restricted access Glossary of Terms
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Glossary of Terms The following are specialized terms and the meanings associated with them in the present work. In some cases there are additional meanings or associations that can be found in a law, or other, dictionary. ACCOMMODATION ANALYSIS. Reconciles the FREE EXERCISE CLAUSE requirement that religious claims be given special treatment with the ESTABLISHMENT CLAUSE requirement of neutrality between religion and nonreligion . Maintains that implicit in the Establishment Clause is the duty to accommodate free exercise. ALTERNATE MEANS TEST. The government may not use religious means to accomplish !.ecular goals if alternate secular means are readily available and sufficient. BYPASS PROCEDURES. Judicial proceedings that enable minors who would otherwise have to notify or obtain consent from parents before having an abortion to avoid parental involvement. The judge must be convinced that the minor is mature enough to make her own abortion decision or that the abortion is in her own best interests. CONSCIENTIOUS OBJECTION. Refusal on grounds of religious principle to participate in war. CONSEQUENTIALISM. Moral reasoning that judges actions and omissions not by what is inherent in those actions or omissions, but by the further effects produced. CONSERVATIVE VIEW (of constitutional interpretation). The meaning of the Constitution today is (for the most part) the meaning understood by those who ratified it. COUNTERFACTUAL CONDITION. A state of affairs that does not obtain in fact but that could have obtained, for example, my presence at the office. I am 269 270 Glossary of Terms not there in fact but I could have been there at this time (had I decided to stay at work). CREATION SCIENCE. The theory that the earth is only several thousand years old, that all living species assumed their present form at roughly the same time, and that no species has ever evolved from or into a different species. DIANETICS. See SCIENTOLOGY. DICTUM. A judicial pronouncement in a legal decision not essential or integral to the decision's legal justification. DUE PROCESS OF LAw. Required in the United States by the FIFTH and FOURTEENTH AMENDMENT injunctions against depriving anyone "of life, liberty, or property, without due process of law." ECONOMIC SUBSTANTIVE DUE PROCESS. The view that the Due Process Clause of the FOURTEENTH AMENDMENT requires all commercial regulations that interfere with property rights or economic self-determination be essential to meet a compelling public need. Property rights and economic freedom are fundamental (constitutional) rights. EIGHTH AMENDMENT. Known primarily for its prohibition of "cruel and unusual punishments." EMBRYO. A fertilized human ovum (egg) from the time of implantation on the uterine wall (a week after fertilization) until about seven weeks after fertilization. EPISTEMOLOGICAL STANDARD. A standard for distinguishing religious from secular beliefs. Religious beliefs are those that cannot be established through cogent arguments employing only secular beliefs as premises. EPISTEMOLOGY. That branch of philosophy dealing with how we know, and how we could have come to know, what we claim to know. EQUAL PROTECTION OF THE LAWS. A guarantee in the FOURTEENTH AMENDMENT . No state may "deny to any person within its jurisdiction the equal protection of the laws." ESTABLISHMENT CLAUSE. Part of the FIRST AMENDMENT, where Congress is disallowed legislation "respecting an establishment of religion." ESTABLISHMENT CLAUSE APPROACH. The approach to abortion-related legislation based on the view that the personhood of fetuses twenty weeks or younger is a religious matter about which the government must remain neutral. ETHICAL CULTURE. An organization, tax exempt as religious, that does not include belief in the existence of God or any other specifically religious beliefs among its tenets. FETUS. A fertilized human ovum (egg) seven or more weeks after fertilization , but before birth. FIFTH AMENDMENT. Guarantees DUE PROCESS OF LAw and compensation for property taken, and disallows double jeopardy and forced self-incrimination in criminal matters. FIRST AMENDMENT. Guarantees freedoms of religion, speech, press, assembly and petition. Glossary of Term.~ 271 FOURTEENTH AMENDMENT. Noted especially for requIrIng states to accord people DUE PROCESS OF LAW and EQUAL PROTECTION OF THE LAWS. FOURTH AMENDMENT. Disallows unreasonable searches and seizures. FREE EXERCISE CLAUSE. A clause of the FIRST AMENDMENT guaranteeing free exercise of religion. INCORPORATION OF THE BILL OF RIGHTS. The application of most guarantees in the Bill of Rights to state legislation. The rights are considered aspects of the liberty guaranteed in the Due Process Clause of the FOUR TEENTH AMENDMENT. INHERENT WORTH. See INTRINSIC VALUE. INSTRUMENTAL VALUE. The value that something has because it promotes the existence of something else of value. INTRINSIC VALUE. The value that something has...