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Articles 1 - 5 of 5

Full-Text Articles in Legal History

Rules, Rights And Religion: The Abyssinian Baptist Church And The Quest For Community, 1808-1810, Quinton H. Dixie Jan 2009

Rules, Rights And Religion: The Abyssinian Baptist Church And The Quest For Community, 1808-1810, Quinton H. Dixie

Seattle University Law Review

Religion, as with law, is partially about bringing together opposing narrative interpretations in order to better understand what believers feel is real. This morning I will show how narratives and their various interpretations display how communities bound by laws and morality express their understanding of who they are called to be.


A Rhetorician's View Of Religious Speech In Civic Argument, Jack L. Sammors Jan 2009

A Rhetorician's View Of Religious Speech In Civic Argument, Jack L. Sammors

Seattle University Law Review

I first examine and reject liberal political methods of addressing the question of religious speech in civic argument, all of which depend upon norms external to the argument that are then excluded from it. Next, in proposing a method that relies only upon the constitutive norms of civic argument itself, I offer a description of civic argument as rhetoric, examine the risks of religious rhetoric in this civic argument, and examine the constitutive norms of civic argument. I address whether the constitutive norms of civic argument are sufficient restraints upon religious rhetoric such that reliance upon external norms is not ...


"Separated Unto The Gospel Of God": Political Theology In Badiou And Agamben, Charles Barbour Jan 2009

"Separated Unto The Gospel Of God": Political Theology In Badiou And Agamben, Charles Barbour

Seattle University Law Review

This paper begins with a comparison of two texts: Alain Badiou's Saint Paul: The Foundation of Universalism and Giorgio Agamben's The Time that Remains: A Commentary on the Letter to the Romans. In Parts III and IV, I will summarize in very broad terms the details of Badiou's and Agamben's respective appropriations of Paul. Within each of these Parts, I will speak a little bit about the implications of these various claims for contemporary legal theory-- at least as I understand it, and I am no expert. Finally, in Part V, I will discuss briefly an ...


Ethics As Self-Transcendence: Legal Education, Faith, And An Ethos Of Justice, Patrick Brown Jan 2009

Ethics As Self-Transcendence: Legal Education, Faith, And An Ethos Of Justice, Patrick Brown

Seattle University Law Review

Ethics is fundamentally about ethos, attitude, one's grounded stance or existential orientation, not the extrinsicism of concepts or the formalism of rules. Ethics concerns not just any orientation, but that intimate and demanding form of personal development manifested in the experience and practice of self-transcendence. Conversely, the neglect of ethics as self-transcendence introduces deep distortions into the way we socialize students into notions of ethics and professionalism. It introduces subsequent distortions into the conditions of legal practice. It encourages a superficial and extrinsic minimalism. It encourages, in effect, the disastrous conception of legal ethics as ethical legalism. I begin ...


Legal Theology: Law, Modernity And The Sacred, Peter Fitzpatrick Jan 2009

Legal Theology: Law, Modernity And The Sacred, Peter Fitzpatrick

Seattle University Law Review

This article argues that there is both sameness and difference as between the secular and the religious, and that law, modern law, is constituently enmeshed within this sameness and difference. That combination of sameness and difference, along with the integral part of law, is traced in a cumulation of three historicities, the first being the creation of the world's imperium, of the modern world-system, in the sixteenth century. Then, with the second historicity we have the time of revolutions, seen here as almost revolutions, of the seventeenth and eighteenth centuries. And finally, with the third historicity we have the ...