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Home > Political Science > Political Science General & Other > Constitutions > The Wheel of Law: India's Secularism in Comparative Constitutional Context
The Wheel of Law: India's Secularism in Comparative Constitutional Context
by Jacobsohn, Gary J.
 
 
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The Wheel of Law: India's Secularism in Comparative Constitutional Context
How can religious liberty be guaranteed in societies where religion pervades everyday life? In The Wheel of Law, Gary Jacobsohn addresses this dilemma by examining the constitutional development of secularism in India within an unprecedented cross-national framework that includes Israel and the United States. He argues that a country's particular constitutional theory and practice must be understood within its social and political context. The experience of India, where religious life is in profound tension with secular democratic commitment, offers a valuable perspective not only on questions of jurisprudence and political theory arising in countries where religion permeates the fabric of society, but also on the broader task of ensuring religious liberty in constitutional polities.India's social structure is so entwined with religion, Jacobsohn emphasizes, that meaningful social reform presupposes state intervention in the spiritual domain. Hence India's "ameliorative" model of secular constitutionalism, designed to ameliorate the disabling effects of the caste system and other religiously based practices. Jacobsohn contrasts this with the "visionary" secularism of Israel, where the state identifies itself with a particular religion, and with America's "assimilative" secularism.Constitutional globalization is as much a reality as economic globalization, Jacobsohn concludes, and within this phenomenon the place of religion in liberal democracy is among the most vexing challenges confronting us today. A richly textured account of the Indian experience with secularism, developed in a broad comparative framework, this book is for all those seeking ways to respond to this challenge.


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Title of ebook: The Wheel of Law: India's Secularism in Comparative Constitutional Context
ISBN: 9781400825578
parent-ISBN: 9780691122533
Publisher: Princeton University Press
Internet download file size: 1852 kb
Pages: 344
Published: 09-2008
Released online for download: 09-02-2008
Author of eBook: Jacobsohn, Gary J.
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The Wheel of Law

India's Secularism in Comparative Constitutional Context

Chapter One

INTRODUCTION

Ashoka's Wheel

IN 1994 THE United States Supreme Court considered the case of Gregory Johnson, a young man whose fiery protest against the policies of the American government became an occasion for reflection on the symbolic significance of the American flag. The only thing that was certain about Johnson's defiant actions outside the 1984 Republican Convention, however, was that a cloth representation of some aspect of American identity was incinerated in front of a number of passersby, including several who were visibly outraged. Concerning the larger meaning of what was consumed in the flames that leapt from a Dallas, Texas, sidewalk, much was left in doubt.

For some, including Justices William Rehnquist and John Paul Stevens, dissenters in Texas v Johnson, the flag was emblematic of American nationhood and national unity; its desecration was therefore actionable regardless of any message Johnson may have intended to communicate thr ... read full excerpt from The Wheel of Law: India's Secularism in Comparative Constitutional Context ebook



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