View the Table of Contents. Read the Preface.
"An outstanding contribution to the scholarly debates on the
interpretation of the First Amendment religion clauses. [Ravitch's]
biting critical analyses of the currently popular principles of
neutrality and liberty are especially important."
--Stephen M. Feldman, editor of "Law and Religion: A Critical
Anthology"
"Masters of Illusion is filled with penetrating analysis and
original insights about freedom of religion. Ravitch's discussions
of neutrality, sex education, religious symbols, and his proposal
for handling freedom of religion issues are particularly
valuable."
--Steven H. Shiffrin, author of "Dissent, Injustice, and the
Meanings of America"
Many legal theorists and judges agree on one major premise in
the field of law and religion: that religion clause jurisprudence
is in a state of disarray and has been for some time. In Masters of
Illusion, Frank S. Ravitch provocatively contends that both hard
originalism (a strict focus on the intent of the framers) and
neutrality are illusory in religion clause jurisprudence, the
former because it can not live up to its promise for either side in
the debate and the latter because it is simply impossible in the
religion clause context. Yet these two principles have been used in
almost every Supreme Court decision addressing religion clause
questions.
Ravitch unpacks the various principles of religion clause
interpretation, drawing on contemporary debates such as school
prayer and displaying the Ten Commandments on courthouses, to
demonstrate that the neutrality principle does not work in a
pluralistic society. When defined by large, overarching principles
of equality andliberty, neutrality fails to account for differences
between groups and individuals. If, however, the Court drew on a
variety of principles instead of a single notion of neutrality to
decide whether or not laws facilitated or discouraged religious
practices, the result could be a more equitable approach to
religion clause cases.
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