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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 …
Who Owns The Soul Of The Child?: An Essay On Religious Parenting Rights And The Enfranchisement Of The Child, Jeffrey Shulman
Who Owns The Soul Of The Child?: An Essay On Religious Parenting Rights And The Enfranchisement Of The Child, Jeffrey Shulman
Georgetown Law Faculty Publications and Other Works
At common law, and (for most of the nation's history) under state statutory regimes, the authority of the parent to direct the child's upbringing was a matter of duty, not right, and chief among parental obligations was the duty to provide the child with a suitable education. It has long been a legal commonplace that at common law the parent had a "sacred right" to the custody of his or her child, that the parent's right to control the upbringing of the child was almost absolute. But this reading of the law is sorely anachronistic, less history than advocacy on …