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Legal History

Brigham Young University Journal of Public Law

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Full-Text Articles in Family Law

The Forgotten Founding Document: Considering The Ends Of The Law, A. Scott Loveless Mar 2013

The Forgotten Founding Document: Considering The Ends Of The Law, A. Scott Loveless

Brigham Young University Journal of Public Law

On the difficult moral issues confronting the judiciary today, a long overlooked bit of guidance is provided in the Declaration of Independence, natural law. This paper discusses the moral foundations of the Constitution and their relation to positive law, primarily addressing "same-sex marriage" in the context of Proposition 8 in California, but broadly applicable to other moral/legal conflicts such as abortion and the display of religious texts on public grounds, such as the Ten Commandments. It also challenges the judicial activism evident in many such cases as a judicial violation of the requirements of substantive due process.


Legal Policy, Technique And Research In Family Law—Some Comparative Aspects, Anders Agell May 1993

Legal Policy, Technique And Research In Family Law—Some Comparative Aspects, Anders Agell

Brigham Young University Journal of Public Law

No abstract provided.