The Freedom of the Church:(Toward) and Exposition, Translation, and Defense
Document Type
Book Chapter
Publication Date
2016
Abstract
From the Publisher
This chapter proposes that “freedom of the church” is a still-important, if very old, idea, which is not out of place in current thinking about law and religion. If “freedom of the church” can be retrieved and translated, then it should be, not out of nostalgia or reaction but so that the law will better identify and protect the things that matter. In addition to restating claims made elsewhere—regarding church-state separation, the no-establishment rule, legal and social pluralism, and the structural role played by religious and other institutions—this chapter attempts to strengthen the argument that “freedom of the church” is not a relic or anachronism but instead remains a crucial component of any plausible and attractive account of religious freedom under and through constitutionally limited government. The chapter includes with suggestions for some workable and—it is hoped—faithful translations for use in present-day cases, doctrine, and conversations.
Recommended Citation
Garnett, Richard W., "The Freedom of the Church:(Toward) and Exposition, Translation, and Defense" (2016). Book Chapters. 149.
https://scholarship.law.nd.edu/book_chapters/149
Publication Information
in The Rise of Corporate Religious Liberty 39 (Micah Schwartzman, Chad Flanders, & Zoe Robinson, eds., 2016).
Available in Kresge Law Library.