Religion Law Commons^™

“The Glorious Liberty Of The Children Of God”: Toward A Christian Defense Of Human Rights, John Witte Jr.

Faculty Articles

It will come as a surprise to some human rights lawyers to learn that Christianity was a deep and enduring source of human rights and liberties in the Western legal tradition. Our elementary textbooks have long taught us that the history of human rights began in the later seventeenth and eighteenth centuries. Human rights, many of us were taught, were products of the Western Enlightenment—creations of Grotius and Pufendorf, Locke and Rousseau, Montesquieu and Voltaire, Hume and Smith, Jefferson and Madison. Rights were the mighty new weapons forged by American and French revolutionaries who fought in the name of political …

Understanding An American Paradox: An Overview Of The Racial Muslim: When Racism Quashes Religious Freedom, Spearit

Articles

In The Racial Muslim: When Racism Quashes Religious Freedom, Sahar Aziz unveils a mechanism that perpetuates the persecution of religion. While the book’s title suggests a problem that engulfs Muslims, it is not a new problem, but instead a recurring theme in American history. Aziz constructs a model that demonstrates how racialization of a religious group imposes racial characteristics on that group, imbuing it with racial stereotypes that effectively treat the group as a racial rather than religious group deserving of religious liberty.

In identifying a racialization process that effectively veils religious discrimination, Aziz’s book points to several important …

Collaborative Constructions: Designing High School History Curriculum With The Lost & Found Game Series, Owen Gottlieb, Shawn Clybor

Articles

This chapter addresses design research and iterative curriculum design for the Lost & Found games series. The Lost & Found card-to-mobile series is set in Fustat (Old Cairo) in the twelfth century and focuses on religious laws of the period. The first two games focus on Moses Maimonides’ Mishneh Torah, a key Jewish law code. A new expansion module which was in development at the time of the fieldwork described in this article that introduces Islamic laws of the period, and a mobile prototype of the initial strategy game has been developed with support National Endowment for the Humanities. The …

Back To The Sources? What’S Clear And Not So Clear About The Original Intent Of The First Amendment, John Witte Jr.

Faculty Articles

This Article peels through these layers of founding documents before exploring the final sixteen words of the First Amendment religion clauses. Part I explores the founding generation’s main teachings on religious freedom, identifying the major principles that they held in common. Part II sets out a few representative state constitutional provisions on religious freedom created from 1776 to 1784. Part III reviews briefly the actions by the Continental Congress on religion and religious freedom issued between 1774 and 1789. Part IV touches on the deprecated place of religious freedom in the drafting of the 1787 United States Constitution. Part V …

Playing At The Crossroads Of Religion And Law: Historical Milieu, Context And Curriculum Hooks In Lost & Found, Owen Gottlieb

Articles

This chapter presents the use of Lost & Found – a purpose-built tabletop to mobile game series – to teach medieval religious legal systems. The series aims to broaden the discourse around religious legal systems and to counter popular depiction of these systems which often promote prejudice and misnomers. A central element is the importance of contextualizing religion in period and locale. The Lost & Found series uses period accurate depictions of material culture to set the stage for play around relevant topics – specifically how the law promoted collaboration and sustainable governance practices in Fustat (Old Cairo) in twelfth-century …

Law Library Blog (September 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Designing Analog Learning Games: Genre Affordances, Limitations And Multi-Game Approaches, Owen Gottlieb, Ian Schreiber

Articles

This chapter explores what the authors discovered about analog games and game design during the many iterative processes that have led to the Lost & Found series, and how they found certain constraints and affordances (that which an artifact assists, promotes or allows) provided by the boardgame genre. Some findings were counter-intuitive. What choices would allow for the modeling of complex systems, such as legal and economic systems? What choices would allow for gameplay within the time of a class-period? What mechanics could promote discussions of tradeoff decisions? If players are expending too much cognition on arithmetic strategizing, could that …

Is This A Christian Nation?: Virtual Symposium September 25, 2020, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Urban Warfare: Emerging Geopolitical Conundrum, Bert Chapman

Libraries Faculty and Staff Presentations

Urban warfare is as old as human history. It is becoming increasingly important in international political and military planning due to increasing global urbanization and the presence of megacities (urban areas with populations exceeding 10 million) in many global regions and being in areas of recent and potential military conflict. 2018 World Bank data notes that approximately 56% of the world's population lives in urban areas which is up from 34% in 1960. Many of these megacities, including New York City, Los Angeles, Sao Paulo, Mumbai, Shanghai, and Manila are adjacent to oceanic waters and vulnerable to trade and supply …

Martin Luther King Jr. And Ernest Everett Just - On Evolution Of Ethical Behavior, Theodore Walker

Perkins Faculty Research and Special Events

Rev. Martin Luther King Jr. prescribed an evolutionary advance in ethical behavior: the total “abolition of poverty” and the abolition of war throughout “the world house.” Cell biologist Ernest Everett Just advanced the idea that human ethical behavior evolved from cellular origins.

Also, astrobiologists Chandra Wickramasinghe and Sir Fred Hoyle advanced the idea of cosmic biology, including stellar evolution and cosmic evolution. From cells to humans to stars and cosmology, evolutionary natural science converges with natural theology.

Lost & Found: New Harvest, Owen Gottlieb, Ian Schreiber

Presentations and other scholarship

Lost & Found is a strategy card-to-mobile game series that teaches medieval religious legal systems with attention to period accuracy and cultural and historical context.

Set in Fustat (Old Cairo) in the 12th century, a great crossroads of Islam, Judaism, and Christianity. The Lost & Found games project seeks to expand the discourse around religious legal systems, to enrich public conversations in a variety of communities, and to promote greater understanding of the religious traditions that build the fabric of the United States. Comparative religious literacy can build bridges between and within communities and prepare learners to be responsible citizens …

Historical Foundations And Enduring Fundamentals Of American Religious Freedom, John Witte Jr.

Faculty Articles

For all of their failures and shortcomings, the eighteenth-century founders did indeed begin on the right “path” toward a free society, and today, Americans enjoy a good deal of religious, civil, and political freedom as a consequence. American principles of religious freedom have had a profound influence around the globe, and they now figure prominently in a number of national constitutions and international human rights instruments issued by political and religious bodies.

To be sure, as Adams predicted, there has always been a “glorious uncertainty of the law” of religious liberty and a noble diversity of understandings of its details. …

Acts Of Meaning, Resource Diagrams, And Essential Learning Behaviors: The Design Evolution Of Lost & Found, Owen Gottlieb, Ian Schreiber

Articles

Lost & Found is a tabletop-to-mobile game series designed for teaching medieval religious legal systems. The long-term goals of the project are to change the discourse around religious laws, such as foregrounding the prosocial aspects of religious law such as collaboration, cooperation, and communal sustainability. This design case focuses on the evolution of the design of the mechanics and core systems in the first two tabletop games in the series, informed by over three and a half years’ worth of design notes, playable prototypes, outside design consultations, internal design reviews, playtests, and interviews.

Divided By The Sermon On The Mount, David A. Skeel Jr.

All Faculty Scholarship

This Essay, written for a festschrift for Bob Cochran, argues that the much-discussed friction between evangelical supporters of President Trump and evangelical critics is a symptom of a much deeper theological divide over the Sermon on the Mount, where Jesus told his disciples to turn the other cheek when struck, love their neighbor as themselves, and pray that their debts will be forgiven as they forgive their debtors. Divergent interpretations of these teachings have given rise to competing evangelical visions of justice. One side of today’s divide—the religious right—can be traced directly back to the fundamentalist critics of the early …

Interview Of Margaret Mcguinness, Ph.D., Margaret Mcguinness Ph.D., Stephen Pierce

All Oral Histories

Dr. Margaret McGuinness was born in 1953, in Providence, Rhode Island. She went to an all-girls Catholic high school called St. Mary’s Academy Bayview in Providence where she graduated in 1971. McGuinness went on to major in American Studies and Civilization as an undergraduate at Boston University graduating with a B.A in 1975. She continued her work at Boston University where McGuinness earned a master’s of theological studies (M.T.S) focusing on Biblical and Historical Studies in 1979. She would move to New York to work on her dissertation at Union Theological Seminary finishing with her Ph.D. in 1985 concentrating on …

Re-Playing Maimonides’ Codes: Designing Games To Teach Religious Legal Systems, Owen Gottlieb

Articles

Lost & Found is a game series, created at the Initiative for

Religion, Culture, and Policy at the Rochester Institute of

Technology MAGIC Center.1 The series teaches medieval

religious legal systems. This article uses the first two games

of the series as a case study to explore a particular set of

processes to conceive, design, and develop games for learning.

It includes the background leading to the author's work

in games and teaching religion, and the specific context for

the Lost & Found series. It discusses the rationale behind

working to teach religious legal systems more broadly, then

discuss the …

A Martin Luther King Jr. Amendment To The U.S. Constitution: Toward The Abolition Of Poverty, Theodore Walker

Perkins Faculty Research and Special Events

Rev. Dr. Martin Luther King Jr. prescribed that we add an economic bill of rights to the U.S. Constitution. A King-Inspired bill of rights should include a constitutional amendment that enumerates a natural human right to be free from economic poverty, and appropriate enforcement legislation.

For the sake of abolishing slavery, the Thirteenth Amendment says:

(Section 1) Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

(Section 2) Congress shall have power to enforce this article by …

Finding Lost & Found: Designer’S Notes From The Process Of Creating A Jewish Game For Learning, Owen Gottlieb

Articles

This article provides context for and examines aspects of the design process of a game for learning. Lost & Found (2017a, 2017b) is a tabletop-to-mobile game series designed to teach medieval religious legal systems, beginning with Moses Maimonides’ Mishneh Torah (1180), a cornerstone work of Jewish legal rabbinic literature. Through design narratives, the article demonstrates the complex design decisions faced by the team as they balance the needs of player engagement with learning goals. In the process the designers confront challenges in developing winstates and in working with complex resource management. The article provides insight into the pathways the team …

Lost & Found: Order In The Court -- The Party Game, Owen Gottlieb, Ian Schreiber

Presentations and other scholarship

Lost & Found is a strategy card-to-mobile game series that teaches medieval religious legal systems with attention to period accuracy and cultural and historical context.

The Lost & Found games project seeks to expand the discourse around religious legal systems, to enrich public conversations in a variety of communities, and to promote greater understanding of the religious traditions that build the fabric of the United States. Comparative religious literacy can build bridges between and within communities and prepare learners to be responsible citizens in our pluralist democracy.

The second game in the series, Lost & Found: Order in the Court …

Salafism, Wahhabism, And The Definition Of Sunni Islam, Rob J. Williams

Honors Program: Student Scholarship & Creative Works

My capstone deals with the historical definition of Sunni Islam, and how it has changed in approximately the past 200 years. Around 1800, Sunni Islam was pretty clearly defined by an adherence to one of four maddhabs, or schools of law: the Hanafi, Maliki, Shafi’i, and Hanbali schools and are all based in nearly a millennium of legal scholarship. Since 1800, however, numerous reform movements have sprung up which disavow previous scholarship and interpret Islamic law their own way. However, certain reformist groups, such as Traditionalist Salafis and Wahhabis, claim that their version of Islam is the only “pure” …

Lost & Found, Owen Gottlieb, Ian Schreiber, Kelly Murdoch-Kitt

Presentations and other scholarship

Lost & Found is a strategy card-to-mobile game series that teaches medieval religious legal systems with attention to period accuracy and cultural and historical context.

The Lost & Found games project seeks to expand the discourse around religious legal systems, to enrich public conversations in a variety of communities, and to promote greater understanding of the religious traditions that build the fabric of the United States. Comparative religious literacy can build bridges between and within communities and prepare learners to be responsible citizens in our pluralist democracy.

The first game in the series is a strategy game called Lost & …

Jewish Games For Learning: Renewing Heritage Traditions In The Digital Age, Owen Gottlieb

Articles

Rather than a discontinuity from traditional modes of learning, new explorations of digital and strategic games in Jewish learning are markedly continuous with ancient practices. An explication of the close connections between traditional modes of Jewish learning, interpretive practice, and gaming culture can help to explain how Jews of the Digital Age can adopt and are adapting modern Games for Learning practices for contemporary purposes. The chapter opens by contextualizing a notion of Jewish Games and the field of Games for Learning. Next, the chapter explains the connections between game systems and Jewish traditions. It closes with a case study …

A Prequel To Law And Revolution: A Long Lost Manuscript Of Harold J. Berman Comes To Light, John Witte Jr., Christopher J. Manzer

Faculty Articles

The late Harold Berman was a pioneering scholar of Soviet law, legal history, jurisprudence, and law and religion; he is best known today for his monumental Law and Revolution series on the Western legal tradition. Berman wrote a short book, Law and Language, in the early 1960s, but it was not published until 2013. In this early text, he adumbrated many of the main themes of his later work, including Law and Revolution. He also anticipated a good deal of the interdisciplinary and comparative methodology that we take for granted today, even though it was rare in the …

Preservation Ethics In The Case Of Nebraska’S Nationally Registered Historic Properties, Darren Michael Adams

Department of Geography: Dissertations, Theses, and Student Research

This dissertation focuses on the National Register of Historic Places and considers the geographical implications of valuing particular historic sites over others. Certain historical sites will either gain or lose desirability from one era to the next, this dissertation identifies and explains three unique preservation ethical eras, and it maps the sites which were selected during those eras. These eras are the Settlement Era (1966 – 1975), the Commercial Architecture Era (1976 – 1991), and the Progressive Planning Era (1992 – 2010). The findings show that transformations in the program included an early phase when state authorities listed historical resources …

"Render Unto Caesar...": Religion/Ethics, Expertise, And The Historical Underpinnings Of The Modern American Tax System, Ajay K. Mehrotra

Articles by Maurer Faculty

A variety of scholars and commentators have been recently exploring the connections between religion and current U.S. tax policy. The relationship between religion and American taxation, however, runs much deeper than our present period. Indeed, it is no coincidence that roughly a century ago the foundations of our current tax system were taking shape at the height of the religious and ethical fervor known as the Social Gospel movement. At that time, religious and ethical sentiments played a central, though ambivalent, role in fiscal reform. This Article investigates the influence of religious and ethical values on the tax reform struggles …

Prophets, Priests, And Kings: John Milton And The Reformation Of Rights And Liberties In England, John Witte Jr.

Faculty Articles

In this Article, I focus on the development of rights talk in the pre-Enlightenment Protestant tradition. More particularly, I show how early modem Calvinists-those Protestants inspired by the teachings of Genevan reformer John Calvin (1509-1564)-developed a theory of fundamental rights as part and product of a broader constitutional theory of resistance and military revolt against tyranny. With unlimited space, I would document how various Calvinist groups from 1550 to 1700 helped to define and defend each and every one of the rights that would later appear in the American Bill of Rights and how these Calvinists condoned armed revolution to …

"Free" Religion And "Captive" Schools: Protestants, Catholics, And Education, 1945-1965, Sarah Barringer Gordon

All Faculty Scholarship

No abstract provided.

Jeffersonian Walls And Madisonian Lines: The Supreme Court’S Use Of History In Religion Clause Cases, Mark Hall

Faculty Publications - Department of History and Politics

In Everson v. Board of Education (1947), Justice Wiley Rutledge observed that '[n]o provision of the Constitution is more closely tied to or given content by its generating history than the religious clause of the First Amendment. It is at once the refined product and the terse summation of that history.' Scholars and activists argue about the relevance or irrelevance of the Supreme Court’s use of history in general, and the extent to which Justices are good historians. These debates have been particularly furious with respect to the Court’s use of history in religion clause cases. Although broad claims are …

The Protestant Revolutions And Western Law, William Ewald

All Faculty Scholarship

No abstract provided.

Interview With Azizah Al-Hibri, Hisham Elkoustaf, Azizah Al-Hibri, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

Professor Azizah al-Hibri (L '85) is a Professor Emerita at the University of Richmond Law School, having served on the faculty from 1992 until her retirement in 2012. Her work has centered on developing an Islamic jurisprudence and body of Islamic law that are gender equitable and promote human rights and democratic governance. Professor al-Hibri has authored numerous book chapters, essays, and law review articles on these subjects, and her work has appeared in the highly respected Journal of Law and Religion, Harvard International Review …