Arts and Humanities Commons^™

International Legal Experience And The Mormon Theology Of The State, 1945-2012, Nathan B. Oman

Nathan B. Oman

No abstract provided.

"The Living Oracles": Legal Interpretation And Mormon Thought, Nathan B. Oman

Nathan B. Oman

No abstract provided.

God And The Executioner: The Influence Of Western Religion On The Use Of The Death Penalty, Davison M. Douglas

Davison M. Douglas

In this Essay, Professor Douglas conducts an historical review of religious attitudes toward capital punishment and the influence of those attitudes on the state's use of the death penalty. He surveys the Christian Church's strong support for capital punishment throughout most of its history, along with recent expressions of opposition from many Protestant, Catholic, and Jewish groups. Despite this recent abolitionist sentiment from an array of religious institutions, Professor Douglas notes a divergence of opinion between the "pulpit and the pew" as the laity continues to support the death penalty in large numbers. Professor Douglas accounts for this divergence by …

The Influence Of Religion On The Criminal Behavior Of Emerging Adults, Christopher Salvatore, Gabriel Rubin

Gabriel Rubin

Recent generations of young adults are experiencing a new life course stage: emerging adulthood. During this ‘new’ stage of the life course, traditional social bonds and turning points may not be present, may be delayed, or may not operate in the same manner as they have for prior generations. One such bond, religion, is examined here. Focusing on the United States, emerging adulthood is investigated as a distinct stage of the life course. The criminality of emerging adults is presented, a theoretical examination of the relationship between religion and crime is provided, the role of religion in emerging adults’ lives …

The Paradox Of Christian-Based Political Advocacy: A Reply To Professor Calhoun, Wayne R. Barnes

Wayne R. Barnes

Professor Calhoun, in his Article around which this symposium is based, has asserted that it is permissible for citizens to publicly argue for laws or public policy solutions based on explicitly religious reasons. Calhoun candidly admits that he has “long grappled” with this question (as have I, though he for longer), and, in probably the biggest understatement in this entire symposium, notes that Professor Kent Greenawalt identified this as “a particularly significant, debatable, and highly complex problem.” Is it ever. I have a position that I will advance in this article, but I wish to acknowledge at the outset that …

Reconsidering Christianity As A Support For Secular Law: A Final Reply To Professor Calhoun, Wayne R. Barnes

Wayne R. Barnes

This symposium has revolved around Professor Calhoun’s article, which posits that it is completely legitimate, in proposing laws and public policies, to argue for them in the public square based on overtly religious principles. In my initial response, I took issue with his argument that no reasons justify barring faith-based arguments from the public square argument. In fact, I do find reasons justifying the prohibition of “faith-based,” or Christian, arguments in the public square—and, in fact, I find such reasons within Christianity itself. This is because what is being publicly communicated in Christian political argumentation is that if citizens comply …

Separation Of Church And State: Jefferson, Lincoln, And The Reverend Martin Luther King, Jr., Show It Was Never Intended To Separate Religion From Politics, Samuel W. Calhoun

Samuel W. Calhoun

This Essay argues that it’s perfectly fine for religious citizens to openly bring their faith-based values to public policy disputes. Part II demonstrates that the Founders, exemplified by Thomas Jefferson, never intended to separate religion from politics. Part III, focusing upon Abraham Lincoln’s opposition to slavery, shows that religion and politics have been continuously intermixed ever since the Founding. Part IV, emphasizing the Reverend Martin Luther King, Jr., argues that no other reasons justify barring faith-based arguments from the public square.

Rethinking The Secular: Religion, Ethics And Science In Food Regulation, Richard Mohr

Richard Mohr

This paper explores some issues at the intersection of regulation and religion, as they apply to food. It reports on a work in progress examining the regulations and values that affect choices at food and drink outlets in an inner suburban street in Sydney.

It is part of a larger projected study of food as a central social, material and religious concern. In it we are exploring questions around community relations in a culturally and religiously diverse society. Here I focus on the ways religious, ethical and scientific considerations interact with regulatory regimes, whether those of government, industry, or religious …

The Return Of The Christian Burial Speech Case, Phillip Johnson

Phillip Johnson

No abstract provided.

Law's Religion: Rendering Culture, Benjamin L. Berger

Benjamin L. Berger

This article argues that constitutional law's inability to deal with religion in a satisfying way flows, in part, from its failure to understand religion as, in a robust sense, culture. Once one begins to understand the Canadian constitutional rule of law itself as a cultural form, it becomes apparent that law renders religion in a very particular fashion, and that this rendering is a product of law's symbolic categories and interpretive horizons. This article draws out the elements of Canadian constitutionalism's unique rendering of religion and argues that, although Canadian constitutionalism claims to understand religion as a culture, this is …

Entender Los Males Económicos Modernos A La Luz De La Doctrina Social Católica, Brian M. Mccall

Brian M McCall

In a general sense, St. Thomas Aquinas predicted the paralysis and chaos of the financial and economic systems in America and Europe which occurred in 2008, when he predicted that in a society where unjust exchanges dominate, eventually all exchanges will cease. St. Thomas also points out that although human law cannot prohibit all injustice, society cannot escape the consequences of transgressing the divine law which leaves “nothing unpunished.” Thus, at least part of the explanation for that crisis whose effects remain with us today lies in continuous violations of natural justice by our economic system. Neither one product nor …

Entender Los Males Economómicos Modernos A La Luz De La Doctrina Social Cátolica (Understanding Modern Economic Woes In Light Of Catholic Social Doctrine), Brian M. Mccall

Brian M McCall

En sentido general, Santo Tomás Aquino predijo la parálisis y el caos del sistema financiero económico en Estados Unidos y Europa que ocurrió en 2008, cuando predijo que en una sociedad donde los intercambios injustos dominan, eventualmente todos los intercambios podrán cesar. Santo Tomás también señala que aunque la ley humana no pueda prohibir todas las injusticias, la sociedad no puede escapar de las consecuencias de trasgredir la ley divina que no deja nada en la impunidad. Así, al menos una parte de la explicación para esta crisis cuyos efectos permanecen con nosotros en la actualidad se encuentra en las …

Assimilation, Toleration, And The State's Interest In The Development Of Religious Doctrine, Richard Garnett

Richard W Garnett

Thirty-five years ago, in the context of a church-property dispute, Justice William Brennan observed that government interpretation of religious doctrine and judicial intervention in religious disputes are undesirable, because when civil courts undertake to resolve [doctrinal] controversies..., the hazards are ever present of inhibiting the free development of religious doctrine and of implicating secular interests in matters of purely ecclesiastical concern. This statement, at first, seems wise and fittingly cautious, even unremarkable and obvious. On examination, though, it turns out to be intriguing, elusive, and misleading. Indeed, Justice Brennan's warning presents hazards of its own, and its premises - if …

The Natural Relationship Of Church And State Within The Kingdom Of Christ Based On The Encyclical Immortale Dei Of Pope Leo Xiii, Brian M. Mccall

Brian M McCall

This lecture addresses the natural relationship between Church and State and explains Catholic Social Teaching regarding the organization of civil society.

Are They Like Us, Yet? Some Thoughts On Why Religious Freedom Remains Elusive For Aboriginals In North America, Marc V. Fonda

Marc V. Fonda Ph.D.

It is well-documented that European culture differs from that of Aboriginal culture. Perhaps one of the most striking differences is in the relationships and attitudes each group has towards land. For Europeans the land is a commemorative gift of the creator there to be exploited for economic benefit; for Aboriginal peoples, the land is also a gift but one that a continuing extension of the creator’s immanence in which all things are related to one another. The one is an economic relation, the other a spiritual relation that denotes family. When two very different cultural systems encounter one another, there …

Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron

Charles H. Baron

The author focuses this Article upon the aspect of the Saikewicz decision which determines that the kind of "proxy consent" question involved in that case required for its decision "the process of detached but passionate investigation and decision that forms the ideal on which the judicial branch of government was created." This aspect of the decision has drawn much criticism from the medical community on the ground that it embroils what doctors believe to be a medical question in the adversarial processes of the court system. The author criticizes the decision from an entirely opposite perspective, arguing that the court's …

Abraham Lincoln's Religion: The Case For His Ultimate Belief In A Personal, Sovereign God., Samuel W. Calhoun, Lucas E. Morel

Samuel W. Calhoun

None available.

Conviction Without Imposition: A Response To Professor Greenawalt, Samuel W. Calhoun

Samuel W. Calhoun

None available.

May The President Appropriately Invoke God? Evaluating The Embryonic Stem Cell Vetoes, Samuel W. Calhoun

Samuel W. Calhoun

President George W. Bush twice vetoed measures to provide federal funds for embryonic stem cell research requiring the destruction of human embryos. Each veto was premised in part upon his religious beliefs. President Bush’s reliance upon his faith provoked a strong negative reaction. This essay argues that this criticism is baseless. The essay demonstrates that important political leaders spanning three centuries— including Thomas Jefferson, Abraham Lincoln, and Martin Luther King Jr.—have invoked religious beliefs in explaining their positions. The principle of “separation of church and state,” properly understood, is not a persuasive basis for criticizing this religious heritage. President Bush, …

Getting The Framers Wrong: A Response To Professor Geoffrey Stone, Samuel W. Calhoun

Samuel W. Calhoun

Professor Geoffrey Stone’s Essay, The World of the Framers: A Christian Nation?, seeks to state “the truth about . . . what [the Framers] believed, and about what they aspired to when they created this nation.” Doing so will accomplish Professor Stone’s main objective, helping us to understand what “the Constitution allows” on a host of controversial public policy issues.3 Regrettably, Professor Stone’s effort is unsuccessful. Although he clearly tried to be fair in his historical account,4 the Essay ultimately presents a misleading view of the Framers’ perspective on the proper relationship between religion and the state.

Faith, Politics, And American Culture [Review Of The Books Letter To A Christian Nation, Pity And Politics: The Right-Wing Assault On Religious Freedom, Faith And Politics: How The “Moral Values” Debate Divides America And How To Move Forward Together, The Compassionate Community: Ten Values To Unite America, Righteous: Dispatches From The Evangelical Youth Movement, And Believers: A Journey Into Evangelical America], Nick Salvatore

Nick Salvatore

[Excerpt] In January 2004, before a black church congregation in New Orleans, President George W. Bush commemorated Martin Luther King's birthday with a spirited promotion of his faith-based initiatives. Appropriating the slain Civil Rights leader's profession of faith, Bush proclaimed his ultimate purpose was to change "America one heart, one soul, one conscience at a time." He emphasized voluntary action by citizens (four times he extolled them as "the social entrepreneurs") and he consistency denigrated the role of government but for one critical function: providing "billions of dollars" to faith-based social-service groups. Proclaiming the values of the Christian Bible as …

Issues Of Law And Religion In The News -- Amish Beard Cutters, Hate Crimes, And The Limits Of The Commerce Clause, Lorin Geitner

Lorin C. Geitner

Amish are being tried under a Federal Hate Crimes statute in Ohio for cutting the beards of elders in another Amish community. Why such a strange form of assault? Since this is an Amish on Amish crime, does it constitute a hate crime? And is the reliance of the statute on the commerce clause over-reaching, and potentially under-reaching as well?

Social Architecture And The Law, Lorin Geitner

Lorin C. Geitner

The reputation of attorneys has steadily declined over the last 50 years. How can we determine why this has occurred? Given the relatively high reputation of British Barristers, a comparison of US and British court room arrangement and practice may provide some clues, and the heuristic of "critical spatial studies" provides a methodology.

Issues Of Law And Religion In The News -- Hutterites, Lorin Geitner

Lorin C. Geitner

The Hutterites are an Anabaptist group who live communally. This lifestyle has allowed them to compete against private construction firms in Montana. A new law requires the Hutterites to carry workers compensation for their members who work in construction. The Hutterites counter that they already have provisions in their society that provide all the coverage provided by workers compensation. The legislator who sponsored this bill says this bill is needed to provide an even playing field. What are the Hutterites history, beliefs and practices which lead them to believe this is redundant? What are the legal principles involved? Who is …

Issues Of Law And Religion In The News -- Mennonites, Lorin Geitner

Lorin C. Geitner

An ordinance in Mitchell county, Iowa, forbade the use of tractors with steel-rim tires on county roads, for the sake of road preservation. The Groffdale Old Order Mennonites, however, require their members to use just such tires, for religious reasons. When a Mennonite youth received a citation for driving such a tractor on the road, it set off a nearly prototypical Church/State conflict. What do steel-rim tires have to do with religion? And does the county's concern with preserving roads trump this religious practice, or vice versa?

Issues Of Law And Religion, In The News -- Non-Catholic Teachers Fired For Fertility Treatments, Lorin Geitner

Lorin C. Geitner

Two non-Catholic teachers had been fired from Catholic schools, for breaching Catholic doctrine when it comes to acceptable fertility treatments. Has the Catholic Church breached its employment contracts with these teachers? If so, would it still be protected under the ministerial exception?

Legal Lines In Shifting Sand: Immigration Law And Human Rights In The Wake Of September 11, Daniel Kanstroom

Daniel Kanstroom

In March of 2004, a group of legal scholars gathered at Boston College Law School to examine the doctrinal implications of the events of September 11, 2001. They reconsidered the lines drawn between citizens and noncitizens, war and peace, the civil and criminal systems, as well as the U.S. territorial line. Participants responded to the proposition that certain entrenched historical matrices no longer adequately answer the complex questions raised in the “war on terror.” They examined the importance of government disclosure and the public’s right to know; the deportation system’s habeas corpus practices; racial profiling; the convergence of immigration and …

Merry Season’S Controversy, Lorin Geitner

Lorin C. Geitner

Discussion of the infamous "Christmas Controversy" – the legality of religious symbols in holiday displays on public land. This issue is examined both from the viewpoint of an attorney and a scholar of religion: From a legal point of view, the article examines the holdings of three major Supreme Court cases which have addressed this issue. From the viewpoint of religious scholarship, the article examined the relevant sociology of religion, which is also an important factor in accounting for why, in spite of settled precedents, this issue remains controversial.

Consulting The Architect When Problems Arise – The Divine Law, Brian M. Mccall

Brian M McCall

Eruv And Establishment, Lorin Geitner

Lorin C. Geitner

An examination of how the Orthodox Jewish practice known as an "eruv", based in Jewish religious law, can help illustrate the tension between the Establishment and Free Exercise clauses of the First Amendment.