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As a result of this distinction, nearly all textualists reject strict constructionism in this sense. Supreme Court justice Antonin Scalia, a major proponent of textualism, said that "no one ought to be" a strict constructionist, because the most literal interpretation meaning of a text can conflict with the commonly-understood or original ...
Textualism is a formalist theory in which the interpretation of the law is based exclusively on the ordinary meaning of the legal text, where no consideration is given to non-textual sources, such as intention of the law when passed, the problem it was intended to remedy, or significant questions regarding the justice or rectitude of the law.
One modern academic theory of religion, social constructionism, says that religion is a modern concept that suggests all spiritual practice and worship follows a model similar to the Abrahamic religions as an orientation system that helps to interpret reality and define human beings, [6] and thus believes that religion, as a concept, has been ...
Weber argues that sect membership worked in the United States as "a certificate of moral qualification and especially business morals:" [17]: 305 Sects provided proof of one’s reputation, honesty and trustworthiness, and in doing so they became a vital source of "the bourgeois capitalist business ethos among the broad strata of the middle ...
Sociology of religion is the study of the beliefs, practices and organizational forms of religion using the tools and methods of the discipline of sociology.This objective investigation may include the use both of quantitative methods (surveys, polls, demographic and census analysis) and of qualitative approaches (such as participant observation, interviewing, and analysis of archival ...
To this basic framework, 5) the role of religion in the cultivation of place [14] as sacred or hold, secular or profane may be added as well as 60 the functions of religious discourse [15] in everyday life can be added. In order to study and write about lived religion, Orsi suggests a broad field of study in terms of topic matter and methodology.
Constructionism may refer to Constructionism (learning theory), an educational philosophy developed by Seymour Papert; Social constructionism, a theory of how social phenomena or objects of consciousness develop in social contexts; Strict constructionism, a conservative type of legal or constitutional interpretation
This view of the Free Exercise Clause would begin to narrow again in the 1980s, culminating in the 1990 case of Employment Division v. Smith. Examining a state prohibition on the use of peyote, the Supreme Court upheld the law despite the drug's use as part of a religious ritual, and without employing the strict scrutiny test. Instead, the ...