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Articles 1 - 9 of 9

Full-Text Articles in Law

Bologna Revisited (First Things, August 2009), Patrick Brennan Aug 2009

Bologna Revisited (First Things, August 2009), Patrick Brennan

Patrick McKinley Brennan

No abstract provided.


Forgiveness And Self-Love: A Holy Alliance?, Patrick Mckinley Brennan May 2009

Forgiveness And Self-Love: A Holy Alliance?, Patrick Mckinley Brennan

Patrick McKinley Brennan

No abstract provided.


Self- Love And Forgiveness: A Holy Alliance?, Patrick Mckinley Brennan May 2009

Self- Love And Forgiveness: A Holy Alliance?, Patrick Mckinley Brennan

Patrick McKinley Brennan

No abstract provided.


Equality, Conscience, And The Liberty Of The Church: Justifying The Controversiale Per Controversialius, Patrick Mckinley Brennan Mar 2009

Equality, Conscience, And The Liberty Of The Church: Justifying The Controversiale Per Controversialius, Patrick Mckinley Brennan

Patrick McKinley Brennan

This paper considers the central normative claim of Martha Nussbaum’s Liberty of Conscience: In Defense of America’s Tradition of Religious Equality, viz., that the U.S. Constitution’s religion clauses should be construed to provide equal (and extensive) protection to the vulnerable human faculty called conscience. The paper argues that Nussbaum’s argument from Rawlsian political liberalism that leads to her normative constitutional claim amounts, perversely, to an attempt to justify the controversial by the more controversial. The paper goes on to argue that while equality and conscience are concepts that are reasonably contested, Nussbaum illegitimately gives them priority over the also reasonably …


Delivering The Goods: Herein Of Delegation, Authority And The Mead Case, Patrick Brennan Dec 2008

Delivering The Goods: Herein Of Delegation, Authority And The Mead Case, Patrick Brennan

Patrick McKinley Brennan

No abstract provided.


Differentiating Church And State (Without Losing The Church), Patrick Brennan Dec 2008

Differentiating Church And State (Without Losing The Church), Patrick Brennan

Patrick McKinley Brennan

There is an ongoing debate about whether the U.S. Constitution includes – or should be interpreted to include – a principle of “church autonomy.” Catholic doctrine and political theology, by contrast, clearly articulated a principle of ”libertas ecclesiae,” liberty of the church, when during the nineteenth and early twentieth centuries the Church differentiated herself from the state. This article explores the meaning and origin of the doctrine of the libertas ecclesiae and the proper relationship among churches, civil society, and government. In doing so, it highlights the points at which church and state should cooperate and the points at which …


Persons, Participating, And "Higher Law", Patrick Mckinley Brennan Dec 2008

Persons, Participating, And "Higher Law", Patrick Mckinley Brennan

Patrick McKinley Brennan

No abstract provided.


Review Of Contemporary Perspectives On Natural Law (Ana Marta Gonzalez Ed., Ashgate 2009) (Invited), Patrick Mckinley Brennan Dec 2008

Review Of Contemporary Perspectives On Natural Law (Ana Marta Gonzalez Ed., Ashgate 2009) (Invited), Patrick Mckinley Brennan

Patrick McKinley Brennan

No abstract provided.


The Place Of "Higher Law" In The Quotidian Practice Of Law: Herein Of Practical Reason, Natural Law, Natural Rights, And Sex Toys, Patrick Mckinley Brennan Dec 2008

The Place Of "Higher Law" In The Quotidian Practice Of Law: Herein Of Practical Reason, Natural Law, Natural Rights, And Sex Toys, Patrick Mckinley Brennan

Patrick McKinley Brennan

No abstract provided.