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Full-Text Articles in Legal History
Religion And The Alien Tort Statute, Chad G. Marzen
Religion And The Alien Tort Statute, Chad G. Marzen
Chad G. Marzen
The paper generally discusses the relationship between religion and the Alien Tort Statute.
Protecting Statements In Catholic Tribunal Proceedings Under The Priest-Penitent Privilege: Cimijotti V. Paulsen Considered, Chad G. Marzen
Protecting Statements In Catholic Tribunal Proceedings Under The Priest-Penitent Privilege: Cimijotti V. Paulsen Considered, Chad G. Marzen
Chad G. Marzen
No abstract provided.
The Role Of Custom In Canon, Jewish And Islamic Law: Supplemented, Superseded Or Supplanted By Written Law?, Chad G. Marzen
The Role Of Custom In Canon, Jewish And Islamic Law: Supplemented, Superseded Or Supplanted By Written Law?, Chad G. Marzen
Chad G. Marzen
Custom can be a compelling source of law and supplements, even supersedes, written, codified law in religious traditions. In this essay, I address the relationship between custom and written, codified law in three religious legal traditions: the Roman Catholic Canon Law tradition, Jewish law, and Islamic law.
In the Roman Catholic Canon Law tradition, customary law reflects the values critical to community life and while it cannot contravene divine law, customary law, if reasonable, can become law even if customs contradict written canonical norms. In Jewish law, custom (minhag) is a source of rabbinic law and can even supersede halakhah …