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Articles 31 - 46 of 46
Full-Text Articles in Law
Love, Justice, And Power, David F. Forte
Love, Justice, And Power, David F. Forte
Law Faculty Articles and Essays
Abortion is the quintessential act of power.
Church-State Relations And Religious Convictions, R. Kent Greenawalt
Church-State Relations And Religious Convictions, R. Kent Greenawalt
Cleveland State Law Review
My overall concern is with the proper place of religious convictions in lawmaking in our society. My special focus is on the place of religious convictions in the political resolution of church-state issues. Though I shall comment in passing on various constitutional issues, the main thrust of my comments also lies within the domain of political philosophy. I agree that the promotion of religious views and practices is not the business of the state in our society. Nevertheless, I strongly resist the idea that either this premise or any other premise underlying our liberal democracy requires good liberal citizens to …
New Jews, New Destruction, Michael Henry Davis
New Jews, New Destruction, Michael Henry Davis
Law Faculty Articles and Essays
We see in recent developments what is, essentially, a New Diaspora composed of Jews, whether in contemporary Israel or not, who share a ghetto mentality, afraid of what others might take as a sign of weakness and perhaps thinking of their Jewishness itself simply as vulnerability instead of a source of insuperable strength. Within Israel, they sometimes call themselves the "New Jews," but their attitudes betray them. Such a mind-set has been inherited from an older generation of Jews who, in their formative years, had no strong Israel to make all thoughts of Judaism as weakness seem absurd. The New …
I Know It's Not Racism, But What Is It?, Michael H. Davis
I Know It's Not Racism, But What Is It?, Michael H. Davis
Law Faculty Articles and Essays
The author recalls the founding of the state of Israel, and discusses the influence of patriotism and Zionism.
Islamic Law And The Crime Of Theft, David F. Forte
Islamic Law And The Crime Of Theft, David F. Forte
Law Faculty Articles and Essays
This article introduces the concept of theft in Islamic law. As such, it does not pretend to be comprehensive either in the data it puts forth or in its analysis. Rather, the Article raises a number of issues for discussion, and offers, most tentatively, suggested answers to the following points: 1) criminality; 2) what possible justifications exist for such an extreme penalty; 3) what were the requirements for conviction; and 4) some concluding observations as to why the classical jurists encumbered a prosecution for theft with so many restrictions.
Islam And Politics, David F. Forte
Islam And Politics, David F. Forte
Law Faculty Articles and Essays
We can thus see that Islamic tradition has recognized the venerability of the Shari'a but that the same tradition has historically given the state means to workaround the limits of the Shari'a. How far it should go has always been debated in Islam. The debate and the alternative theories all stem from the fact that the Shari'a never developed a constitutional basis for itself due to its history and the notion of law as simply the refinement of divine command. The competing views of the Shari'a's proper place have jousted with one another for a thousand years. They will continue …
Islamic Law In American Courts, David F. Forte
Islamic Law In American Courts, David F. Forte
Law Faculty Articles and Essays
Nonetheless, the common law judge remains constrained by his own system of adjudication. Not only does he apply the law, he also states it. Yet, he becomes hesitant when he is asked to apply an asserted principle of Islamic law unless he is certain that it truly represents the accepted view and is not some imaginative interpretation. Thus, in interpreting Islamic law, the American judge is more reluctant than a qadi would be in choosing between opposing casuistical arguments in the same kind of case. Ironically, the American judge is also far more restrained in a case involving Islamic law …
Egyptian Land Law: An Evaluation, David F. Forte
Egyptian Land Law: An Evaluation, David F. Forte
Law Faculty Articles and Essays
In all cases, the country adopting the Western code has attempted to infuse it with traditional values or with tenets of a particular ideology. Frequently, the inevitable dichotomy between the basic concepts of the code and the values which have been infused into it produce legal tensions. This has certainly been the case in Egypt. Traditionally, Egypt has had difficulty accommodating a growing population on a limited amount of arable land. Whether Egypt is able to remedy past maldistribution of arable land will have significant social, economic and political consequences. The success of legal reform in Egypt must be judged …
Islamic Law: The Impact Of Joseph Schacht, David F. Forte
Islamic Law: The Impact Of Joseph Schacht, David F. Forte
Law Faculty Articles and Essays
It is here where Schacht's service to Islamic law becomes most salutary. He has made it possible for this great legal tradition to free itself from an unthinking bondage to issues relevant to the second Islamic century, and thus open anew the gate to ijtihad. Mujtahids need no longer fear they are revising divine law when they develop the traditional norms of Islamic law beyond the confines imposed by taqlid. The Sunna of Islam remains the way of the Prophet's devout followers, even though it may not be the way of the Messenger himself. In this fashion, respect for the …
Bequests For Religious Services, James T. Brennan
Bequests For Religious Services, James T. Brennan
Cleveland State Law Review
The dedication of property for the saying of Masses or Kaddish atYahrzeit is a charitable use. The funds directed to be employed for these purposes aid the advancement of the Roman Catholic and Jewish religions to the same extent as other gifts to religious organizations of these faiths. In addition, the religious doctrines of these faiths declare that the religious services benefit the entire community and not merely the decedent remembered in the service. Probably, however, it would be best for courts to avoid the theological thicket in deciding whether or not a dedication of property for religious services is …
Defamation Privilege In Internal Affairs Of Religious Societies, Howard A. Shelley Jr.
Defamation Privilege In Internal Affairs Of Religious Societies, Howard A. Shelley Jr.
Cleveland State Law Review
Defamation privilege in religious societies is burdened in interpretation by the strong doctrine of separation of church and state coupled with the courts' reluctance to become involved in the internal affairs of private associations. That over the years this has resulted in establishment of a philosophy regarding defamation privilege in church controversies broader in scope than that available even to other private associations is apparent.
Church Liability For Negligence, Valentine A. Toth
Church Liability For Negligence, Valentine A. Toth
Cleveland State Law Review
The basic and pertinent problems of church immunity should be categorized and surveyed in order to show the lack of justification for this privileged position. These problems may be divided into four categories: (1) the modern church as a charity; (2) constitutionality; (3) legality; (4) the social necessity of church immunity. These classifications can shed proper light upon the present status and the future developments of this doctrine.
Church Liability For Negligence, Valentine A. Toth
Church Liability For Negligence, Valentine A. Toth
Cleveland State Law Review
The basic and pertinent problems of church immunity should be categorized and surveyed in order to show the lack of justification for this privileged position. These problems may be divided into four categories: (1) the modern church as a charity; (2) constitutionality; (3) legality; (4) the social necessity of church immunity. These classifications can shed proper light upon the present status and the future developments of this doctrine.
Clergymen's Interference With Private Rights, Robert B. Dunsmore
Clergymen's Interference With Private Rights, Robert B. Dunsmore
Cleveland State Law Review
If a clergyman is to be granted complete immunity to say whatever he believes, or to take any action which he believes best for his church or his congregation, then eventually either our concept of separation of church and state will be destroyed or else by the very weight of the immunities and the inequities resulting therefrom the qualified privilege of the clergyman will be destroyed. The real question is not whether such a privilege exists or should exist, but at what point does the interference with the rights of the individual become so great as to be actionable. This …
The Clergyman: His Privileges And Liabilities, Valentine A. Toth
The Clergyman: His Privileges And Liabilities, Valentine A. Toth
Cleveland State Law Review
The doctrine of separation of church and state does not exclude the civil courts from jurisdiction over many church related questions. Constitutional guarantees of freedom of religion may not be allowed to lead to anarchy by allowing the church to be independent of state surveillance. On the other hand, the law does not claim that the church purchased its independence at the price of not criticizing the state when morality, ethical government or responsible citizenship are at stake. While this discussion is couched chiefly in terms of Protestant churches and clergymen, it is equally applicable to Roman Catholic, Jewish, and …
An Essay On The Hebrew Civil Code, David C. Bayne
An Essay On The Hebrew Civil Code, David C. Bayne
Cleveland State Law Review
Reviewed as a legal unit the written law of the Torah in the Pentateuch adequately regulates the religious, moral and ethical life of the Chosen People, reflects fully the divine calling of the nation of Yahweh and Moses. However, the written legislation of a purely civil nature is incomplete, and confirms other evidences of customary, unwritten law of equally ancient origin. But, upon the entire Hebrew Civil Code, written and unwritten,Yahweh, Moses and the prophets have, at whatever date of promulgation, left the stamp of divinity, of a revealed law of the God of the Chosen People; and at the …