2017 Fiscal Year Final Research Report
The Historical Development of the Distinction between Freedom of Belief and Freedom of Action in the U.S. Supreme Court
| Project/Area Number |
26380054
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
Public law
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| Research Institution | Kobe Gakuin University |
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Principal Investigator |
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| Project Period (FY) |
2014-04-01 – 2018-03-31
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| Keywords | 憲法 / 信教の自由 / アメリカ合衆国 |
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| Outline of Final Research Achievements |
For the purpose of clarifying the significance of the distinction between freedom of belief and freedom of action in the U.S. Supreme Court decisions, this research considered (1) the influence of the colonial and founding era thinkers' views on the Supreme Court's interpretation of the Free Exercise Clause, and (2) the historical development of this distinction in the Supreme Court decisions. In order to consider (1), this research principally analyzed the Thomas Jefferson's 1802 letter to the Danbury Baptist Association and clarified its political-philosophical, theological and epistemological assumptions. To examine (2), this research mainly focused on the Supreme Court decision in Reynolds v. United States (1802) in which the Supreme Court first crafted the distinction between freedom of belief and freedom of action, and reexamined the traditional understanding that this decision denied the possibility of free exercise exemptions.
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| Free Research Field |
憲法学
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