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SSRN Electronic Journal
Article . 2004 . Peer-reviewed
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The Autonomy of Church and State

Authors: Scharffs, Brett G.;

The Autonomy of Church and State

Abstract

The primary concern underlying both the Establishment Clause and the Free Exercise Clause is autonomy — of the state, of churches, and of individuals. Two conceptions of autonomy have vied for preeminence in the United States, one based upon the ideal of complete independence of church and state, having separation as its goal, and the other based upon the ideal of inter-independence, which tries to ascertain the proper manner in which the state can accommodate religion. The European Court of Human Rights has for the most part based its religious-freedom jurisprudence upon a different conception of autonomy, one that rests upon interdependence of church and state. Autonomy provides a better framework than existing doctrinal approaches for the resolution of difficult and controversial issues.

Country
United States
Related Organizations
Keywords

Religion, Religion Law, Law, Law and Politics

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    influence
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
1
Average
Top 10%
Average
bronze