Religion Law Commons^™

A Commentary On Professor Fisher’S Thesis: Ideology, Religion, Private Property And The Supreme Court 1987-88, Howard Hunter

Research Collection Yong Pung How School Of Law

The most important lessons to be learned from Professor Fisher's paper are that the ideologies central to American law have roots in religious thought and that the influence of ideologies can be found throughout American law, perhaps most especially in judicial decisions. To these lessons we can add a third: the ideologies embodied in judicial decisions concerning private property in the period from the American Revolution to the Civil War are still with us. Three recent decisions of the United States Supreme Court' illustrate the continuing importance of the constitutional and ideological protection of private property, while offering an interesting …