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Full-Text Articles in Religion Law
Reflections/Lovingkindness, Abner S. Greene
The Dilemma Of Liberal Pluralism, Abner S. Greene
The Dilemma Of Liberal Pluralism, Abner S. Greene
Faculty Scholarship
Supporters of reproductive rights and of queer rights may sometimes live in harmony with advocates for religious exemptions. But sometimes these goals conflict. This Article explores this tension as a matter of liberal democratic theory and U.S. constitutional law, offering a case for seeing a robust pluralism as contained within a proper understanding of the liberal democratic state. The state’s claimed authority may be the starting point, but just as the modern state was born in decentralized religious toleration, so should the modern state accommodate religious and other views of the good that compete with the state’s own views. The …
‘Nothing About Us Without Us’: Toward A Liberatory Heterodox Halakha, Laynie Laynie Soloman, Russell G. Pearce
‘Nothing About Us Without Us’: Toward A Liberatory Heterodox Halakha, Laynie Laynie Soloman, Russell G. Pearce
Faculty Scholarship
The role and function of “halakha” (Jewish law) in Jewish communal life is a divisive issue: while Orthodox Jews tend to embrace Jewish law, non-Orthodox Jews (here deemed “Heterodox”) generally reject Jewish law and halakhic discourse. We will explore the way in which Robert Cover’s work offers an antidote to categorical Heterodox distaste for halakha specifically, and law more broadly, providing a pathway into an articulation of halakha that may speak to Heterodox Jews specifically: one that is driven by creative “jurisgenerative” potential, that is informed by a paideic pluralism, and that is fundamentally democratic in its commitment to being …