Kent Greenawalt's From the Bottom Up constitutes a collection of articles and essays written over the last five decades of his career. They cover a wide range of topics, many of which address ties between political and moral philosophy and what the law does and should provide. A broad general theme is that in all these domains, what really is the wisest approach to difficult circumstances often depends on the particular issues involved and their context. Both judges and scholars too often rely on abstract general formulations to provide answers. A notable example in political...
Kent Greenawalt's From the Bottom Up constitutes a collection of articles and essays written over the last five decades of his career. They c...
The First Amendment to the United States Constitution begins: "Congress shall make no law reflecting an establishment of religion or prohibiting the free exercise thereof." Taken as a whole, this statement has the aim of separating church and state, but tensions can emerge between its two elements--the so-called Nonestablishment Clause and the Free Exercise Clause--and the values that lie beneath them.
If the government controls (or is controlled by) a single church and suppresses other religions, the dominant church's "establishment" interferes with free exercise. In this respect,...
The First Amendment to the United States Constitution begins: "Congress shall make no law reflecting an establishment of religion or prohibiting th...