Starred Review. In this engrossing history of the religion clauses of the First Amendment, Nussbaum (Cultivating Humanity) makes a strong, thoroughgoing case for America as a haven of religious liberty for believers of all stripes. Beginning with an illuminating rehabilitation of Rhode Island founder Roger Williams as America's earliest defender of religious equality, Nussbaum continues by examining how Williams's ideals have been both upheld and abandoned throughout the nation's history. After detailing the adoption of the establishment and free exercise clauses, Nussbaum comments at length on how these fairly general, vague clauses have been fleshed out by more than two centuries of case law. Refreshingly, Nussbaum does not add to the acrimonious cacophony around the idea of separation of church and state. Rather than pushing for strict separation, she argues for what philosopher John Rawls calls overlapping consensus, which echoes Williams's belief that citizens who differ greatly on matters of ultimate meaning can still agree to respect each other's liberty of conscience. Nussbaum writes engagingly and with generosity; her critiques, particularly those of opinions written by Justices Scalia and Thomas, are pointed but respectful, and she demonstrates warm regard for Supreme Court plaintiffs who have braved persecution as they have followed the dictates of conscience. (Feb.) Copyright © Reed Business Information, a division of Reed Elsevier Inc. All rights reserved. From: Reed Elsevier Inc. Copyright Reed Business Information

The United States' tradition of religious liberty, based on accommodation of the religious conscience and government neutrality toward religious viewpoints, is a conception that Europeans would do well to adopt and one Americans should take care to preserve. In surveying the contentious topic of religion's constitutional place in American life, philosopher Nussbaum (law, Univ. Chicago; Cultivating Humanity: A Classical Defense of Reform in Liberal Education) always keeps before readers what is at stake for the various constituencies: religious minorities, the nonreligious, and the larger majority society. After tracing the origins of American church-state doctrine, she examines the key topics of constitutional law on religion in its free exercise and nonestablishment forms. Grounding religious liberty in the concept of equality rather than as a separation doctrine, she is critical of "originalist" arguments based on "historical misunderstanding and philosophical error" that she believes would publicly privilege Protestant Christianity. This is an excellent analysis for the general reader, offering more depth than Noah Feldman's Divided by God: America's Church-State Problem and What We Should Do About It without the scholastic detail of Kent Greenawalt's Religion and the Constitution: Free Exercise and Fairness. Steve Young, McHenry Cty. Coll., Crystal Lake, IL Copyright © Reed Business Information, a division of Reed Elsevier Inc. All rights reserved. From: Reed Elsevier Inc. Copyright Reed Business Information

Despite codification in the Declaration of Independence and the Constitution, the U.S. has long struggled with the concept of freedom of religion. Nussbaum, ethical philosopher at the University of Chicago, plumbs the historical, political, philosophical, and legal debates surrounding religious freedom. She recalls troubling times in U.S. history when, fueled by xenophobia, Americans-even the Supreme Court-acquiesced in some curtailment of the religious freedom of others, including suspicions and attacks against Catholics, Jehovah's Witnesses, Mormons, Seventh Day Adventists, and atheists. She explores issues surrounding the word God in the Pledge of Allegiance, gay marriage, prayer in school, the influence of Christian fundamentalism, and fear of Islamic fundamentalism. Nussbaum documents the ways, large and small, that the Bush administration has actually subverted religious freedom, from faith-based initiatives that flirt with favoritism to actual proselytizing by prominent officials. At a time of unprecedented religious diversity and tension within the U.S., this is a thoughtful and penetrating look at religious freedom. Bush, Vanessa. From: Syndetics Solutions, Inc. Distributed by Syndetic Solutions, Inc.

Nussbaum (Univ. of Chicago) grants through this book what arguably is a much-needed reminder of America's tradition of religious freedom. This reminder is offered with a serious philosophic commitment to the analysis and scrutiny of continued efforts to successfully create and interpret the principles needed for the peaceful governance of a land comprising many varying beliefs. It is in this vein that the importance of Nussbaum's work can be grasped for, as she demonstrates, the persistent threats to religious liberty are at one and the same time threats to the political equality of minority groups. Well written, this book is accessible to general readers and academics alike. The expanse of Nussbaum's discussion invites further thought and study--she looks at past, present, and future concerns of religious practice and constitutional interpretation, in addition to recognizing historical policies made by non-Western regimes. Summing Up: Recommended. Lower-level undergraduates through faculty/researchers; general readers. General Readers; Lower-division Undergraduates; Upper-division Undergraduates; Graduate Students; Researchers/Faculty. Reviewed by J. R. Couch. From: Syndetics Solutions, Inc. Distributed by Syndetic Solutions, Inc.