Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Collective guilt (1)
- Constitional right (1)
- Culture of shame (1)
- Devotional activities (1)
- Employment Division v. Smith (1)
-
- Establishment Clause (1)
- First Amendment (1)
- Free Exercise Clause (1)
- Free exercise (1)
- Guilt and blame (1)
- Guilt and punishment (1)
- Nonneutral law (1)
- Northwestern University Law Review (1)
- Notre Dame Journal of Law Ethics and Public Policy (1)
- Paradigms of guilt (1)
- Religious belief (1)
- Religious conviction (1)
- Religious liberty (1)
- Sense of shame (1)
- Theoretical Inquiries in Law (1)
- Virginia Law Review (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Punishment, Guilt, And Shame In Biblical Thought, George P. Fletcher
Punishment, Guilt, And Shame In Biblical Thought, George P. Fletcher
Faculty Scholarship
The centrality of guilt in the criminal law provides puzzling perspective in the perennial debate on the nature and purpose of punishment. Why is it that all legal systems use this highly charged moral term to refer to an essential component of liability to punishment? This question is not easily answered. The reliance on the concept of guilt in the criminal law is suffused with paradox and mystery.
More Is Less, Philip A. Hamburger
More Is Less, Philip A. Hamburger
Faculty Scholarship
Is the First Amendment's right of free exercise of religion conditional upon government interests? Many eighteenth-century Americans said it was utterly unconditional. For example, James Madison and numerous contemporaries declared in 1785 that "the right of every man to exercise ['Religion'] ... is in its nature an unalienable right" and "therefore that in matters of Religion, no mans right is abridged by the institution of Civil Society." In contrast, during the past forty years, the United States Supreme Court has repeatedly conditioned the right of free exercise on compelling government interests. The Court not merely qualifies the practice of the …
Collective Guilt And Collective Punishment, George P. Fletcher
Collective Guilt And Collective Punishment, George P. Fletcher
Faculty Scholarship
Attitudes toward collective guilt in the Middle East require us to take a closer look at guilt in the Bible. It turns out the text of Genesis is conflicted. Some passages support a theory of guilt linked with the inevitability of cleansing and punishment; other passages appear to treat guilt as a psychological state that might be cured by a confession of sins. The tension is important today in trying to understand whether the collective guilt of nations should also entail collective punishment.
Religion And The Rehnquist Court, Kent Greenawalt
Religion And The Rehnquist Court, Kent Greenawalt
Faculty Scholarship
This summary Article pays predominant attention to what the Rehnquist Court has altered. It slights a significant range of continuity. That includes the Court's strong rejection of laws that discriminate among religions or that target religious practices and the Court's inhospitable response to religious exercises that are sponsored by public schools. Although "continuity" may be a misleading term for subjects a court has not addressed, the Supreme Court has not touched the law regarding judicial involvement in church property disputes since Rehnquist became Chief Justice, and nothing it has decided presages an obvious shift in that jurisprudence.