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American Legal Realism

In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell. pp. 249–266 (1996)

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  1. State Legitimacy and Religious Accommodation: The Case of Sacred Places.Janosch Prinz & Enzo Rossi - forthcoming - Journal of Law, Religion and State.
    In this paper we put forward a realist account of the problem of the accommodation of conflicting claims over sacred places. Our argument takes its cue from the empirical finding that modern, Western-style states necessarily mould religion into shapes that are compatible with state rule. So, at least in the context of modern states there is no pre-political morality of religious freedom that states ought to follow when adjudicating claims over sacred spaces. In which case most liberal normative theory on (...)
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  • (1 other version)Classical Realism.Brian Leiter - 2001 - Philosophical Issues 11 (1):244-267.
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