Jump to ContentJump to Main Navigation
Law, Person, and CommunityPhilosophical, Theological, and Comparative Perspectives on Canon Law$
Users without a subscription are not able to see the full content.

John J. Coughlin

Print publication date: 2012

Print ISBN-13: 9780199756773

Published to Oxford Scholarship Online: May 2012

DOI: 10.1093/acprof:oso/9780199756773.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 03 June 2020

Canon Law and the Secular State

Canon Law and the Secular State

Chapter:
(p.185) Chapter 7 Canon Law and the Secular State
Source:
Law, Person, and Community
Author(s):

John J. Coughlin

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199756773.003.0008

This chapter first describes two contrasting sets of assumptions about the role of the state vis-à-vis religion. The traditional set of assumptions that has formed part of public ecclesiastical law is increasingly supplanted by a second set typical of the modern secular state. Second, it discusses the theological and rationalist anthropologies that underpin the religion clauses of the First Amendment of the United States Constitution. The Constitution's prohibition of an established religion and guarantee of religious freedom may in their original intent actually be more consistent with the traditional set of assumptions about the proper roles of church and state than the secularized set. Third, it assesses the impact of the United States Supreme Court's separationist interpretation of the First Amendment during the second half of the twentieth century on legislative programs of public aid to Catholic schools. The separationist approach illustrates how judicial review may function to facilitate the abrogation of the traditional assumptions about church-state relations in favor of the modern secularized assumptions of the diminished role of religion.

Keywords:   state, religion, First Amendment, U.S. Constitution, separationism, public aid, Catholic schools, church-state relations

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .