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Erastian And High Church Approaches To The Law: The Jurisprudential Categories Of Robert E. Rodes, Jr., M. Kaveny

M. Cathleen Kaveny

It is a great honor for me to have been asked to contribute to this issue of the Journal of Law and Religion focusing on the work of my colleague and friend, Robert E. Rodes, Jr. In June 2006, Professor Rodes celebrated his fiftieth anniversary as a member of the faculty of Notre Dame Law School. His long career has marked him as a founding father of interdisciplinary scholarship at the intersection of faith, law, and morality—the very sort of scholarship which this journal is dedicated to fostering and preserving.

The topics that Professor Rodes has considered over the years …

Erastian And High Church Approaches To The Functions And Methods Of The Law: Toward An Integration Of The Jurisprudential Categories Of Robert E. Rodes, Jr, M. Cathleen Kaveny

M. Cathleen Kaveny

No abstract provided.

Development Of Catholic Moral Doctrine: Probing The Subtext, M. Cathleen Kaveny

M. Cathleen Kaveny

No abstract provided.

Conjoined Twins And Catholic Moral Analysis: Extraordinary Means And Casuistical Consistency, M. Cathleen Kaveny

M. Cathleen Kaveny

This article draws upon the Roman Catholic distinction between “ordinary” and “extraordinary” means of medical treatment to analyze the case of “Jodie” and “Mary,” the Maltese conjoined twins whose surgical separation was ordered by the English courts over the objection of their Roman Catholic parents and Cormac Murphy-O’Connor, the Roman Catholic Cardinal Archbishop of Westminster. It attempts to shed light on the use of that distinction by surrogate decision makers with respect to incompetent patients. In addition, it critically analyzes various components of the distinction by comparing the reasoning used by Catholic moralists in this case with the reasoning used …

Religious Claims And The Dynamics Of Argument, M. Cathleen Kaveny

M. Cathleen Kaveny

This Article investigates the questions whether and when religious claims may enter into public debate about important political issues by considering the purposes of argument in the public square. These purposes include: (1) argument as self-disclosure; (2) argument as persuasion; and (3) argument as bulwark against engagement with the ideas of others. The Article argues that restrictions on the use of religious claims in public deliberations and discussion impede the legitimate functions of public argument as self-disclosing and persuasive activities. In contrast, such restrictions contribute to the use of argument as bulwark, which is arguably destructive to public deliberation in …

Listening For The Future In The Voices Of The Past: John T. Noonan, Jr. On Love And Power In Human History (Expanded Version), M. Cathleen Kaveny

M. Cathleen Kaveny

No abstract provided.