Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (2)
- Law and Philosophy (2)
- Law and Society (2)
- African American Studies (1)
- Anthropology (1)
-
- Arts and Humanities (1)
- Civil Rights and Discrimination (1)
- Criminal Law (1)
- Criminology and Criminal Justice (1)
- Economics (1)
- First Amendment (1)
- Jurisprudence (1)
- Law Enforcement and Corrections (1)
- Law and Race (1)
- Legal Studies (1)
- Political Economy (1)
- Public Law and Legal Theory (1)
- Race, Ethnicity and Post-Colonial Studies (1)
- Social and Behavioral Sciences (1)
- Social and Cultural Anthropology (1)
- Supreme Court of the United States (1)
- Institution
- Publication
Articles 1 - 3 of 3
Full-Text Articles in Religion Law
"The Arc Of The Moral Universe": Christian Eschatology And U.S. Constitutionalism, Nathan Chapman
"The Arc Of The Moral Universe": Christian Eschatology And U.S. Constitutionalism, Nathan Chapman
Scholarly Works
At the heart of American constitutionalism is an irony. The United States is constitutionally committed to religious neutrality; the government may not take sides in religious disputes. Yet many features of constitutional law are inexplicable without their intellectual and cultural origins in religious beliefs, practices, and movements. The process of constitutionalization has been one of secularization. The most obvious example is perhaps also the most ideal of liberty of conscience that fueled religious disestablishment, free exercise, and equality was born of a Protestant view of the individual’s responsibility before God.
This Essay explores another overlooked instance of constitutional secularization. Many …
Legal Punishment As Civil Ritual: Making Cultural Sense Of Harsh Punishment, Spearit
Legal Punishment As Civil Ritual: Making Cultural Sense Of Harsh Punishment, Spearit
Articles
This work examines mass incarceration through a ritual studies perspective, paying explicit attention to the religious underpinnings. Conventional analyses of criminal punishment focus on the purpose of punishment in relation to legal or moral norms, or attempt to provide a general theory of punishment. The goals of this work are different, and instead try to understand the cultural aspects of punishment that have helped make the United States a global leader in imprisonment and execution. It links the boom in incarceration to social ruptures of the 1950s and 1960s and posits the United States’ world leader status as having more …
Uncivil Religion: Judeo-Christianity And The Ten Commandments, Frederick Mark Gedicks, Roger Hendrix
Uncivil Religion: Judeo-Christianity And The Ten Commandments, Frederick Mark Gedicks, Roger Hendrix
Faculty Scholarship
In the recent Decalogue Cases, Justice Scalia argued that when it comes to public acknowledgment of religious belief, it is entirely clear from our Nation's historical practices that the Establishment Clause permits th[e] disregard of polytheists and believers in unconcerned deities, just as it permits the disregard of devout atheists. Justice Scalia's argument represents the latest attempt to insulate American civil religion from Establishment Clause attack. A civil religion is a set of nondenominational values, symbols, rituals, and assumptions which create both reverence of national history and formation of a communal national bond.
The most recent incarnation of American civil …