Abstract

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Religious Establishment and Autonomy

Andrew Koppelman
Northwestern University School of Law

Constitutional Commentary, Vol. 25
Northwestern Law & Econ Research Paper No. 09-33
Northwestern Public Law Research Paper No. 09-16

Abstract:
Kent Greenawalt claims that one rationale for nonestablishment of religion is personal autonomy. If, however, the law is barred from manipulating people in religious directions (and thus violating their autonomy), while it remains free to manipulate them in nonreligious directions (and thus violate their autonomy in exactly the same way), autonomy as such is not what is being protected. The most promising alternative is to understand religion as a distinctive human good that is being protected from government interference.

Keywords: Religious, Establishment, Autonomy, Greenawalt, Personal Autonomy

JEL Classifications: K10, K30

Accepted Paper Series

Date posted: August 02, 2009 ; Last revised: August 20, 2009

Suggested Citation

Koppelman, Andrew M.M., Religious Establishment and Autonomy (April 16, 2009). Constitutional Commentary, Vol. 25; Northwestern Law & Econ Research Paper No. 09-33; Northwestern Public Law Research Paper No. 09-16. Available at SSRN: http://ssrn.com/abstract=1441510

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Contact Information

Andrew M.M. Koppelman (Contact Author)

Northwestern University School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States
312-503-8431 (Phone)