Articles

Church Autonomy Conference February 6-7, 2004 J. Reuben Clark Law School, Brigham Young University. Introduction

Religious Institutions, the No-Harm Doctrine, and the Public Good

I. Introduction II. The Historical, Philosophical, And Theological Background Of The No-Harm Rule A. Historical Privileges That Permitted Clergy and Religious Institutions To Stand Above the Law 1. The sanctuary privilege 2. The benefit of clergy privilege and the sovereignty of established religion 3. Charitable immunity B. The Protestant Mindset and the History of Abuses of Power by Religious Institutions Preceding and Informing the First Amendment C. John Locke, Thomas Jefferson, James Mad...

The Autonomy of Church and State

I. Introduction A. The Autonomy of Church and State B. The United States and Europe: Why Compare? C. Caveats II. Religious Liberty As A Constitutional Guarantee And Human Right A. The Grandparent and Neglected Stepchild of Human Rights B. Historical Background and Jurisprudential Framework 1. The United States 2. Europe III. Three Conceptions Of Autonomy A. Independence B. Interdependence C. Inter-Independence IV. Institutional Autonomy A. The Autonomy of the Church 1. State Church 2. Direct ...

Dissent and Disestablishment: The Church-State Settlement in the Early American Republic

I. Introduction II. The Dual-Authority Pattern Characteristic Of The West A. The American Settlement B. Reformation on the Continent C. Reformation in England 1. Catholic England 2. The English reformation D. Colonial America Through the First Great Awakening E. Pre-Revolution Forerunners of the Settlement 1. John Locke 2. Elisha Williams 3. James Burgh 4. Isaac Backus III. Disestablishment: The American Settlement Unfolds A. The Context for Disestablishment (1774 1833) B. Anglican Disestabli...

Comments

Three Concepts of Church Autonomy

I. What Is Meant By "Church Autonomy"? II. Autonomy As Jural Relation, As Justification, And As Standard Of Review A. Autonomy as a Jural Relation: The Formal Concept of Church Autonomy B. Autonomy as a Moral-Political Justification for a Jural Relation: The Normative Concept of Church Autonomy C. Autonomy as a Standard of Review: The Doctrinal Concept of Church Autonomy III. Professor Scharffs's Theory IV. Four Arguments Against Church Autonomy A. The Argument from the Rule of Law B. The Ar...

Defending a Rule of Institutional Autonomy on No-Harm Grounds

The Voluntary Principle and Church Autonomy, Then and Now

I. The Founding Era Church-State Settlement And The Voluntary Principle II. The Voluntary Principle And Church Autonomy, Then And Now A. Government Noncoercive Religious Statements and Ceremonies B. Government Aid to Religious Organizations C. Religious Autonomy vs. Generally Applicable Laws

More or Less Bunk: The Establishment Clause Answers That History Doesn t Provide

I. The Themes Of Religion In American History II. The Lessons Of History III. Conclusion