Title Page, Copyright

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pp. i-vi

Contents

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pp. vii-viii

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Acknowledgments

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pp. ix-x

...Many people have provided assistance at some point in the project. Family, friends, and participants in the meetings at which this work was first presented have all made contributions. Among those to be particularly thanked are Milner Ball, Mark Janis, Carolyn Jones, Richard Kay, Martha Minow, Carl Schneider, and Steven Wilf. Thanks are also due to the Centre for Studies of Religion...

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Introduction

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pp. 1-12

...says, we can hardly conceive of life without the state. “The old forms of social identification are no longer absolutely necessary. A man can lead a reasonably full life without a family, a fixed local residence, or a religious affiliation, but if he is stateless he is nothing.” Such a person has “no rights, no security, and little opportunity for...

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PART ONE: Monumental Federalism

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pp. 13-16

...Apparently, the “idea of an historical painting on a grand theme had been with Field since the beginning of his career. The evolution of his plan followed a long progress likely to have been conceived as early as November 1824 when he entered Samuel Morse’s studio as an apprentice student...

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1. Owen in America: Ambiguities in the Concept of the Federal System

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pp. 17-29

...observations of Alexis de Tocqueville, whose reflections on the structure of American society went far beyond the description of governmental institutions. “Better use has been made of association and this powerful instrument of action has been applied to more varied aims in America than anywhere else in the world...

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2. Indians and Individualists: A Multiplicity of Sovereignties

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pp. 30-45

...Conceptions of pluralism and federalism can take several forms. Some versions rely on the idea of sovereignty, noting that it can be located in groups other than the state. These versions fit well with the way we view Indian tribes, religious groups, and other organizations whose functioning can be seen in terms of nonstate but statelike authority and law. In these versions of federalism, an individual...

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3. An Imperium in Imperio: The Mormon Empire and Later Developments

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pp. 46-64

...It has been apparent to some of those who write about law and religion that these boxes are better conceived as interpenetrating units, whose areas of influence and ideologies reveal considerable overlap. This chapter opens with a brief historical sketch of the relations between law and religion and then concentrates on the history of the Mormon Church in America, used as the vehicle for a discussion...

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4. Another Yoder Case: The Separatist Community and the Dissenting Individual

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pp. 65-79

...John A. Hostetler and Gertrude E. Huntington describe Amish shunning as “the church-community’s means of dealing with obdurate and erring members and of keeping the church pure. How shunning should be practiced was the central question in the controversy that led the Amish to secede from the Swiss Brethren. The doctrine was intrinsic in the Anabaptist movement from its very beginning...

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5. Melting Pots and Pariah Peoples

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pp. 80-96

...posture, each resting his head on his hand, all looking at each other. In the background, a number of spectators talk to each other and watch the proceedings. A photograph of Yoder himself has been superimposed on the center bottom of the picture, placed by the photographer in such a way as to reinforce the alienation of the individual from...

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PART TWO: The Peaceable Kingdom

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pp. 97-100

...The Hicks painting is, Ball continues, “logically, historically, and zoologically incongruous, but it works. All of the elements are there: politics, the natural world, law in the form of a treaty relating disparate peoples. The harmony of beasts with each other and with humans is esthetically linked to the politics of the treaty, not as cause and effect but...

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6. Theoreticians: Questions Left Open

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pp. 101-118

...in this chapter, ordinarily called pluralist, address issues of sovereignty. Pluralist theories often reject one view of sovereignty and invoke another. Before examining pluralist theories themselves, it may be useful to set out as background some of the general theoretical material on sovereignty. In twentieth-century Germany, Carl...

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7. The Minority Treaties of the League of Nations

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pp. 119-137

...They preserved the general structure of the nation-state while attempting to give rights to certain minorities. These treaties, broadly speaking, assured the rights of internal minorities in countries whose majority populations were understood to be different ethnically, nationally, or religiously. The treaties were signed...

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8. The Debate over Education: Truth, Peace, Citizenship

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pp. 138-156

...excellence, worthiness, and sanctity. These ideas are in place even in the absence of consequent behavior. That is, if freedom to believe is absolute, these ideas, like all others, are absolutely beyond the reach of the government. Education, however, deals with ideas, and education is finally about the impact of new ideas on preexisting ideas. Children do not, in fact, come to school thinking nothing, believing nothing...

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9. Children and Groups: Problems in Fact and in Theory

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pp. 157-177

...There is a long time in which we may, according to the place where we are born, be moulded into a well authenticated Papuan, Chinaman, or Parisian. We cannot choose whether we shall find ourselves talking like a Hottentot, a Russian or a German. And we learn to do in all things as those do among whom we are brought up. We cannot but accept their respective customs, scruples, and ideas, for all these are imposed...

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10. Negotiating the Frameworks: The Problem of the Sensitive Citizen

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pp. 178-202

...that would cover all expenses, if it were not that, as Leader of the Opposition, it would be my duty to resist it, tooth and nail. Or, as Paymaster General, I could so cook the accounts that, as Lord High Auditor, I should never discover the fraud. But then, as Archbishop of Titipu, it would be my duty to denounce my dishonesty and give myself into my own...

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Conclusion

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pp. 203-210

...physicians”—marched seventeen clergymen. They “formed a very agreeable part of the procession,” Rush notes. “Pains were taken to connect Ministers of the most dissimilar religious principles together, thereby to show the influence of a free government in promoting Christian charity. The Rabbi of the Jews, locked in the arms of two ministers of the gospel, was a most delightful sight. There could...

Index

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pp. 211-222