Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 24 of 24

Full-Text Articles in Law

An Opinion For The Ages, Bruce Ledewitz Dec 2013

An Opinion For The Ages, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


December 4, 2013: God Again, Or, Am I An Atheist?, Bruce Ledewitz Dec 2013

December 4, 2013: God Again, Or, Am I An Atheist?, Bruce Ledewitz

Hallowed Secularism

Blog post, “God Again, Or, Am I an Atheist?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Stretching Religious Liberty, Bruce Ledewitz Nov 2013

Stretching Religious Liberty, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


November 8, 2013: Legislative Prayer, Bruce Ledewitz Nov 2013

November 8, 2013: Legislative Prayer, Bruce Ledewitz

Hallowed Secularism

Blog post, “Legislative Prayer“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Fuller And Godel: Prophets Against The Evils Of Positivism: How The Natural Law Is Necessary To Provide Legal Meaning And Consistency, Henry James Garon Nov 2013

Fuller And Godel: Prophets Against The Evils Of Positivism: How The Natural Law Is Necessary To Provide Legal Meaning And Consistency, Henry James Garon

LLM Theses

Gödel showed that formal systems which discuss natural numbers cannot be complete or prove their own consistency. Incompleteness in this sense is limited to formal systems, and so is not applicable to law by it own terms.

Looking to the philosophy behind the Incompleteness Theorem, Gödel intended to show that positivism was a bankrupt world-view, and this resonates strongly with Lon Fuller. Fuller is analogous to Gödel in his condemnation of the positivist philosophy because he showed that a system of rules, by itself, was not capable of rendering judgments. A legal system is dependent upon an external morality, but …


August 9, 2013: The Christian Case Against Gay Marriage, Bruce Ledewitz Aug 2013

August 9, 2013: The Christian Case Against Gay Marriage, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Christian Case Against Gay Marriage“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


July 28, 2013: Pro-Life Liberalism, Bruce Ledewitz Jul 2013

July 28, 2013: Pro-Life Liberalism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Pro-Life Liberalism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


July 14, 2013: Political Grandstanding On Gay Marriage, Bruce Ledewitz Jul 2013

July 14, 2013: Political Grandstanding On Gay Marriage, Bruce Ledewitz

Hallowed Secularism

Blog post, “Political Grandstanding on Gay Marriage“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


July 11, 2013: Should We Discard The Constitution?, Bruce Ledewitz Jul 2013

July 11, 2013: Should We Discard The Constitution?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Should We Discard the Constitution?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


July 2, 2013: Is Opposition To Gay Marriage Irrational?, Bruce Ledewitz Jul 2013

July 2, 2013: Is Opposition To Gay Marriage Irrational?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Is Opposition to Gay Marriage Irrational?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


June 29, 2013: The Other Side Of The Us Supreme Court Decisions, Bruce Ledewitz Jun 2013

June 29, 2013: The Other Side Of The Us Supreme Court Decisions, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Other Side of the US Supreme Court Decisions“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


The Real Legal Realism, Michael S. Green Jun 2013

The Real Legal Realism, Michael S. Green

Popular Media

No abstract provided.


Felix Cohen On Legislation, Michael S. Green Jun 2013

Felix Cohen On Legislation, Michael S. Green

Faculty Publications

Felix Cohen's and Walter Wheeler Cook's prediction theory of law was a fundamentally positivist theory, according to which the law of a jurisdiction is reducible to regularities of official behavior. Cohen used the prediction theory to argue for philosophical anarchism - that is, the view that the existence of law does not entail a duty, even a prima facie duty, of obedience. In particular, Cohen extended philosophical anarchism to adjudication. The fact that officials in a jurisdiction regularly behave in a certain way does not give a judge adjudicating a case a moral reason to do the same. In deciding …


May 16, 2013: Was Schempp Such A Triumph?, Bruce Ledewitz May 2013

May 16, 2013: Was Schempp Such A Triumph?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Was Schempp Such a Triumph?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


May 9, 2013: Secular Discomfort At Shaming, Bruce Ledewitz May 2013

May 9, 2013: Secular Discomfort At Shaming, Bruce Ledewitz

Hallowed Secularism

Blog post, “Secular Discomfort at Shaming“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


April 21, 2013: The Third Church/State Issues Symposium In Philadelphia, Bruce Ledewitz Apr 2013

April 21, 2013: The Third Church/State Issues Symposium In Philadelphia, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Third Church/State Issues Symposium in Philadelphia“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


April 13, 2013: Cherry Picking Religious Liberty, Bruce Ledewitz Apr 2013

April 13, 2013: Cherry Picking Religious Liberty, Bruce Ledewitz

Hallowed Secularism

Blog post, “Cherry Picking Religious Liberty“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Pennsylvania’S Supreme Court, Still Broken, Bruce Ledewitz Mar 2013

Pennsylvania’S Supreme Court, Still Broken, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


March 10, 2013: The Executioner In Chief, Bruce Ledewitz Mar 2013

March 10, 2013: The Executioner In Chief, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Executioner in Chief“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


February 16, 2013: No One Believes In Separation Of Church And State, Bruce Ledewitz Feb 2013

February 16, 2013: No One Believes In Separation Of Church And State, Bruce Ledewitz

Hallowed Secularism

Blog post, “No One Believes in Separation of Church and State“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


February 12, 2013: The Absurdity Of Corporate Religious Freedom, Bruce Ledewitz Feb 2013

February 12, 2013: The Absurdity Of Corporate Religious Freedom, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Absurdity of Corporate Religious Freedom“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


February 3, 2013: The Response To Obama’S Contraception Initiative, Bruce Ledewitz Feb 2013

February 3, 2013: The Response To Obama’S Contraception Initiative, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Response to Obama’s Contraception Initiative“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


January 24, 2013: What Was President Obama’S Speech About?, Bruce Ledewitz Jan 2013

January 24, 2013: What Was President Obama’S Speech About?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What Was President Obama’s Speech About?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


January 17, 2013: I Agree With Some Of The Words Of Pastor Louie Giglio, Bruce Ledewitz Jan 2013

January 17, 2013: I Agree With Some Of The Words Of Pastor Louie Giglio, Bruce Ledewitz

Hallowed Secularism

Blog post, “I Agree With Some of the Words of Pastor Louie Giglio“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.