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Religion, Education and the State - An Unprincipled Doctrine in Search of Moorings (Paperback)
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Religion, Education and the State - An Unprincipled Doctrine in Search of Moorings (Paperback)
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In the context of education, Church and State issues are of growing
importance and appear to be increasingly divisive. This volume
critically examines the developing jurisprudence relating to
religion in the schools beginning with Everson v. Board of
Education, where the US Supreme Court discussed the wall of
separation between Church and State. The study traces both how the
Court's views have evolved during this period and how, through
recharacterizations of past opinions and the facts underlying them,
the Court has appeared to interpret Establishment Clause guarantees
in light of the past jurisprudence when in reality that
jurisprudence has been turned on its head. The Court not only
offers an unstable jurisprudence that is more likely to promote
than avoid the problems that the Establishment Clause was designed
to prevent, but approaches Establishment Clause issues in a way
that decreases the likelihood that an acceptable compromise on
these important issues can be reached. The study focuses on the
situation in the US but the important issue of religion, education
and the state has great relevance in many jurisdictions.
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