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Few judges self-identify as strict constructionists, due to the narrow meaning of the term. Antonin Scalia, the justice most identified with the term, once wrote: "I am not a strict constructionist, and no one ought to be," calling the philosophy "a degraded form of textualism that brings the whole philosophy into disrepute." Scalia summarized ...
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 ...
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.
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 ...
Values, answers to ethical questions: "What should we do?" In this context, "What would Jesus do?" A praxeology, or methodology, or theory of action.: "How should we attain our goals?" An epistemology, or theory of knowledge. "What is true and false?" (See, for example John 18:38) An etiology. A constructed world-view should contain an account ...
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
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 ...
Durkheim held the view that the function of religion is group cohesion often performed by collectively attended rituals. He asserted that these group meeting provided a special kind of energy, [ 47 ] which he called effervescence , that made group members lose their individuality and to feel united with the gods and thus with the group. [ 48 ]