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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.


Hauerwas And The Law: Is There A Basis For Conversation?, M. Cathleen Kaveny Dec 2011

Hauerwas And The Law: Is There A Basis For Conversation?, M. Cathleen Kaveny

M. Cathleen Kaveny

No abstract provided.


Prophetic Discourse In The Public Square, M. Cathleen Kaveny Dec 2008

Prophetic Discourse In The Public Square, M. Cathleen Kaveny

M. Cathleen Kaveny

No abstract provided.


Erastian And High Church Approaches To The Functions And Methods Of The Law: Toward An Integration Of The Jurisprudential Categories Of Robert E. Rodes, Jr, M. Cathleen Kaveny Dec 2006

Erastian And High Church Approaches To The Functions And Methods Of The Law: Toward An Integration Of The Jurisprudential Categories Of Robert E. Rodes, Jr, M. Cathleen Kaveny

M. Cathleen Kaveny

No abstract provided.


Prophecy And Casuistry: Abortion, Torture And Moral Discourse (Giannella Lecture), M. Cathleen Kaveny Dec 2005

Prophecy And Casuistry: Abortion, Torture And Moral Discourse (Giannella Lecture), M. Cathleen Kaveny

M. Cathleen Kaveny

No abstract provided.


Rhetoric, Public Reason And Bioethics: The President's Council On Bioethics And Human Cloning, M. Cathleen Kaveny Dec 2003

Rhetoric, Public Reason And Bioethics: The President's Council On Bioethics And Human Cloning, M. Cathleen Kaveny

M. Cathleen Kaveny

No abstract provided.


Development Of Catholic Moral Doctrine: Probing The Subtext, M. Cathleen Kaveny Dec 2002

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

M. Cathleen Kaveny

No abstract provided.


Complicity With Evil, M. Cathleen Kaveny Dec 2002

Complicity With Evil, M. Cathleen Kaveny

M. Cathleen Kaveny

No abstract provided.


Conjoined Twins And Catholic Moral Analysis: Extraordinary Means And Casuistical Consistency, M. Cathleen Kaveny May 2002

Conjoined Twins And Catholic Moral Analysis: Extraordinary Means And Casuistical Consistency, M. Cathleen Kaveny

M. Cathleen Kaveny

This article draws upon the Roman Catholic distinction between “ordinary” and “extraordinary” means of medical treatment to analyze the case of “Jodie” and “Mary,” the Maltese conjoined twins whose surgical separation was ordered by the English courts over the objection of their Roman Catholic parents and Cormac Murphy-O’Connor, the Roman Catholic Cardinal Archbishop of Westminster. It attempts to shed light on the use of that distinction by surrogate decision makers with respect to incompetent patients. In addition, it critically analyzes various components of the distinction by comparing the reasoning used by Catholic moralists in this case with the reasoning used …


Billable Hours And Ordinary Time: A Theological Critique Of The Instrumentalization Of Time In Professional Life, M. Cathleen Kaveny Dec 2000

Billable Hours And Ordinary Time: A Theological Critique Of The Instrumentalization Of Time In Professional Life, M. Cathleen Kaveny

M. Cathleen Kaveny

No abstract provided.


Religious Claims And The Dynamics Of Argument, M. Cathleen Kaveny Dec 2000

Religious Claims And The Dynamics Of Argument, M. Cathleen 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 …


Cloning And Positive Liberty, M. Cathleen Kaveny Dec 1998

Cloning And Positive Liberty, M. Cathleen Kaveny

M. Cathleen Kaveny

No abstract provided.


A Response To John T. Noonan, Jr., M. Cathleen Kaveny Dec 1998

A Response To John T. Noonan, Jr., M. Cathleen Kaveny

M. Cathleen Kaveny

No abstract provided.


Managed Care, Assisted Suicide And Vulnerable Populations, M. Cathleen Kaveny Jun 1998

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

M. Cathleen Kaveny

No abstract provided.


Listening For The Future In The Voices Of The Past: John T. Noonan, Jr. On Love And Power In Human History (Expanded Version), M. Cathleen Kaveny Dec 1993

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

M. Cathleen Kaveny

No abstract provided.