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On Actualizing Public Reason

Fordham Law Review 72 (5):2153-2175 (2004)

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  1. The Politics of Judicial Public Reason: Secular Interests and Religious Rights. [REVIEW]Pamela Beth Harris - 2012 - Philosophia 40 (2):271-283.
    This paper seeks a better understanding of the role of public reason in alimenting or defusing religious conflicts by looking at how courts apply it in deciding cases arising out of them. Recent scholarship and judicial decisions suggest, paradoxically, that courts can be biased towards either the secular or the religious. This risks alienating both religious majorities and religious and secular minorities. Judicial public reason is uniquely equipped to protect minorities, and its costs to religious majorities may be mitigated by (...)
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