Legislating Morality: Pluralism and Religious Identity in LawmakingThe debate over religious lawmaking pits respect for religious pluralism against moral identity-with liberal theorists contending that religious lawmaking is generally suspect in a morally and religiously diverse polity like the United States, and communitarian ones arguing that lawmakers cannot, and should not, be expected to suppress their religious commitments in their public policy making. Looking carefully at both sides of this ongoing debate, Lucinda Peach explores the limitations as well as the value of these conflicting perspectives, and proposes a solution for their reconciliation. Peach breaks from traditional analysis as she contends that both sides of the argument are fundamentally flawed. Neither side has been willing to recognize the merit of the other's arguments, and both have ignored the gender-based disparities of religious lawmaking (particularly with respect to the effect religion has had on reproductive rights and abortion regulation). Using an interdisciplinary approach, the book argues for a pragmatic solution to this impasse which will respect religious pluralism, moral identity, and gender differences. Peach's proposals will be of interest to philosophers, legal theorists, and scholars in women's studies and political science. |
Contents
| 3 | |
The Dilemma of Religious Lawmaking | 11 |
The Constitutional Dimensions of Religious Lawmaking | 37 |
Religious Lawmakers on Moral Identity and Abortion | 63 |
Liberal Approaches to Religious Lawmaking | 95 |
Communitarian Views of Religious Lawmaking | 118 |
A Pragmatist Approach to Religious Lawmaking | 140 |
Other editions - View all
Legislating Morality: Pluralism and Religious Identity in Lawmaking Lucinda J. Peach Limited preview - 2002 |
Common terms and phrases
abortion lawmaking abortion laws abortion regulation addition American approach to religious argues Audi basis Catholic chapter Christian Church citizens Citizenship Rights claims communitarian theorists constitutional rights Cuomo dilemma of religious discussed enactment equal protection Equal Protection Clause especially Establishment Clause fetus Free Exercise Clause free exercise rights gender gious lawmaking Hatfield homosexual human Human Life Amendment Hyde Amendment involve issue Jackson justified lawmaking on abortion legislation liberal and communitarian Mario Cuomo Mark Hatfield Mead Mead's Meadian ment moral identity motivated nonbelievers Noonan Perry Perry's political decision pregnant women problems prohibit proposed test public policy public reason publicly accessible reasons raise Establishment Concerns Rawls recognize relevant reli religion religion clauses religious beliefs religious convictions religious groups religious influences religious lawmaking religious pluralism religious views religiously pluralistic Reproductive Health Services requirement restrictive abortion laws rights and interests secular rationale social statute Supreme Court tion violate