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Full-Text Articles in Law
Assimilation, Toleration, And The State's Interest In The Development Of Religious Doctrine, Richard Garnett
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
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
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
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
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
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
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
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.