Subject: Philosophy Book Title: Legislating Morality
Legislating Morality
Pluralism and Religious Identity in Lawmaking
Peach, Lucinda
Assistant Professor of Philosophy and Religion, American University
Print publication date: 2002
Published to Oxford Scholarship Online: February 2006
Print ISBN-13: 978-0-19-514371-3
doi:10.1093/019514371X.001.0001
Abstract:
This book examines the place of religion in political life. It considers the problems that may arise between religious beliefs and lawmaking. It discusses the liberal and communitarian proposals for addressing the dilemma of religious lawmaking, focusing on theories of Kent Greenawalt and George Herbert Mead. It then proposes an alternative legal strategy for religious lawmaking that is based on an expanded test for Establishment Clause violations. The strategy invalidates religiously influenced laws in a limited range of circumstances when Establishment Concerns are present, and when infringements on Citizenship Rights cannot be fully justified by a secular rationale and/or by a compelling state interest.