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Articles 1 - 30 of 78
Full-Text Articles in Arts and Humanities
Salt, Smurthwaite, And Smith: The Origins Of The Modern Legal Identity Of The Church Of Jesus Christ Of Latter-Day Saints, Nathan B. Oman
Salt, Smurthwaite, And Smith: The Origins Of The Modern Legal Identity Of The Church Of Jesus Christ Of Latter-Day Saints, Nathan B. Oman
Faculty Publications
In 2019 there existed a legal entity known as The Church of Jesus Christ of Latter-day Saints. This fact will likely strike most readers as unexceptional. More interesting, however, prior to 2019 there had been no such legal entity as the Church of Jesus Christ of Latter-day Saints for over 150 years, the last of that name likely having been disincorporated in 1862. Even more strangely, although there were millions of people around the globe who identified themselves as Latter-day Saints, in 2019 the only member of the legal entity known as The Church of Jesus Christ of Latter-day Saints …
Civil Disobedience In Latter-Day Saint Thought, Nathan B. Oman
Civil Disobedience In Latter-Day Saint Thought, Nathan B. Oman
Faculty Publications
The twelfth article of faith declares, “We believe in being subject to kings, presidents, rulers, and magistrates, in obeying, honoring, and sustaining the law” (A of F 1:12). On its face, this statement seems to be an unqualified acceptance of legal authority, one that would suggest that Latter-day Saints ought to shun civil disobedience. However, a closer look at Restoration scripture, teachings, and experience reveals a more complicated picture. To be sure, law-abidingness has long been central to the Saints’ identity, particularly in the twentieth and twenty-first centuries, and like the New Testament, Restoration scripture generally accepts the need to …
International Legal Experience And The Mormon Theology Of The State, 1945-2012, Nathan B. Oman
International Legal Experience And The Mormon Theology Of The State, 1945-2012, Nathan B. Oman
Faculty Publications
No abstract provided.
Book Review Of New Perspectives In Mormon Studies: Creating And Crossing Boundaries, Nathan B. Oman
Book Review Of New Perspectives In Mormon Studies: Creating And Crossing Boundaries, Nathan B. Oman
Faculty Publications
No abstract provided.
Eternal Recurrence In A Neo-Kantian Context, Michael S. Green
Eternal Recurrence In A Neo-Kantian Context, Michael S. Green
Faculty Publications
In this essay, I argue that someone who adopted a falsificationism of the sort that I have attributed to Nietzsche would be attracted to the doctrine of eternal recurrence. For Nietzsche, to think the becoming revealed through the senses means falsifying it through being. But the eternal recurrence offers the possibility of thinking becoming without falsification. I then argue that someone who held Nietzsche’s falsificationism would see in human agency a conflict between being and becoming similar to that in empirical judgment. In the light of this conflict only the eternal recurrence would offer the possibility of truly affirming life. …
English Justices And Roman Jurists: The Civilian Learning Behind England's First Case Law, Thomas J. Mcsweeney
English Justices And Roman Jurists: The Civilian Learning Behind England's First Case Law, Thomas J. Mcsweeney
Faculty Publications
Article looks at a historical problem—the first use of case law by English royal justices in the thirteenth century—and makes it a starting point for thinking about the ways legal reasoning works in the modern common law. In the first Part of the Article, I show that, at its origin, the English justices’ use of decided cases as a source of law was inspired by the work civil and canon law scholars were doing with written authorities in the medieval universities. In an attempt to make the case that English law was on par with civil law and canon law, …
Mordred Had A Good Point, Nathan B. Oman
"The Living Oracles": Legal Interpretation And Mormon Thought, Nathan B. Oman
"The Living Oracles": Legal Interpretation And Mormon Thought, Nathan B. Oman
Faculty Publications
No abstract provided.
Preaching To The Court House And Judging In The Temple, Nathan B. Oman
Preaching To The Court House And Judging In The Temple, Nathan B. Oman
Faculty Publications
No abstract provided.
The Scholar As Celebrant, Nathan B. Oman
Book Review Of Faiths Of The Founding Fathers, Davison M. Douglas
Book Review Of Faiths Of The Founding Fathers, Davison M. Douglas
Faculty Publications
No abstract provided.
A Defense Of The Authority Of Church Doctrine, Nathan B. Oman
A Defense Of The Authority Of Church Doctrine, Nathan B. Oman
Faculty Publications
No abstract provided.
Jurisprudence And The Problem Of Church Doctrine, Nathan B. Oman
Jurisprudence And The Problem Of Church Doctrine, Nathan B. Oman
Faculty Publications
No abstract provided.
The Discourse Beneath: Emotional Epistemology In Legal Deliberation And Negotiation, Erin Ryan
The Discourse Beneath: Emotional Epistemology In Legal Deliberation And Negotiation, Erin Ryan
Faculty Publications
No abstract provided.
Nietzsche’S Place In Nineteenth Century German Philosophy, Michael S. Green
Nietzsche’S Place In Nineteenth Century German Philosophy, Michael S. Green
Faculty Publications
No abstract provided.
"Secret Combinations": A Legal Analysis, Nathan B. Oman
"Secret Combinations": A Legal Analysis, Nathan B. Oman
Faculty Publications
No abstract provided.
Dworkin's Fallacy, Or What The Philosophy Of Language Can't Teach Us About The Law, Michael S. Green
Dworkin's Fallacy, Or What The Philosophy Of Language Can't Teach Us About The Law, Michael S. Green
Faculty Publications
No abstract provided.
Book Review Of Sarah Barringer Gordon's The Mormon Question: Polygamy And Constitutional Conflict In Nineteenth-Century America, Nathan B. Oman
Book Review Of Sarah Barringer Gordon's The Mormon Question: Polygamy And Constitutional Conflict In Nineteenth-Century America, Nathan B. Oman
Faculty Publications
No abstract provided.
"Out Of Zion Shall Go Forth The Law", Nathan B. Oman
"Out Of Zion Shall Go Forth The Law", Nathan B. Oman
Faculty Publications
No abstract provided.
Harlot's Ghost And Jfk: A Fictional Conservation With Norman Mailer, Oliver Stone, Earl Warren, And Hugo Black, Rodney A. Smolla
Harlot's Ghost And Jfk: A Fictional Conservation With Norman Mailer, Oliver Stone, Earl Warren, And Hugo Black, Rodney A. Smolla
Faculty Publications
No abstract provided.
An Interested Response To A Wholly Disinterested Assessment: Lebel On Summers On Lebel On Summers On. . .Er. . .Um. . .Oh, Yeah. . .Fuller, Paul A. Lebel
Faculty Publications
No abstract provided.
Accommodating Employees' Sabbaths: Is It The Government's Job?, Neal Devins
Accommodating Employees' Sabbaths: Is It The Government's Job?, Neal Devins
Faculty Publications
No abstract provided.
The Present State Of Europe, N. Beverley Tucker
The Present State Of Europe, N. Beverley Tucker
Faculty Publications
No abstract provided.
Book Review Of The History Of England, From The Accession Of James Ii, N. Beverley Tucker
Book Review Of The History Of England, From The Accession Of James Ii, N. Beverley Tucker
Faculty Publications
No abstract provided.
Brief Epistles, Lucian Minor
Greek Odes--Again, Lucian Minor
Greek Odes, Lucian Minor
Gertrude (Chapters 24-25), N. Beverley Tucker
Gertrude (Chapters 24-25), N. Beverley Tucker
Faculty Publications
No abstract provided.
Gertrude (Chapter 23), N. Beverley Tucker
Gertrude (Chapters 20-22), N. Beverley Tucker
Gertrude (Chapters 20-22), N. Beverley Tucker
Faculty Publications
No abstract provided.