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Articles 1 - 8 of 8
Full-Text Articles in Law
John The Theologian: Towards Integrating Law And Religion, Gordon T. Butler
John The Theologian: Towards Integrating Law And Religion, Gordon T. Butler
Faculty Articles
No abstract provided.
There Are No Ordinary People: Christian Humanism And Christian Legal Thought, Richard W. Garnett
There Are No Ordinary People: Christian Humanism And Christian Legal Thought, Richard W. Garnett
Journal Articles
This short essay is a contribution to a volume celebrating a new casebook, "Christian Legal Thought: Materials and Cases", edited by Profs. Patrick McKinley Brennan and William S. Brewbaker.
Avoiding Religious Apartheid: Affording Equal Treatment For Student-Initiated Religious Expression In Public Schools , John W. Whitehead
Avoiding Religious Apartheid: Affording Equal Treatment For Student-Initiated Religious Expression In Public Schools , John W. Whitehead
Pepperdine Law Review
No abstract provided.
To Teach And Persuade, Sherman J. Clark
Seeking An Islamic Reflective Equilibrium: A Response To Abdullahi A. An-Na'im’S Complementary, Not Competing, Claims Of Law And Religion: An Islamic Perspective, Mohammad H. Fadel
Seeking An Islamic Reflective Equilibrium: A Response To Abdullahi A. An-Na'im’S Complementary, Not Competing, Claims Of Law And Religion: An Islamic Perspective, Mohammad H. Fadel
Pepperdine Law Review
Professor 'Abdallahi Na'im argues that there can be no conflict between religion and the state because religion and politics are part of different normative orders, and thus it is not conceivable that a conflict can arise between them. I argue that Na'im's solution to the problematic relationship of religion to state shares the same conceptual terrain as separationism in American constitutional law, a position which has grown increasingly untenable as a result of the increasing religious pluralism in the United States and the expansion of the government into areas of life in a manner that would have been inconceivable even …
Hauerwasian Christian Legal Theory, David A. Skeel Jr.
Hauerwasian Christian Legal Theory, David A. Skeel Jr.
All Faculty Scholarship
This Essay, which was written for a Law and Contemporary Problems symposium on Stanley Hauerwas, tries to develop an account of public engagement in Hauerwas’ theology. The Essay distinguishes between two kinds of public engagement, “prophetic” and “participatory.” Christian engagement is prophetic when it criticizes or condemns the state, often by urging the state to honor or alter its true principles. In participatory engagement, by contrast, the church intervenes more directly in the political process, as when it works with lawmakers or mobilizes grass roots action. Prophetic engagement is often one-off; participatory engagement is more sustained. Because they worry intensely …
Reason To Ratify: The Influence Of John Locke's Religious Beliefs On The Creation And Adoption Of The United States Constitution, David L. Wardle
Reason To Ratify: The Influence Of John Locke's Religious Beliefs On The Creation And Adoption Of The United States Constitution, David L. Wardle
Seattle University Law Review
The pervasive influence of Lockean religious convictions motivated the framers of the Constitution to establish a new form of government, provided the theoretical basis for the document itself, and inspired its popular ratification. Part II will lay the groundwork for this thesis by outlining Locke's life and sources of his religious beliefs. Part III will undertake a more substantive examination of Locke's opinions and the writings that memorialized them. Establishing how Lockean ideas of natural law, social contract, and reason are related to the inspiration, drafting, and acceptance of the Constitution takes place in Part IV, before the article's conclusion …
Secular Fundamentalism, Religious Fundamentalism, And The Search For Truth In Contemporary America, Daniel O. Conkle
Secular Fundamentalism, Religious Fundamentalism, And The Search For Truth In Contemporary America, Daniel O. Conkle
Articles by Maurer Faculty
In this article, I suggest that America's ongoing culture war is a product, in part, of an epistemic crisis that confounds our collective search for truth. In a previous article addressing aspects of this topic, I expressed concerns about religious fundamentalism. Here, I explore the ways in which secular thinking might likewise be described as "fundamentalist." In particular, I discuss secular fundamentalism in textual interpretation, secular fundamentalism in the form of political liberalism, and comprehensive secular fundamentalism, which extends to private questions of truth. I then discuss the various problems - not only political, but also theological - that are …