Font Size: a A A

The Separate Wall And Freedom:The Religious Expression And Legal Disputes In Schools Of The United States

Posted on:2017-05-09Degree:MasterType:Thesis
Country:ChinaCandidate:Z LiFull Text:PDF
GTID:2336330485475867Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The United States is the first country with a written constitution of the separation of church and state,and for the first time explicitly guaranteed freedom of religion.Although the United States attaches great importance to the legal protection of religious belief,but now in the United States,legal disputes between religion and education is still widespread,among which the religious controversy in schools within the most significant.Which can hold religious activities in schools has been to explore the issue,these activities are carried out in schools include public prayer,by reading the Bible,the teaching of evolution,posting the Ten Commandments and other classrooms.In the long debate,Religion and Law in schools within the boundaries of the discussion,which the dispute is between religion and education core.This paper aims to investigate the dispute between the United States and religious education in schools historical reasons,the United States summed up the impact of religion on education policy,then analyzes three cases in American history important of using the lemon test,in case of Mueller v.Allen in 1983,Wallace v.Jeffery in 1985 and Kitzmiller v.Dover Area School District in 2005 as examples.And judgment of the Court found that the relevant case,since education and religion are closely related to American colonial period,the post-independence government of secularism as a weapon to protect the freedom of religion,but the fundamentalists continue to use a variety of strategies purports religious element into the American schools that compete with the American religious school education in the ascendant.Although the US Supreme Court decision to prohibit the establishment clause as a standard,but also put forward to the Free Exercise Clause of the standard views,and therefore prohibit the establishment clause and the free exercise of the principle of the use of the terms still lead to the two sides discussed.In this paper,the literature analysis,comparative studies,historical analysis,case analysis and other research methods to analyze the content of the judgment of the US Supreme Court,and a comprehensive analysis of trends to referee benchmark judgment.This paper is divided into four chapters.The first chapter is "raised questions",namely,the problem of consciousness,research review,research methods and limitations.The second chapter is the basic theory of religious freedom in order,were introduced religious freedom and secular origins,content,ideas and limitations,and other related theories.The third chapter of American Religion and Education to the Supreme Court jurisprudence analysis on the US Supreme Court referee method-Lemon test-formed,and three cases from the start,and introduced religious education in schools the rule of law and the reasons for the dispute.The fourth chapter is a religious expression in American schools dispute analysis,including the United States,the situation in China,shared experiences and ideas,a number of recommendations to resolve the dispute four parts.The main problems to be solved are threefold:First,to explore the history of reason in US schools and religious education disputes;Second,the use of the Lemon test relates to religion and education controversial three important cases were analyzed,and the US Supreme Court on schools reasons for judgment in the case of religious expression will be summarizing in order to find clues to the United States in similar cases and patterns;Third,similar cases of possible future provide experience and learn.
Keywords/Search Tags:American religion, American schools, religion and education, separation of church and state, lemon test
PDF Full Text Request
Related items