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When Prayer Fails: Faith Healing, Children, and the Law
 
 
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When Prayer Fails: Faith Healing, Children, and the Law [Hardcover]

Shawn Francis Peters (Author)
5.0 out of 5 stars  See all reviews (3 customer reviews)

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Book Description

019530635X 978-0195306354 November 14, 2007
Relying on religious traditions that are as old as their faith itself, many devout Christians turn to prayer rather than medicine when their children fall victim to illness or injury. Faith healers claim that their practices are effective in restoring health - more effective, they say, than modern medicine. But, over the past century, hundreds of children have died after being denied the basic medical treatments furnished by physicians because of their parents' intense religious beliefs. The tragic deaths of these youngsters have received intense scrutiny from both the news media and public authorities seeking to protect the health and welfare of children.

When Prayer Fails: Faith Healing, Children, and the Law is the first book to fully examine the complex web of legal and ethical questions that arise when criminal prosecutions are mounted against parents whose children die as a result of the phenomenon known by experts as religion-based medical neglect. Do constitutional protections for religious liberty shield parents who fail to provide adequate medical treatment for their sick children? Are parents likewise shielded by state child-neglect faith laws that seem to include exemptions for healing practices? What purpose do prosecutions really serve when it's clear that many deeply religious parents harbor no fear of temporal punishment? Peters offers a review of important legal cases in both England and America from the 19th century to the present day. He devotes special attention to cases involving Christian Science, the source of many religion-based medical neglect deaths, but also considers cases arising from the refusal of Jehovah's witnesses to allow blood transfusions or inoculations. Individual cases dating back to the mid-19th century illuminate not only the legal issues at stake but also the profound human drama of religion-based medical neglect of children.

Based on a wide array of primary and secondary source materials - among them judicial opinions, trial transcripts, police and medical examiner reports, news accounts, personal interviews, and scholarly studies - this book explores efforts by the legal system to balance judicial protections for the religious liberty of faith-healers against the state's obligation to safeguard the rights of children.

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Editorial Reviews

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"What happens when strong commitments to religious freedom and child protection clash? In this carefully researched and gracefully written book, Shawn Peters tells the tragic stories of children whose parents and spiritual leaders sacrificed them in the name of God. Drawing on a wide range of examples--from Christian Scientists, Jehovah's Witnesses, and Pentecostals to the little-known Peculiar People--Peters empathetically shows how the legal system has struggled to adjudicate the conflicting claims of believers and prosecutors." --Ronald L. Numbers, University of Wisconsin-Madison


"For more than a century, prosecutors have tried to bring to justice those who honestly believed that only God can heal, who rejected any recourse to doctors, and whose children died tragically and painfully as a result. Peters' wonderful narrative is scrupulously fair to both the faithful and the forces of law and medicine. This is a fascinating, thorough, and beautifully written story of the clash between the way of life of a religious minority, and the legal order of the society in which they lived." --Lawrence Friedman, Stanford University


"As Shawn Peters demonstrates with vivid and disturbing detail, the relationship between religion and child welfare in America is hardly straightforward. Examining the history of how judges and juries have decided between parents' rights to religious freedom and their responsibility for medical neglect of their dead children, Peters argues that such extreme cases may be only the tip of the iceberg of religiously based rejection of medicine in the U.S. Historians of American culture will welcome this carefully balanced and well-researched history, and its portrayal of the enormous respect for religion that pervades the American judicial system." --Amanda Porterfield, author of Healing in the History of Christianity


"Peters' accounts of the legal battles in numerous states present an incisive analysis of the extent to which the "universal" rights of parents and children are contingent on local politics and the power of lobbying. In this way, he provides a vivid, almost anthropological account of the juridification of US Society."--Times Higher Education


"A concise book on a compelling topic... Peter's lucid examination of the cases makes for fascinating reading. Not of least importance, the young and vulnerable victims at the center of the heart-wrenching stories he relates should compel our concern with this topic." --Journal of American History


"Peter's book is...an excellent resource on faith-based healing, or lack thereof, and the law. It is expertly written and will be of interest both to First Amendment scholars as well as to non-academic readers with an interest in religious liberties, the care of children and the law. ...[S]tudents will also be drawn into Peters' excellent writing and storytelling throughout his account. I highly recommend the book." --Law and Politics Book Review


"[An] important book." --The Humanist


"Peters presents a compelling portrait of the tragic extremeties of faith healing with more persistence." --Church History


About the Author


Shawn Francis Peters teaches writing and U.S. history at the University of Wisconsin-Madison

Product Details

  • Hardcover: 272 pages
  • Publisher: Oxford University Press, USA (November 14, 2007)
  • Language: English
  • ISBN-10: 019530635X
  • ISBN-13: 978-0195306354
  • Product Dimensions: 9.4 x 6.5 x 0.7 inches
  • Shipping Weight: 1.2 pounds (View shipping rates and policies)
  • Average Customer Review: 5.0 out of 5 stars  See all reviews (3 customer reviews)
  • Amazon Best Sellers Rank: #1,424,018 in Books (See Top 100 in Books)

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7 of 7 people found the following review helpful:
5.0 out of 5 stars When Prayer Fails, March 16, 2009
This review is from: When Prayer Fails: Faith Healing, Children, and the Law (Hardcover)
When Prayer Fails: Faith Healing, Children, and the Law, by Shawn Francis Peters, looks at the legal limits of religious freedom in the United States when applied to faith healing in relation to children. While the right to refuse medical treatment due to devout religious beliefs is acceptable in adults, what happens when the children of those who practice these beliefs are also denied medical treatment? The answer is hundreds of unnecessary casualties. Peters' book looks at the origin and history of faith healing, its many young victims and how the law and juries have struggled for centuries trying to advocate a child's right to medical care.
The right to religious freedom has long been a cherished value in the United States, but the first amendment has been used since its creation as justification for the intentional withholding of medical treatment from children. Peters shows the many religious sects and their followers that have come on trial, both in court and public opinion, for the hundreds of deaths of children who were treated with prayer, anointment, and the laying of hands alone. Peters takes the reader through the history of faith healing and the resulting court cases of neglect and manslaughter that accompany it.
Starting with the Peculiar People, a religious group based in Britain in the mid 1800s, the reader is shown dozens of different gruesome child deaths and court cases. Most memorable is the Wagstaffe case of 1868, in which a couple was charged with manslaughter after their 14 month old daughter died of a lung infection after being treated with only prayer and anointment. While the common-law of the time did not encompass medical negligence for the charge of manslaughter and the couple was acquitted, the result was the first law pertaining specifically to the rights of children in the form of provided food, shelter, clothing, and medical aid from their parents. It would take another decade for this law to be upheld in court cases against the Peculiar People, and many of the members continued to come on trial for the deaths of their children despite the known legal consequences. This law would be later used in US courts as precedent in similar cases.
Next Peters takes a look at the migration of faith healing to the United States and the reform in laws protecting children that took place during the mid to late 1800s, such as the beginning of government intervention in cases of neglect and abuse. John Alexander Dowie is one of the main figures responsible for the dramatic rise in faith healing in the United States. Migrating to Chicago from Sydney, Australia, Dowie and his ministry vehemently refuted medicine and practiced healing strictly from a narrow interpretation of the Epistle of James. Dowie and his followers were in and out of the US courts throughout the 1890s and early 1900s, with courts struggling to hold any type of conviction. Public opinion, however, condemned Dowie as a fraud and he was eventually forced to leave Chicago. It was one of his followers' cases, Peirson v. United States, which was one of the first charges of manslaughter due to medical neglect to hold up in court.
The book also looks at other and more current faith healing religions, such as Mary Baker Eddy's Christian Science, Pentecostals, and Jehovah's Witnesses who specifically eschew blood transfusions and inoculations. In one of the most famous cases, Prince v. Massachusetts, the law established limitations between religious liberty and the duties and rights of parents in regard to their children. Many other revolutionary cases are shown along the way. A common thread in the trials seen throughout the book is the defense of those charged. In almost every trial, the defendants either claim ignorance of laws pertaining to medical negligence of children, religious persecution, or the right of a parent to govern their child as they see fit. Another common trend is the sincerity of the many defendants' beliefs, which has resulted in lenient sentences and sympathetic juries. This has led to unenforced laws and more violators. Furthermore, the tendency for the defendants to appeal guilty verdicts has caused many cases to be dropped or reversed.
The book both begins and ends with cases that occurred less than 30 years ago and while legislatures have come a long way, one thing remains: the needless suffering and dying of children due to their parents' credulity to faith healing and denial of modern medicine. Today there are still many young victims who are dying for a belief system that they are too young to understand. As of 2008, when the book was written, there were still several states that had yet to reform or pass laws preventing these needless faith healing casualties in children.
This book is incredibly informative, but it is certainly not for the weak of heart. The entire book recounts hundreds of deaths of children, which are both gruesome and incredibly painful. The frustration of the author with the parents of these child victims is tangible and is easily understood and transferred to the reader. It is hard to believe that parents would deny their children medicine and consequently watch them die of diseases that could most likely be cured with modern or even early medicine. Furthermore, there are numerous examples and court cases that show parents who have lost multiple children to diseases treated with faith healing, and yet they cling to their narrow interpretation of faith. These parents not only have caused the deaths of their children, but have exposed entire communities to highly contagious diseases by not following quarantine regulations or notifying the proper authorities. Their apparent ignorance or refusal to comprehend and follow necessary laws that protect not only their children but the surrounding community is exasperating and distressing. The book is incredibly well-written and thoroughly researched on a topic that has not received enough attention in recent years.
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2 of 2 people found the following review helpful:
5.0 out of 5 stars Excellent treatment of a fascinating, but largely unknown problem, September 5, 2009
This review is from: When Prayer Fails: Faith Healing, Children, and the Law (Hardcover)
This book discusses the practice of religious healing in various forms, focusing mainly on those practices that deprive children of medical treatment. It covers not only Christian Science, but also several lesser known churches, nearly all of which exist in some form today. It contains a wealth of historical information on faith healing, including its theological foundation in Christianity, the legal conflict between faith healing and child abuse, and efforts to remove religious exemptions from child neglect laws. For me, the most interesting part discusses modern attempts to prove the efficacy of prayer in medicine.

The potential buyer is warned that the subject matter can be quite disturbing. The author presents a long series of grisly examples in which children suffered horrible deaths for lack of basic medical treatment. They span approximately the last 150 years and include some very recent cases.

The book is very well written, though at times it gets a little repetitive. For example, after the first few mentions, the reader no longer needs to be reminded about the healing techniques mentioned in the epistle of James or that CHILD is an advocacy group. It is a very quick, but also gut-wrenching, read that presents numerous intellectual challenges.
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1 of 1 people found the following review helpful:
5.0 out of 5 stars A must read for anyone interested in faith healing and children, August 10, 2011
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This review is from: When Prayer Fails: Faith Healing, Children, and the Law (Hardcover)
In When Prayer Fails, Shawn Francis Peters sheds light on an important but little known aspect of American religiosity. The theme of this book as well as the scope of the issues examined are spelled out in the first chapter: "Harrowing incidents of religion-based medical neglect - in which parents, adhering to the doctrines of their faiths, refuse to furnish medical care to their ailing children - are not unique to a single church or a particular geographical area. Since the late nineteenth century, this phenomenon has imperiled the youngest most vulnerable members of a variety of religious faiths in every region of the United States. From Massachusetts to California, hundreds of children have died...in agony, and aided by little more than the ardent bedside prayers of their parents and fellow church members."

Peters does an excellent job compiling case histories of faith healing and children and placing them in a socio-historical-legal perspective. In the tenth and final chapter, "We Need to Change the Statute - The Promise (and Limits) of Statutory Reform," he provides a detailed view of the legal issues and battles fought between those who would increase the legal protections for children against religion-based medical neglect, and the religious forces that would maintain the status quo.

When Prayer Fails is a thoroughly researched, well written book on an important subject that has received far too little attention from both social scientists and the media. For anyone interested in faith healing and children it's a must read.




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Inside This Book (learn more)
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
pointless and preventable, based medical neglect, many spiritual healers, patient here and there, neglect statutes, any among you sick, felony child abuse, religious exemptions, measles outbreak, healing revival, sincere religious beliefs, cure everyone, adequate medical treatment
Key Phrases - Capitalized Phrases (CAPs): (learn more)
Christian Science, Christian Scientists, Peculiar People, Faith Tabernacle, Epistle of James, Loyd Hays, Rebecca Corneau, Church of the First Born, New York, United States, First Amendment, Supreme Court, Oregon City, John Alexander Dowie, Faith Assembly, Mary Baker Eddy, The Body, Jehovah's Witnesses, Ray Hemphill, Michael Heilman, Rita Swan, Poor Law Amendment Act, New Testament, World War, Susan Heilman
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