Church state corporation : construing religion in US law
著者
書誌事項
Church state corporation : construing religion in US law
University of Chicago Press, 2020
- : cloth
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注記
Includes bibliographical references (p. [183]-200) and index
内容説明・目次
内容説明
Church and state: a simple phrase that reflects one of the most famous and fraught relationships in the history of the United States. But what exactly is "the church," and how is it understood in US law today? In Church State Corporation, religion and law scholar Winnifred Fallers Sullivan uncovers the deeply ambiguous and often unacknowledged ways in which Christian theology remains alive and at work in the American legal imagination.
Through readings of the opinions of the US Supreme Court and other legal texts, Sullivan shows how "the church" as a religious collective is granted special privilege in US law. In-depth analyses of Hosanna-Tabor v. EEOC and Burwell v. Hobby Lobby reveal that the law tends to honor the religious rights of the group-whether in the form of a church, as in Hosanna-Tabor, or in corporate form, as in Hobby Lobby-over the rights of the individual, offering corporate religious entities an autonomy denied to their respective members. In discussing the various communities that construct the "church-shaped space" in American law, Sullivan also delves into disputes over church property, the legal exploitation of the black church in the criminal justice system, and the recent case of Masterpiece Cakeshop v. Colorado Civil Rights Commission. Brimming with insight, Church State Corporation provocatively challenges our most basic beliefs about the ties between religion and law in ostensibly secular democracies.
目次
Note on Capitalization
Note to European Readers
Introduction. The Definite Article
Chapter 1. The Church Makes an Appearance: Hosanna-Tabor v. EEOC
Chapter 2. "The Mother of Religion": The Church Property Cases
Chapter 3. Hobby Lobby: The Church, the State, and the Corporation
Chapter 4. The Body of Christ in Blackface
Conclusion. The Church-in-law Otherwise
Acknowledgments
Bibliography
Index
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