apart . When the American founders wrote new state constitutions ...
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... claim and its application . The Court also propounded pragmatic arguments similar to those that Spinoza and Montesquieu had made . The most prominent Supreme Court justifica- tions for the importance of freedom of speech were : ( 1 ) it ...
... claim and its application . The Court also propounded pragmatic arguments similar to those that Spinoza and Montesquieu had made . The most prominent Supreme Court justifica- tions for the importance of freedom of speech were : ( 1 ) it ...
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... claim special exemptions from otherwise valid laws , And on the basis of the Es- tablishment Clause , government is forbidden to support religious expres- sion . The Supreme Court's handling of a controversy that involved both free ...
... claim special exemptions from otherwise valid laws , And on the basis of the Es- tablishment Clause , government is forbidden to support religious expres- sion . The Supreme Court's handling of a controversy that involved both free ...
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... claims on behalf of revealed religion ; then he argued for political freedom . 34 Milton and Locke expressed confidence in the truth's winning out in a free exchange with falsehoods , but they wrote rhetorically . They argued against ...
... claims on behalf of revealed religion ; then he argued for political freedom . 34 Milton and Locke expressed confidence in the truth's winning out in a free exchange with falsehoods , but they wrote rhetorically . They argued against ...
Índice
RELIGIOUS FREEDOM AND FREEDOM OF SPEECH IN THE AMERICAN FOUNDING | 15 |
The American Founding and the Puritan Origins | 19 |
Religious Freedom and Freedom of Speech in the State Constitutions of the Confederation Period | 32 |
The Federal Constitution and the Bill of Rights | 52 |
The Postfounding Debate on Freedom of Speech The Sedition Act the Kentucky and Virginia Resolutions and the Virginia Report | 65 |
THE FIRST AMENDMENT FREEDOMS IN POLITICAL PHILOSOPHY | 79 |
Ancient Political Philosophy Plato Aristotle and Thucydides | 81 |
SeventeenthCentury Political Philosophy Bacon Hobbes Milton Locke and Spinoza | 95 |
The Preferred Position Doctrine and the Categorical Approach to Freedom of Speech Libel | 165 |
The Increased Protection for Fighting Words and Other Offensive Speech Obscenity Pornography and Commercial Speech | 178 |
Money and Speech and the Public Forum or Time Place and Manner Doctrine | 201 |
Religious Freedom and the Constitution | 219 |
The Free Exercise Clause | 221 |
The Establishment Clause I | 242 |
The Establishment Clause II | 266 |
Conclusion | 283 |
Montesquieus Constitution of Liberty The Spirit of the Laws | 120 |
John Stuart Mills On Liberty | 133 |
THE SUPREME COURTS TREATMENT OF FREEDOM OF SPEECH AND RELIGIOUS FREEDOM | 145 |
Freedom of Speech | 147 |
Seditious Libel and Fifty Years of Clear and Present Danger From Schenck to Brandenburg | 149 |
Bibliography | 291 |
299 | |
About the Author | |
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Civil Peace and the Quest for Truth: The First Amendment Freedoms in ... Murray Dry Pré-visualização limitada - 2004 |
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Palavras e frases frequentes
Amendment American applied argued argument belief Bill of Rights chapter Christian church civil peace claim clear and present concerning concurring Congress constitutional content neutrality Court opinion criminal decision democracy democratic discussion dissenting district doctrine Establishment Clause exemption expression federal flag salute Free Exercise Clause free speech freedom of speech Holmes individual interest involved jury Justice Brennan Justice Harlan Justice Kennedy Justice O'Connor Justice Rehnquist Justice Scalia Justice Souter Justice Stevens Justice White Kiryas Joel legislative legislature Lemon test Leo Strauss liberty Locke Madison means ment Mill Milton Montesquieu natural parochial schools philosophers political position prayer prohibition protection public forum public school punishment quoted regulation religious freedom republican secular Sedition Act seditious libel Sherbert Socrates Spinoza state's statement statute supra Supreme Court thought Thucydides tion Tocqueville toleration truth winning University Press upheld violated Virginia vote worship York