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Full-Text Articles in Law
What O'Clock I Say: Juridical Epistemics And The Magisterium Of The Church, Robert Rodes
What O'Clock I Say: Juridical Epistemics And The Magisterium Of The Church, Robert Rodes
Robert Rodes
Legal pronouncements to the effect that such and such is the case can be divided into three categories, which the paper calls normative, constitutive, and epistemic. The paper defines these three legal categories, explores examples of each of in the law of the state, and then examines church pronouncements under the same categories to see what light the analogy of secular law can shed on them. The Church's assertions of authority regarding faith and morals are epistemic in nature. Epistemic pronouncements by authority, whether in Church or state, are binding on anyone who is not better informed than the author, …
The Last Days Of Erastianism: Forms In The American Church-State Nexus, Robert E. Rodes
The Last Days Of Erastianism: Forms In The American Church-State Nexus, Robert E. Rodes
Robert Rodes
In the long history of Christendom, an Erastian view of the relation between Church and State has existed in tension with a High Church view. This paper explores the current state of our current shopworn Erastian-like church-state nexus and considers what forces may bring a more relevant and effective institutional High Church witness into being. The fact that the United States has an Erastian-like church-state relation is borne out in a line of cases involving the judicial resolution of intra-church disputes and the effect to be given the mandates of ecclesiastical authority. It is also borne out in legislative and …
A Suggestion For The Renewal Of The Canon Law, Robert E. Rodes
A Suggestion For The Renewal Of The Canon Law, Robert E. Rodes
Robert Rodes
No abstract provided.
Pilgrim Law, Robert E. Rodes
An Overview Of The Scholarship In Law And Religion Of Judge John T. Noonan, Jr., Robert E. Rodes
An Overview Of The Scholarship In Law And Religion Of Judge John T. Noonan, Jr., Robert E. Rodes
Robert Rodes
No abstract provided.
Religious Education And The Historical Method Of Constitution Interpretation - A Review Article, Robert Rodes
Religious Education And The Historical Method Of Constitution Interpretation - A Review Article, Robert Rodes
Robert Rodes
No abstract provided.
Pluralist Establishment: Reflections On The English Experience, Robert E. Rodes
Pluralist Establishment: Reflections On The English Experience, Robert E. Rodes
Robert Rodes
England's historical and current synthesis of Church and State differs greatly from other European and American experiences. It contrasts sharply with the path taken by most states, which chose to cope with religious pluralism by privatizing religion and by trying to base public life on secular views of human nature. This paper reviews the unique inception, and continuance, of the church-state throughout English history. It also reviews the unique manner in which England chose to deal with religious pluralism while maintaining its established church. After reviewing the English experience of establishment of religion, this paper concludes that the total wall …