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- Law and religion (12)
- Book review (4)
- Religious pluralism (3)
- Discourse theory of law (2)
- Eric Michael Mazur (2)
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- Human rights (2)
- Judicial decision making (2)
- Jurgen Habermas (2)
- Legal indeterminacy (2)
- Michael J. Perry (2)
- Secularization of law (2)
- David W. Machacek (1)
- De facto disestablishment (1)
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- Establishment clause (1)
- First Amendment (1)
- Free exercise of religion (1)
- Freedom of conscience (1)
- Globalization (1)
- International law (1)
- James Hitchcock (1)
- Judges (1)
- Legal indeterminancy (1)
- Lucinda Peach (1)
- Modern paradigm (1)
- Nature of law (1)
- Normative theory of law (1)
- Phillip E. Hammond (1)
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Articles 1 - 14 of 14
Full-Text Articles in Law
Book Review, Mark C. Modak-Truran
Book Review, Mark C. Modak-Truran
Journal Articles
This book brings together two previously separate aspects of Michael J. Perry’s thoughtful and pioneering scholarship dealing with the proper relation of morality (especially religious morality) to law and human rights and the role of courts in protecting human rights.
Secularization, Legal Indeterminacy, And Habermas's Discourse Theory Of Law, Mark C. Modak-Truran
Secularization, Legal Indeterminacy, And Habermas's Discourse Theory Of Law, Mark C. Modak-Truran
Journal Articles
This Article focuses on Habermas’s sophisticated awareness of the tension between secularization of law and legal indeterminacy and treats his discourse theory of law as a significant test of the feasibility of reconciling these claims. In an earlier article, I criticized Habermas’s discourse of justification and his claim that it legitimated the law independently of a religious or metaphysical worldview. Even assuming I was misguided in that critique, this Article argues that Habermas’s discourse of application is incoherent and fails to maintain the secularization of the law in the face of legal indeterminacy. Given Habermas’s failure, contemporary legal theory needs …
Beyond Theocracy And Secularism (Part I): Toward A New Paradigm For Law And Religion, Mark C. Modak-Truran
Beyond Theocracy And Secularism (Part I): Toward A New Paradigm For Law And Religion, Mark C. Modak-Truran
Journal Articles
As part of a larger project challenging and moving beyond the premodern and modern paradigms, this article focuses on the modern paradigm and its notion of secularization. Section II will discuss the origin of the modern paradigm as a reaction to the religious pluralism and the religious wars in the sixteenth and seventeenth century such as the Thirty Years War in Europe (1618-48) and the English Civil War (1642-51) resulting from the Protestant Reformation. The Reformation divided the Western part of the Christian tradition into separate confessional institutions based on different theological interpretations of Christianity such as Lutheran, Calvinist, and …
Symposium Introduction, Mark C. Modak-Truran
Symposium Introduction, Mark C. Modak-Truran
Journal Articles
The articles and essays in this Symposium should greatly aid disclosing key presuppositions of religionists and secularists by thinking about the law (rather than through the law) and by employing other disciplinary perspectives and methods to provide a more sophisticated understanding of law and religion. I will provide a brief summary of each article and essay and indicate the methods or disciplinary perspectives employed by them in their analysis.
Book Review, Mark C. Modak-Truran
Book Review, Mark C. Modak-Truran
Journal Articles
In volume 1, James Hitchcock provides a comprehensive historical treatment of all the U.S. Supreme Court cases involving the religion clauses. Volume 2 focuses on the broader “context of the continuing dialogue about the role of religion in public life” and its relationship to the Court’s interpretation of the religion clauses.
Book Review, Mark C. Modak-Truran
Book Review, Mark C. Modak-Truran
Journal Articles
RELIGION ON TRIAL makes the historical debates about the religion clauses accessible to a broad audience. In addition, it properly links issues of free exercise of religion to issues about fundamental rights in a manner that is usually missed by legal scholars and political scientists. Consequently, this book would be a good addition to undergraduate, graduate, and law school courses on the religion clauses or on law and religion.
Book Review, Mark C. Modak-Truran
Book Review, Mark C. Modak-Truran
Journal Articles
Lucinda Peach addresses the issue of religious lawmaking by focusing on the constitutional implications and gender issues that she argues have been overlooked by the Supreme Court and by participants in the debate about religion in politics.
Reenchanting The Law: The Religious Dimension Of Judicial Decision Making, Mark C. Modak-Truran
Reenchanting The Law: The Religious Dimension Of Judicial Decision Making, Mark C. Modak-Truran
Journal Articles
Without a religious justification in the law, judges cannot fully justify their decisions in hard cases from within the law. The law must be indeterminate because the Establishment Clause proscribes this full justification. This does not mean that the Establishment Clause prohibits judges from fully justifying their decisions during their deliberations about hard cases. It only prohibits judges from including that full justification in their written opinions. Deliberation and explanation are separate stages of judicial decision making that should be kept distinct. Given this distinction, my thesis is that judges should fully justify their decisions in hard cases by relying …
Symposium Introduction: Law, Religion, And Human Rights In Global Perspective, Mark C. Modak-Truran
Symposium Introduction: Law, Religion, And Human Rights In Global Perspective, Mark C. Modak-Truran
Journal Articles
The essays and articles in this Symposium highlight the importance of religion for properly understanding the nature of law, feminism, globalization, human rights, international legal history, and judicial decision making. These essays and articles also challenge the academy to accept a more sophisticated understanding of religion and to understand its importance for all academic inquiry.
Reenchanting International Law, Mark C. Modak-Truran
Reenchanting International Law, Mark C. Modak-Truran
Journal Articles
I will argue that international law needs religion because it is indeterminate and that international law should not attempt to resolve legal indeterminancy because this would require establishing an official international religion. Given the limitations of this article, however, I will not attempt to provide a comprehensive normative and descriptive account of law and international law to support this claim." My more modest expectations are to provide a normative theory of law to justify the interpretation of international law in cases in which international law is indeterminate.
Book Review, Mark C. Modak-Truran
Book Review, Mark C. Modak-Truran
Journal Articles
Eric Michael Mazur’s dissertation (supervised by Phillip E. Hammond) argues that minority religious communities have had to “subordinate their distinct theological beliefs to the transcending principles of the majority articulated by the constitutional order, or they are forced to do so by the physical powers of the government” (p. xxv). To support this argument, he takes an empirical approach and focuses on the Jehovah’s Witnesses, the Church of Jesus Christ of Latter-Day Saints (the Mormons), and Native American religious traditions.
Book Review, Mark C. Modak-Truran
Book Review, Mark C. Modak-Truran
Journal Articles
This book not only represents the culmination of Michael J. Perry’s thoughtful and important deliberation (two other books and numerous articles) on the proper relation of morality (especially religious morality) to politics and law, but it also presents arguments that are very accessible to those in religious studies, philosophy, political science, and law.
The Religious Dimension Of Judicial Decision Making And The Defacto Disestablishment, Mark C. Modak-Truran
The Religious Dimension Of Judicial Decision Making And The Defacto Disestablishment, Mark C. Modak-Truran
Journal Articles
Despite the de facto disestablishment of religion, I will try to illustrate the centrality of religion as a resource for understanding judicial decision making. The central question for this inquiry is: What, if any, is the role of religious beliefs in judicial decision making?
Habermas’S Discourse Theory Of Law And The Relationship Between Law And Religion, Mark C. Modak-Truran
Habermas’S Discourse Theory Of Law And The Relationship Between Law And Religion, Mark C. Modak-Truran
Journal Articles
The relationship between law and religion has become the subject of a sustained and robust debate. However, unlike earlier theological attempts to ground law in religion or the Divine, participants in the modem debate rarely, if ever, argue for a theological or religious legitimation of law. Either implicitly or explicitly, there appears to be a modem consensus among legal scholars and philosophers that the world has been disenchanted. The world can no longer be viewed as an integrated, meaningful whole under a comprehensive religious or metaphysical worldview, and law can no longer be legitimized by its religious or metaphysical foundations. …