Religion-state relations in the United States and Germany : the quest for neutrality / Claudia E. Haupt.
2012
BL2015.S72 H38 2012 (Map It)
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Details
Author
Title
Religion-state relations in the United States and Germany : the quest for neutrality / Claudia E. Haupt.
Published
Cambridge : Cambridge University Press, 2012.
Call Number
BL2015.S72 H38 2012
Former Call Number
Comp 980 H294 2012
ISBN
9781107015821 (hbk.)
1107015820 (hbk.)
1107015820 (hbk.)
Description
x, 210 pages ; 24 cm
System Control No.
(OCoLC)751752463
Summary
"This comparative analysis of the constitutional law of religion-state relations in the United States and Germany focuses on the principle of state neutrality. A strong emphasis on state neutrality, a notoriously ambiguous concept, is a shared feature in the constitutional jurisprudence of the US Supreme Court and the German Federal Constitutional Court, but neutrality does not have the same meaning in both systems. In Germany neutrality tends to indicate more distance between church and state, whereas the opposite is the case in the United States. Neutrality also has other meanings in both systems, making straightforward comparison more difficult than it might seem. Although the underlying trajectory of neutrality is different in both countries, the discussion of neutrality breaks down into largely parallel themes. By examining those themes in a comparative perspective, the meaning of state neutrality in religion-state relations can be delineated"--Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Gift
Purchased from the income of the Edith L. Fisch Fund
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Edith L. Fisch Fund
Table of Contents
Acknowledgments
x
Introduction
1
pt. I
The Comparative Approach
9
1.
The past and present of comparative constitutional studies
11
1.
Historical roots and renewed interest
12
2.
Supreme Court controversy
18
3.
The academic debate
27
3.1.
In favor of comparative constitutional law
28
3.2.
Against comparative constitutional law
32
2.
The culture wars, American exceptionalism, and a comparative analysis of religion-state relations
40
1.
The "culture wars"
42
1.1.
Key issues
47
1.2.
Judicial activism
50
2.
Exceptionalism discourse
53
2.1.
Exceptionalism in history, politics, and law
54
2.2.
The split identity of exceptionalism
60
3.
Situating a comparative analysis of religion-state relations
62
3.
Employing a comparative approach
64
1.
Issue selection
65
2.
Unit of comparison
68
3.
Distinguishing outcome and process
71
3.1.
Outcome
72
3.2.
Process
73
pt. II
Religion-State Relations and the Role of Neutrality
77
4.
Toward neutrality
79
1.
Religion in the classroom
81
1.1.
School prayer
82
1.2.
Religious symbols
88
1.3.
Religious clothing
95
2.
Religion in the public square
103
2.1.
Religious symbols in courthouses
104
2.2.
Prayer and symbols in legislative meetings
109
5.
The role of history
113
1.
History in German constitutional interpretation
113
2.
History in US constitutional interpretation
117
2.1.
A brief history of the uses of history
117
2.2.
Avoiding "bad history" and providing context
128
6.
The roots of neutrality
134
1.
Founding discourses
134
1.1.
Origins of the US Constitution's Establishment Clause
136
1.2.
Origins of the Basic Law provisions on church and state
143
2.
Political and social developments
153
2.1.
In the United States
153
2.2.
Subsequent political and social developments under the Basic Law
159
7.
Delineating neutrality
167
1.
Concepts of neutrality
168
1.1.
Neutrality as nonconsideration
171
1.2.
Substantive or positive neutrality
175
2.
Neutrality and separation
178
3.
Neutrality and equality
182
3.1.
Equality among religious groups
184
3.2.
Equality between religion and nonreligion
187
4.
Neutrality, civil religion, and ceremonial deism
189
5.
Neutrality as an interpretive guide
199
Conclusion The future of neutrality in comparative perspective
202
Index
205