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Title: Fundamentalism in American Religion and Law: Obama's Challenge to Patriarchy's Threat to Democracy
Author: Richards, David A J
Publisher: Cambridge University Press; Publication Date: 2010
Hardcover; ISBN: 9780521191227
Volumes: 1; Pages: 304
List Price in Cloth: $90.00 Our price: $90.00
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Why, from Reagan to George Bush, have fundamentalists in religion and in law (originalists) exercised such political power and influence in the United States? Why has the Republican Party forged an ideology of judicial appointments (originalism) hostile to abortion and gay rights? Why and how did Barack Obama distinguish himself among Democratic candidates not only by his opposition to the Iraq war but by his opposition to originalism? This book argues that fundamentalism in both religion and law threatens democratic values and draws its appeal from a patriarchal psychology still alive in our personal and political lives and at threat from the constitutional developments since the 1960s. The argument analyzes this psychology (based on traumatic loss in intimate life) and resistance to it (based on the love of equals). Obama's resistance to originalism arises from his developmental history as a democratic, as opposed to patriarchal, man who resists the patriarchal demands on men and women that originalism enforces--in particular, the patriarchal love laws that tell people who and how and how much they may love.ContentsIntroduction: defining the problem1. The progressive recognition of human rights under American constitutional lawPart I. Fundamentalism in Law2. The fundamentalism of constitutional originalism3. The motivations of constitutional fundamentalismPart II. Fundamentalism in Religion4. Fundamentalism in Roman Catholicism5. Fundamentalism among Protestants6. Mormon fundamentalismPart III. Fundamentalism in Law and Religion7. Patriarchal roots of constitutional fundamentalism8. Fundamentalism in religion and lawConclusion: patriarchy as the American dilemma.