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Regulating ReligionThe Courts and the Free Exercise Clause$
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Catharine Cookson

Print publication date: 2001

Print ISBN-13: 9780195129441

Published to Oxford Scholarship Online: November 2003

DOI: 10.1093/019512944X.001.0001

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The Process of Casuistry

The Process of Casuistry

(p.39) 2 The Process of Casuistry
Regulating Religion

Catharine Cookson

Oxford University Press

Examines and describes in detail the casuistical method of conflict resolution, noting the importance of principles, paradigms, presumptions, analogies, and “the particulars.” Casuistry is neither a technical loophole, nor a laxity born out of sympathy, nor anarchical relativism. These criticisms (which also include fear of the “abuse of casuistry” and of the “slippery slope”) are directly addressed. The chapter concludes that the process of casuistry achieves principled justice between the competing goods at issue in free exercise conflicts.

Keywords:   abuse of casuistry, analogies, casuistry, competing goods, free exercise conflicts, justice, paradigms, presumptions, relativism, slippery slope, technical loophole

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