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Full-Text Articles in Law

Religious Claims And The Dynamics Of Argument, M. Kaveny Nov 2013

Religious Claims And The Dynamics Of Argument, M. Kaveny

M. Cathleen Kaveny

This Article investigates the questions whether and when religious claims may enter into public debate about important political issues by considering the purposes of argument in the public square. These purposes include: (1) argument as self-disclosure; (2) argument as persuasion; and (3) argument as bulwark against engagement with the ideas of others. The Article argues that restrictions on the use of religious claims in public deliberations and discussion impede the legitimate functions of public argument as self-disclosing and persuasive activities. In contrast, such restrictions contribute to the use of argument as bulwark, which is arguably destructive to public deliberation in …


Managed Care, Assisted Suicide, And Vulnerable Populations, M. Kaveny Nov 2013

Managed Care, Assisted Suicide, And Vulnerable Populations, M. Kaveny

M. Cathleen Kaveny

No abstract provided.


Prophecy And Casuistry: Abortion, Torture And Moral Discourse, M. Kaveny Nov 2013

Prophecy And Casuistry: Abortion, Torture And Moral Discourse, M. Kaveny

M. Cathleen Kaveny

No abstract provided.


Development Of Catholic Moral Doctrine: Probing The Subtext, M. Kaveny Nov 2013

Development Of Catholic Moral Doctrine: Probing The Subtext, M. Kaveny

M. Cathleen Kaveny

No abstract provided.


Erastian And High Church Approaches To The Law: The Jurisprudential Categories Of Robert E. Rodes, Jr., M. Kaveny Nov 2013

Erastian And High Church Approaches To The Law: The Jurisprudential Categories Of Robert E. Rodes, Jr., M. Kaveny

M. Cathleen Kaveny

It is a great honor for me to have been asked to contribute to this issue of the Journal of Law and Religion focusing on the work of my colleague and friend, Robert E. Rodes, Jr. In June 2006, Professor Rodes celebrated his fiftieth anniversary as a member of the faculty of Notre Dame Law School. His long career has marked him as a founding father of interdisciplinary scholarship at the intersection of faith, law, and morality—the very sort of scholarship which this journal is dedicated to fostering and preserving.

The topics that Professor Rodes has considered over the years …


Listening For The Future In The Voices Of The Past: John T. Noonan, Jr. On Love And Power In Human History, M. Kaveny Nov 2013

Listening For The Future In The Voices Of The Past: John T. Noonan, Jr. On Love And Power In Human History, M. Kaveny

M. Cathleen Kaveny

No abstract provided.