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Full-Text Articles in Legal History
Sex And Religion: Unholy Bedfellows, Mary-Rose Papandrea
Sex And Religion: Unholy Bedfellows, Mary-Rose Papandrea
Michigan Law Review
A review of Geoffrey R. Stone, Sex and the Constitution: Sex, Religion, and Law from America's Origins to the Twenty-First Century.
Mulieris Dignitatem And The Exclusivity Of Marriage Under Law, Howard Bromberg
Mulieris Dignitatem And The Exclusivity Of Marriage Under Law, Howard Bromberg
Articles
Jesus Christ established monogamy, the marriage of one man to one woman, as the canonical norm of his church and the juridical norm for all nations. This was a unique event in the history of the cultures and religions of the world. The Catholic Church has always defended its canonical norm of monogamy, often with great opposition. Through its influence, monogamy has been established as law in the Western world and in almost all cultures influenced by Western law and norms. The emerging jurisprudence of the United States, however, rejects any religious derivation as the basis of our laws. With …
The Qualities Of Completeness: More? Or Less?, Mark R. Killenbeck
The Qualities Of Completeness: More? Or Less?, Mark R. Killenbeck
Michigan Law Review
On January 14, 1983, Chief Judge W. Brevard Hand announced what he knew would be widely regarded as a rather startling proposition. Believing that "[t]he first amendment in large part was a guarantee to the states which insured that the states would be able to continue whatever church-state relationship existed in 1791," Judge Hand held that the people of Alabama were perfectly free to "establish[] a religion," in this instance by allowing public school teachers to begin the school day with prayer. The ruling reversed an earlier decision in the same case, which characterized the statutory provision at issue as …
The Promise Of American Law: A Theological, Humanistic View Of Legal Process, Michigan Law Review
The Promise Of American Law: A Theological, Humanistic View Of Legal Process, Michigan Law Review
Michigan Law Review
A Review of The Promise of American Law: A Theological, Humanistic View of Legal Process by Milner S. Ball
The Law In The United States In Its Relation To Religion, Edwin C. Goddard
The Law In The United States In Its Relation To Religion, Edwin C. Goddard
Other Publications
Man is a religious being. To him, everywhere and always, religion and religious institutions have been and will be of prime concern. He is also a social being. As such he has always found it necessary to live in an organized society, under some form of government. Man never has lived to himself alone. Government is not an invention, a necessary evil, to which men submit. On the contrary, from the most primitive beginnings it has been man's natural though imperfect instrument for controlling and developing the social estate so essential to his very existence. And universally this government has …
The Mosaic Law, Clarence A. Lightner
The Mosaic Law, Clarence A. Lightner
Michigan Law Review
In recent years much has been learned of the civilization, which developed in early times in Mesopotamia. In Babylon, laws appropriate to a vast and wealthy agricultural nation, which was engaged, also, largely in commerce, had been developed many centuries before the authentic history of other peoples begins. This civilization was Semitic. A great light, where formerly but dim reflections had been seen, was thrown upon this jurisprudence by the discovery, in 1901, of the codification of the laws of Babylonia, which was promulgated by King Hammurabi about 2350 B. C. Migration from Babylonia occurred from time to time, and …