Liberty of Conscience: In Defense of America's Tradition of Religious Equality
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From one of America’s most distinguished moral philosophers, a sweeping historically based argument that equal respect for all citizens is the bedrock of America’s tradition of religious freedom The New York Times - Emily Bazelon …[a] grand and penetrating discourse on religion and American law…As a teacher and scholar of law, philosophy and religion at the University of Chicago, [Nussbaum] brings the insights of each discipline to bear on the others. And because she's attuned to the "springs of conscience" that well up from faith—Nussbaum left the Episcopal Church for Reform Judaism when she married—she can analyze some of the Supreme Court's recent jurisprudence on religion with sympathy rather than disdain for the enterprise of accommodation. She's no atheist, she's no evangelical, and she's still worried…Nussbaum's contribution is to show vividly how the equality tradition leads the court, and the rest of us, to ask the right questions. As she understands, this is what we can ask of the law.
1 Introduction: A Tradition Under Threat 12 Living Together: The Roots of Respect 343 Proclaiming Equality: Religion in the New Nation 724 The Struggle Over Accommodation 1155 Fearing Strangers 1756 The Establishment Clause: School Prayer, Public Displays 2247 Aid to Sectarian Schools: The Search for Fairness 2738 Contemporary Controversies: The Pledge, Evolution, Imagination, Gay Marriage, Fear of Muslims 3069 Conclusion: Toward an "Overlapping Consensus"? 354Acknowledgments 365Notes 369Index 395Index of Cases 405
