Law Commons^™

Prediction Theories Of Law And The Internal Point Of View, Michael S. Green

San Diego Law Review

In my remarks here, I will try to defend Claus’s iconoclastic tone by identifying the important difference between prediction theories of law and Hart’s. I start with a number of distinctions. By a prediction theory of law I mean a theory under which a statement about the law, such as “The Securities Exchange Act is valid law,” is a prediction of the behavior and attitudes of people in a community. In addition to offering this theory, Claus tacks on what I will call a prediction theory of lawmaking, under which the words uttered or written by lawmakers are themselves essentially …

Same-Sex Marriage And Religion: An Inappropriate Relationship, Brittney Baker

e-Research: A Journal of Undergraduate Work

The debate over same-sex marriage has been a prominent issue in our society over many years now, appearing in several ballot initiatives such as California's Proposition 8. The idea of allowing two people of the same gender to enter into the institution of marriage has brought out drastic emotions and reactions from many different groups of people. Those who engage in the debate believe strongly in their convictions; the two loudest voices tend to come from the gay community and the religious community, the former arguing in favor of same-sex marriage and the latter against it. Religious groups, predominantly from …

Religious Views As A Predictor Of Vote Choice, Erienne Plotkin

e-Research: A Journal of Undergraduate Work

This is a study of the relationship between the religious beliefs of people in the United States and their voting patterns. It is also a comparison between such results and that of more traditional voting predictors such as economic status or education level of voters. In general, there has been an apparent separation of church and state. More common predictors of voting behavior that have been used in the past are traditional demographics such as education levels and economic status. Although these traditional predictors are often accurate, religious belief and churches may play a greater, if insufficiently recognized role in …

Elite Leadership Of Opinion And The Public Polarization: The Same Sex Marriage Debate In The United States, Patricia Victorio

e-Research: A Journal of Undergraduate Work

The California Supreme Court made a landmark decision with the court case In re Marriage Cases (2008), legalizing same sex marriage within the state, and overturning the California Defense of Marriage Act (Proposition 22). With a swift decision the supreme court put the controversial issue of same sex marriage back in the media spot light. Outside of California, states such as Arizona also reopened the debate of same sex marriage. The Arizona legislature put this issue up for a vote in the Fall 2008 election. The Arizona ballot measure, Proposition 102, wanted to define marriage between one man and one …

Does Religion Have A Role In Criminal Sentencing?, Jack B. Weinstein

Touro Law Review

No abstract provided.

Because I Am, Ann M. Sasala

SURGE

Why?

“Because I am a Republican!”

Why?

“Because I am a Democrat!”

Why?

“Because I am a Christian!”

Why?

In America, religion and politics are not merely taboo dinner topics; it is strongly advised that you don’t discuss either one in nearly all situations. [excerpt]

Realities Of Religio-Legalism: Religious Courts And Women's Rights In Canada, The United Kingdom, And The United States, Anissa Helie, Marie Ashe

Publications and Research

Religio-legalism – the enforcement of religious law by specifically-religious courts that are tolerated or endorsed by civil government – has long operated against women’s interests in liberty and equality. In the 21st century, religious tribunals – Protestant, Catholic, Jewish, and Muslim – operate throughout the world. Almost all are male-dominated, patriarchal, and sex-discriminatory. Harms to women produced by Muslim or sharia courts have come into focus in recent years, but present realities of religio-legalism operating through Christian and Jewish – as well as Muslim – religious courts in Western nations have been under-examined.

This essay by Ashe and Helie documents …

Legitimation, Mark C. Modak-Truran

Mark C Modak-Truran

This article identifies three different conceptions of legitimation - pre-modern, modern, and post-secular - that compete both within and across national boundaries for the coveted prize of informing the social imaginary regarding how the government and the law should be legitimated in constitutional democracies. Pre-modern conceptions of legitimation consider governments and rulers legitimate if they are ordained by God or if the political system is ordered in accordance with the normative cosmic order. Contemporary proponents of the pre-modern conception range from those in the United States who maintain that the government has been legitimated by the “Judeo-Christian tradition” to those …

The Transformation Of An Empire To A Nation-State: From The Ottoman Empire To The Republic Of Turkey, Sarah R. Menzies

Scripps Senior Theses

The transformation of the Ottoman Empire to the Republic of Turkey involved reforming the government, redefining the relationship between the population and the ruling elite, and navigating ethnic and religious identities and how those identities affected the national identity. Unfortunately, these processes were accompanied by the suppression of religious and ethnic minorities, deportations, violence, and murder.

Entender Los Males Económicos Modernos A La Luz De La Doctrina Social Católica, Brian M. Mccall

Brian M McCall

In a general sense, St. Thomas Aquinas predicted the paralysis and chaos of the financial and economic systems in America and Europe which occurred in 2008, when he predicted that in a society where unjust exchanges dominate, eventually all exchanges will cease. St. Thomas also points out that although human law cannot prohibit all injustice, society cannot escape the consequences of transgressing the divine law which leaves “nothing unpunished.” Thus, at least part of the explanation for that crisis whose effects remain with us today lies in continuous violations of natural justice by our economic system. Neither one product nor …

Entender Los Males Economómicos Modernos A La Luz De La Doctrina Social Cátolica (Understanding Modern Economic Woes In Light Of Catholic Social Doctrine), Brian M. Mccall

Brian M McCall

En sentido general, Santo Tomás Aquino predijo la parálisis y el caos del sistema financiero económico en Estados Unidos y Europa que ocurrió en 2008, cuando predijo que en una sociedad donde los intercambios injustos dominan, eventualmente todos los intercambios podrán cesar. Santo Tomás también señala que aunque la ley humana no pueda prohibir todas las injusticias, la sociedad no puede escapar de las consecuencias de trasgredir la ley divina que no deja nada en la impunidad. Así, al menos una parte de la explicación para esta crisis cuyos efectos permanecen con nosotros en la actualidad se encuentra en las …