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Secular Not Secularist America, Michael Scaperlanda
Secular Not Secularist America, Michael Scaperlanda
Campbell Law Review
Other contributors to this symposium see "liberalism"' as the problem and "God" as the solution.' To a large extent, Ithink they have it backwards. "God" is the problem to which "liberalism" provides a particularly creative solution. Power hates a rival,' and God - or allegiance to an all-embracing monotheistic God - poses a significant threat to power because the wild faith of the martyr cannot be tamed by civil authority.
Enlightenment Liberalism, Lawyers, And The Future Of Lawyer-Client Relations, Robert F. Cochran Jr.
Enlightenment Liberalism, Lawyers, And The Future Of Lawyer-Client Relations, Robert F. Cochran Jr.
Campbell Law Review
I am going to address, from a Christian perspective, liberalism's relationship to the role and responsibility of the lawyer. Whether a United States lawyer could define Enlightenment liberalism or not, it is likely that the role he or she plays as an attorney every day was in large part shaped by liberalism's focus on individual autonomy. At the request of the conference organizers, I am also going to reflect on the future of lawyerclient relations.
Religion And The Purification Of Reason: Why The Liberal State Requires More Than Simple Tolerance, John M. Breen
Religion And The Purification Of Reason: Why The Liberal State Requires More Than Simple Tolerance, John M. Breen
Campbell Law Review
What could Pope Benedict possibly mean by the astounding claim that reason in public discourse must be "purified" by religion? What does he mean in saying that religion has a "corrective" role to play in the political process? In the essay that follows, first, I explore the meaning of this provocative passage as elucidated in the other documents of Benedict's papacy, in the work of Joseph Ratzinger prior to his election as pope, and in the larger body of papal encyclicals, conciliar documents and episcopal statements collectively known as "Catholic social teaching." Second, I will show how much of what …
"Causing The Blood To Flow Where I Touched Him" - Liberalism, Constitutionalism, Christianity, And The "War" At Covey Farm, Anthony V. Baker
"Causing The Blood To Flow Where I Touched Him" - Liberalism, Constitutionalism, Christianity, And The "War" At Covey Farm, Anthony V. Baker
Campbell Law Review
I will begin my critique by going directly to the source here, the famous Philadelphia Constitutional Convention of 1787, and ask us to look somewhat carefully at the work of the "founders" there, in considering the ultimate integrity of the product they fashioned and the world they "created." That they gave us a classical liberal wonder, with tenets of that philosophy writ large in government for the very first time, is undeniable, though it will be submitted that they gave us "something else" as well. It is right for us then to explore that "something else," not abstractly, through ideas, …
Is Modern Legal Liberalism Still Compatible With Free Exercise Of Religion?, Donald R. Mcconnell
Is Modern Legal Liberalism Still Compatible With Free Exercise Of Religion?, Donald R. Mcconnell
Campbell Law Review
Classic liberal legal thought has clearly been shaped by the influence of Christianity. But in recent years, the movement, like ancient Gnosticism, has some Christian elements, but has become a decidedly anti-Christian force in the courts. This comparison tracks well with the analysis of other parallel modern intellectual movements by the political scientist Eric Voegelin. It is also supported by current events such as the recent Federal District Court opinion by Chief Judge Vaughn Walker in Perry v. Schwartzenegger. Liberalism has transformed from an attempt at neutrality, to an established religion that not only promotes its own perverse version of …
Looking For Bedrock: Accounting For Human Rights In Classical Liberalism, Modern Secularism, And The Christian Tradition, C. Scott Pryor
Looking For Bedrock: Accounting For Human Rights In Classical Liberalism, Modern Secularism, And The Christian Tradition, C. Scott Pryor
Campbell Law Review
Part I of this Article looks to the history of foundations of human rights from late pre-modern times to the late-eighteenth century Founding era in America. The focus of the discussion of this era will be on two dominant strands of rights talk in America, Protestant Christian and Enlightenment. From two views operating side-by-side in the last decades of the eighteenth century, Part II will examine the contemporary ambivalence of many Christians, particularly those identified as Evangelicals, about the contemporary human rights movement. Part III addresses a specifically Christian foundation for human rights that can dispel some of the concerns …
Is Constitutionalism Liberal?, Bruce P. Frohnen
Is Constitutionalism Liberal?, Bruce P. Frohnen
Campbell Law Review
Let me begin with the obvious: I am not claiming that any scholar, or educated person, believes that the only constitutions that have ever existed have been liberal. Everyone knows or should know that, for example, the Greek constitutions of Solon, Lycurgus, and others discussed in Aristotle's Politics predate liberalism by many centuries.' Moreover, constitutions come in a wide variety of forms, and many of these, whether written or unwritten, have explicitly been illiberal. What I maintain is that there is a prejudice among lawyers in particular that constitutions must be liberal in order to be worthy of the name. …
Liberalism: A Religious-Dependent Faith, Barry Alan Shain
Liberalism: A Religious-Dependent Faith, Barry Alan Shain
Campbell Law Review
Contemporary liberalism, both its American variant as well as its classical and European cousins,' is often thought of as a secular political philosophy with little in common with various religious faiths, least of all Christianity. Indeed, many of liberalism's most famous adherents, past and present, have taken a certain pride in distancing themselves from Christianity, most especially and perversely, Roman Catholicism.' Yet, such views may be mistaken in having ignored the fundamentally faithbased grounding of contemporary liberalism: first, its optimistic metaphysics makes it possible for its adherents to ignore human sin and to assume that individual self-love and corporate other-love …