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Articles 1 - 14 of 14
Full-Text Articles in Law
The Paradox Of Christian-Based Political Advocacy: A Reply To Professor Calhoun, Wayne R. Barnes
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
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 …
If Separation Of Church And State Doesn’T Demand Separating Religion From Politics, Does Christian Doctrine Require It?, Samuel W. Calhoun
If Separation Of Church And State Doesn’T Demand Separating Religion From Politics, Does Christian Doctrine Require It?, Samuel W. Calhoun
Samuel W. Calhoun
This Essay responds to comments by Wayne Barnes, Ian Huyett, and David Smolin on my prior Article, Separation of Church and State: Jefferson, Lincoln, and the Reverend Martin Luther King, Jr., Show It Was Never Intended to Separate Religion From Politics. Part II, although noting a few disagreements with Huyett and Smolin, principally argues that they strengthen the case for the appropriateness of religious arguments in the public square. Part III evaluates Wayne Barnes’s contention that Christian doctrine requires separating religion from politics.
Scripture And Politics, William Cavanaugh
Enlightenment And Catholicism In Europe. A Transnational History, Ulrich Lehner, Jeffrey Burson
Enlightenment And Catholicism In Europe. A Transnational History, Ulrich Lehner, Jeffrey Burson
Ulrich L. Lehner
No abstract provided.
Should A Christian Lawyer Sign Up For Simon's Practice Of Justice?, Thomas L. Shaffer
Should A Christian Lawyer Sign Up For Simon's Practice Of Justice?, Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
Christian Theories Of Professional Responsibility, Thomas Shaffer
Christian Theories Of Professional Responsibility, Thomas Shaffer
Thomas L. Shaffer
No abstract provided.
Development Of Catholic Moral Doctrine: Probing The Subtext, M. Kaveny
Development Of Catholic Moral Doctrine: Probing The Subtext, M. Kaveny
M. Cathleen Kaveny
No abstract provided.
Monastic Prisons And Torture Chambers. Crime And Punishment In Central European Monasteries, 1600-1800, Ulrich Lehner
Monastic Prisons And Torture Chambers. Crime And Punishment In Central European Monasteries, 1600-1800, Ulrich Lehner
Ulrich L. Lehner
Based on archival research and an analysis of early modern monastic canon law, the reader is introduced to how crimes were prosecuted in a monastic setting and how they were punished.
Issues Of Law And Religion, In The News -- Non-Catholic Teachers Fired For Fertility Treatments, Lorin Geitner
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?
Merry Season’S Controversy, Lorin Geitner
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.
Law And Religion – The First Amendment And The Problems Of Alienation, Lorin Geitner
Law And Religion – The First Amendment And The Problems Of Alienation, Lorin Geitner
Lorin C. Geitner
A survey of the different patterns of the relationship between of law to religion (and vice versa) in the course of world history, in order to provide historical and legal context and argue for the notion that the United States, truly, a secular society, but rather a religiously pluralistic one.
Prophetic Discourse In The Public Square, M. Cathleen Kaveny
Prophetic Discourse In The Public Square, M. Cathleen Kaveny
M. Cathleen Kaveny
No abstract provided.
The Christian At War, Marc A. Clauson
The Christian At War, Marc A. Clauson
Marc A. Clauson, J.D., Ph.D.
No abstract provided.