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God vs. the Gavel: Religion and the Rule of Law ePub download

by Marci A. Hamilton,Edward R. Becker

  • Author: Marci A. Hamilton,Edward R. Becker
  • ISBN: 0521703387
  • ISBN13: 978-0521703383
  • ePub: 1615 kb | FB2: 1193 kb
  • Language: English
  • Category: World
  • Publisher: Cambridge University Press (September 17, 2007)
  • Pages: 430
  • Rating: 4.6/5
  • Votes: 852
  • Format: mbr mobi azw mbr
God vs. the Gavel: Religion and the Rule of Law ePub download

God vs. The Gavel is essential reading for those who insist that religion be true to its fundamental mission and not . Hamilton offers a deceptively simple modus Vivendi for religion and the law - namely, that religion should be subject to neutral laws just like anyone else

God vs. The Gavel is essential reading for those who insist that religion be true to its fundamental mission and not about victimizing people for the sake of power, privilege or financial gain. Canon Lawyer, Advocate for those abused by Clergy. Hamilton offers a deceptively simple modus Vivendi for religion and the law - namely, that religion should be subject to neutral laws just like anyone else. When there is a need for small, minor exceptions, those should be enacted by the legislature, and never by the Courts.

Marci A. Hamilton, Edward R. Becker. Laycock exposes the book's serious, multiple errors of fact.

Hamilton appeared on The Daily Show in 2005 to discuss her book God vs. the Gavel. Hamilton, Marci (2005). God vs. the Gavel: Religion and the Rule of Law. Cambridge University Press. p. ebook location 3814 and locations 1456–1826. In this interview she highlights the existence of laws that offer criminal and civil protection for those who seek "faith healing" rather than traditional medicine for those under their care  . Becker (Foreword). the Gavel: The Perils of Extreme Religious Liberty (Paperback). Published September 8th 2014 by Cambridge University Press. Paperback, 496 pages. Author(s): Marci A. Hamilton. ISBN: 110745655X (ISBN13: 9781107456556).

God vs. the Gavel challenges the pervasive assumption that all religious conduct deserves constitutional protection. While religious conduct provides many benefits to society, it is not always benign

God vs. While religious conduct provides many benefits to society, it is not always benign. The thesis of the book is that anyone who harms another person should be governed by the laws that govern everyone else - and truth be told, religion is capable of great harm. This may not sound like a radical proposition, but it has been under assault since the 1960s.

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According to Hamilton, in recent decades radical religious reformers have mounted a successful campaign to throw the idea of a sensible accommodation out the window.

Traditionally, the government, congress, and courts agreed that though Americans should enjoy extensive religious freedom, that freedom did not include license to do anything the religious might like. According to Hamilton, in recent decades radical religious reformers have mounted a successful campaign to throw the idea of a sensible accommodation out the window. They have expanded the scope of religious liberty and thereby limited the ability of the government to protect citizens generally. the Gavel challenges the pervasive assumption that all religious conduct deserves constitutional .

Foreword by Edward R. Online ISBN: 9780511511530. Marci Hamilton has heroically and truthfully confronted the widespread American myth that all things done in the name of religion are good and deserving of constitutional protections. She has accurately named the harm done in the name of religion and how this harm is protected and enabled by the courts and law enforcement by way of the inaccurate application of the First Amendment.

Justice Denied: What America Must Do to Protect Its Children (Cambridge University Press 2008, 2012) God vs. the Gavel: Religion and the Rule of Law (Cambridge University Press 2005, 2007). People who say it cannot be done should not interrupt those who are doing it.

God vs. the Gavel challenges the pervasive assumption that all religious conduct deserves constitutional protection. While religious conduct provides many benefits to society, it is not always benign. The thesis of the book is that anyone who harms another person should be governed by the laws that govern everyone else - and truth be told, religion is capable of great harm.
Nalmergas
This book is fascinating. It has a lot of information and makes you think and understand the legal issues surrounding religion in a critical way.
Samutilar
in this country, founded on judeo christian beliefs, we have seperated religion from law and yet the laws on the books of america are to keep us in line with the original 10. i agree with ms. hamilton, forgo the statutes of limitations especially for crimes against children. too often the reversed collar is a wall to protect the assailant. and in so doing a child abuser, murderer, rapists, etc. is allow to go free. just because one says they did thier deed in the name of God, does not mean they did. sew up this dammed legal loophole!! let's stop these crimes against the innocent and prosecute the perps all the way to the vatican! please read "Justice Denied" also by ms hamilton. i applaud her strength in single handedly trying to revoke the laws that aid and abet the crimes against children. God bless Marci Hamilton.
Dobpota
God vs The Gavel provides compelling arguments but could be edited into a more compact book. The supports for the thesis are well chosen and well described for the most part. The middle of the book bogs down a bit. The summary is well done and important to read.
Dugor
To say that this is a timely tome would be an exercise in stating the obvious.

While our scientists are on the verge of unlocking the secret to curing many serious diseases by means of insights gathered from stem cell research, there are some among us who would sacrifice the lives and well-being of the beneficiaries of such research at the altar of conformance to archaic sectarian dogma. And if that sounds rather uncompassionate, consider the truly hideous cases where some of these self-proclaimed keepers of "family values" actually perpetuate abuse. Yet when the civil authorities attempt to bring such perpetrators to justice, the religious authorities simply circle the wagons and deny culpability.

Marci Hamilton's book exposes the special protections that the religious institutions and particular religious officials enjoy when it comes to both the criminal justice system, as well as civil law. Now that this information has been concisely presented for everyone to examine in this groundbreaking volume, it's time for all of us to demand that religion stop being used as a cover for negligent and criminal activity.
Fomand
A good read on the establishment clause. Slightly slanted, but covers the basics. I would recommend it as a starting point.
Kulabandis
Religion is a powerful thing: It can do great good and great evil, Marci Hamilton reminds us. As a lawyer, her question is how to regulate religion? Hamilton offers a deceptively simple modus Vivendi for religion and the law - namely, that religion should be subject to neutral laws just like anyone else. When there is a need for small, minor exceptions, those should be enacted by the legislature, and never by the Courts.

I disagree with both parts of Hamilton's solution: In my view Religion, being a mighty force, should be subjected to special regulation. And the main crafters of that regulation should be the Courts, not the legislators.

As Hamilton rightly stresses, Religion can bring both great good and great ill. Thus it makes no sense to think that general regulations, applicable to less powerful forces of society, are straightforwardly applicable to religion. Religion needs its own regulation: at times, it should be regulated more fiercely then non-religion; At other times, it should be allowed more leniency.

Take Creationism; if parents would like their children to study Austrian School Economics or Marxism in Economics class, the Courts wouldn't intervene. But when Christian parents try to sneak "creation science" into biology class, Lawsuits abound, and succeed. Is that unfair discrimination against religion? Surely not. First, unlike economics, religion is a divisive. As Richard Dawkins likes to point out (e.g. in The God Delusion), we have Christian, Muslim and Jewish Children, but not Marxist or Neo-Classical ones. Therefore a school policy reinforcing religion can cause severe tensions (and does: see Monkey Girl: Evolution, Education, Religion, and the Battle for America's Soul for recent shenanigans in Dover, PA). Second, religion is one of the very few forces capable of massively infecting schools with pseudo-science. The risk of an "Austrian School" epidemic is low, and so regulating against it is unnecessary.

For an opposite example, see the Clergy Child Abuse scandal. Hamilton documents the horrifying child abuse in the Church. The current US scandal is one of many, and the reason for it seems to be self evident: By offering celibate men access to children, the priesthood is a natural calling for a pedophile unwilling or unable to marry (Full Disclosure: There are conflicting studies on the topic). Now suppose that a secular organization would offer activities for children guided exclusively by celibate men. I think it should be banned, or at least closely monitored by the law enforcement and child welfare authorities. But such treatment of the Roman Catholic Church is unthinkable, politically unfeasible, and probably harmful: the appearance of religious prosecution would trump the benefits.

Hamilton agrees that special ("de minimis") exemptions from regulation should be offered to religion: "If an exemption will not harm others, it should be provided - by the legislature". (p. 275).Why should such exemption be provided by the legislature rather than the Judiciary? The only answer I can discern in Hamilton's book is an alleged competency of the legislature to do so in a, well, judicious manner. "[The legislature] may decide to investigate a social problem in depth ... [it should] balance[e] the value of religious liberty over and against the harm to others if a religious... institution is permitted to act contrary to the law" (p. 297). The key word here is "may". Hamilton offers no evidence that the legislature actually does any of these things. Repeatedly, she demonstrates legislative failure, such as when it allowed Christ Church followers in Oregon to act negligently towards their own children. Even after the scandal broke out, and children died... "the faith healing lobbyists... confused... ill informed legislators... already disposed to follow the requests of religious organizations... legislative incompetence is why Oregon's faith healing exemptions for murder... remain in place."(pp. 300-301) The only in depth review of this kind mentioned in the book is done by... a Judge! And yet Hamilton berates him for actually researching the common good! (pp. 123-125).

In my view, de minimis exceptions for religion should be crafted by the Judiciary, and not by the Legislature.

First, most of the cases where an exemption is sought are small issues of individual accommodation. In one case, a Sabbatarian seeked unemployment compensation after beig fired for refusing to work on her Sabbath (p. 216). In an Illinois High school, sports players were forbidden to wear headgear, including Yarmulkes (p. 123) Yarmulke wearers also encountered problems in the Air Force (p. 170), and religious prisoners wanted to avoid work details on Fridays (p. 213) and to receive Kosher food (p. 290) Hamilton's examples go on and on. These issues rise too frequently to be solvable by ex ante legislation, and legislation it too cumbersome a process to help the plaintiffs; When the US Supreme Court ruled in a Hamilton-esque fashion, it took Congress three years to overrule the legislation.

Second, the issues that arise are too narrow and too case specific. Can Congress really meddle with sportsmen's cloths and prisoner's diets? The Legislature, as we've seen, is unlikely to carry out the kind of expansive research that Hamilton thinks is the rational for having exclusive exemption making power, and is likely to appease popular or powerful religious interests without regard to the public good. Crucially, it has pressing business to attend to. The Legislature should deal with Crime, Economic Policy, and Environment. We really shouldn't let it be distracted into monitoring Yarmulkes.

Finally, there is the question of Church and State. The Purpose of the US First Amendment is to keep earthly Power out of the hands of the priests. If we want to do that, we have to give the religious avenues to pursue their interests other then the legislature. If, whenever an exemption, no matter how tiny, is needed, the Courts shall send the Churches to the legislative branches, the Churches shall develop powerful lobbying machinery. History and Hamilton's book tell us that such machinery will not be used merely for "de minimis" exemptions. Religion may end up ruling the law, instead of being under its rule.
Whitescar
While the latter part of this book covers the actual law, with good footnotes, the first part is just a screed of the author's opinions and not worth either the time spent reading it or half the money spent buying it.
It's a book, what does one say about a product like this. I wanted one and I now have it
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