A scholar of law and religion uncovers a surprising origin story behind the idea of the separation of powers.
The separation of powers is a bedrock of modern constitutionalism, but striking antecedents were developed centuries earlier, by Jewish scholars and rabbis of antiquity. Attending carefully to their seminal works and the historical milieu, David Flatto shows how a foundation of democratic rule was contemplated and justified long before liberal democracy was born.
During the formative Second Temple and early rabbinic eras (the fourth century BCE to the third century CE), Jewish thinkers had to confront the nature of legal authority from the standpoint of the disempowered. Jews struggled against the idea that a legal authority stemming from God could reside in the hands of an imperious ruler (even a hypothetical Judaic monarch). Instead scholars and rabbis argued that such authority lay with independent courts and the law itself. Over time, they proposed various permutations of this ideal. Many of these envisioned distinct juridical and political powers, with a supreme law demarcating the respective jurisdictions of each sphere. Flatto explores key Second Temple and rabbinic writings—the Qumran scrolls; the philosophy and history of Philo and Josephus; the Mishnah, Tosefta, Midrash, and Talmud—to uncover these transformative notions of governance.
The Crown and the Courts argues that by proclaiming the supremacy of law in the absence of power, postbiblical thinkers emphasized the centrality of law in the people’s covenant with God, helping to revitalize Jewish life and establish allegiance to legal order. These scholars proved not only creative but also prescient. Their profound ideas about the autonomy of law reverberate to this day.
Those who exit a religion—particularly one they were born and raised in—often find themselves at sea in their efforts to transition to life beyond their community. In Degrees of Separation, Schneur Zalman Newfield, who went through this process himself, interviews seventy-four Lubavitch and Satmar ultra-Orthodox Hasidic Jews who left their communities.He presents their motivations for leaving as well as how they make sense of their experiences and their processes of exiting, detailing their attitudes and opinions regarding their religious upbringing. Newfield also examines how these exiters forge new ways of being that their upbringing had not prepared them for, while also considering what these particular individuals lose and retain in the exit process.
Degrees of Separation presents a comprehensive portrait of the prolonged state of being “in-between” that characterizes transition out of a totalizing worldview. What Newfield discovers is that exiters experience both a sense of independence and a persistent connection; they are not completely dislocated from their roots once they “arrive” at their new destination. Moreover, Degrees of Separation shows that this process of transitioning identity has implications beyond religion.
Integrated in principle, segregated in fact: is this the legacy of fifty years of "progress" in American racial policy? Is there hope for much better? Roy L. Brooks, a distinguished professor of law and a writer on matters of race and civil rights, says with frank clarity what few will admit--integration hasn't worked and possibly never will. Equally, he casts doubt on the solution that many African-Americans and mainstream whites have advocated: total separation of the races. This book presents Brooks's strategy for a middle way between the increasingly unworkable extremes of integration and separation.
Limited separation, the approach Brooks proposes, shifts the focus of civil rights policy from the group to the individual. Defined as cultural and economic integration within African-American society, this policy would promote separate schooling, housing, and business enterprises where needed to bolster the self-sufficiency of the community, without trammeling the racial interests of individuals inside or outside of the group, and without endangering the idea of a shared Americanness. But all the while Brooks envisions African-American public schools, businesses, and communities redesigned to serve the enlightened self-interest of the individual. Unwilling to give up entirely on racial integration, he argues that limited separation may indeed lead to improved race relations and, ultimately, to healthy integration.
This book appears at a crucial time, as Republicans dismantle past civil rights policies and Democrats search for new ones. With its alternative strategy and useful policy ideas for bringing individual African-Americans into mainstream society as first-class citizens, Integration or Separation? should influence debate and policymaking across the spectra of race, class, and political persuasion.
“This perceptive and accessible edition brings Tulsidas’s version [of the Ramayana], the most widely read across Northern India, to English-speaking audiences, giving readers a fresh glimpse into the tale’s impressive energy.”—Publishers Weekly
Tulsidas’s Rāmcaritmānas, written in the sixteenth century in a literary dialect of classical Hindi, has become the most beloved retelling of the ancient Ramayana story across northern India. The revered masterpiece recounts the epic story of Ram’s exile and his journeys, and it is recited by millions of Hindus today.
The Sea of Separation presents some of the poem’s most renowned episodes—Ram’s battles with demons, the kidnapping of his wife Sita by Ravana, his alliance with a troop of marvelous monkeys, and, finally, the god Hanuman’s heroic journey to the island city of Lanka to find and comfort Sita.
This new translation into free verse conveys the passion and momentum of the inspired poet and storyteller.
In a powerful challenge to conventional wisdom, Philip Hamburger argues that the separation of church and state has no historical foundation in the First Amendment. The detailed evidence assembled here shows that eighteenth-century Americans almost never invoked this principle. Although Thomas Jefferson and others retrospectively claimed that the First Amendment separated church and state, separation became part of American constitutional law only much later.
Hamburger shows that separation became a constitutional freedom largely through fear and prejudice. Jefferson supported separation out of hostility to the Federalist clergy of New England. Nativist Protestants (ranging from nineteenth-century Know Nothings to twentieth-century members of the K.K.K.) adopted the principle of separation to restrict the role of Catholics in public life. Gradually, these Protestants were joined by theologically liberal, anti-Christian secularists, who hoped that separation would limit Christianity and all other distinct religions. Eventually, a wide range of men and women called for separation. Almost all of these Americans feared ecclesiastical authority, particularly that of the Catholic Church, and, in response to their fears, they increasingly perceived religious liberty to require a separation of church from state. American religious liberty was thus redefined and even transformed. In the process, the First Amendment was often used as an instrument of intolerance and discrimination.
Separation of Church and State in the United States was first published in 1948. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions.
This book is more than a revised and enlarged edition of Dr. Johnson's Legal Status of Church-State Relationships in the United States. Besides rewriting and bringing up to date much of the original material, the authors have added a number of chapters dealing with subjects that have gained prominence in recent years: citizenship and the bearing of arms, saluting the flag, distribution of religious literature, and freedom of speech for Communists. Such recent cases as the Supreme Court decision in McCollum v. Board of Education—better known as the Champaign, Illinois, case—are discussed in some detail.
School administrators will find the book of great practical value, for it deals predominantly with church-state relationships in the public schools, one of the chief areas of conflict. These conflicts include such questions as Bible readings and religious instruction in the public schools, dismissed and released time for religious education, the allowing of credit for religious instruction, public aid to sectarian schools, the wearing of religious garb, furnishing free textbooks and transportation for students in parochial schools.
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