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Articles 1 - 25 of 25

Full-Text Articles in Law

It's Not Just Larsen, Bruce Ledewitz Dec 1993

It's Not Just Larsen, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


The Place Of Religious Argument In A Free And Democratic Society, Robert Audi Nov 1993

The Place Of Religious Argument In A Free And Democratic Society, Robert Audi

San Diego Law Review

This Article provides an account of the notion of a religious argument, distinguishes several roles of religious arguments in a liberal democracy, and defends a set of principles for their proper use in such a society. The author argues that it is appropriate that citizens apply a kind of separation of church and state in their public use of religious arguments, especially in advocating laws or public policies that restrict liberty. More specifically, the author contends that whatever religious arguments one may have in such cases, one should also be willing to offer, and be to a certain extent motivated …


Liberalism, Religion And The Unity Of Epistemology, Larry Alexander Nov 1993

Liberalism, Religion And The Unity Of Epistemology, Larry Alexander

San Diego Law Review

This Article focuses on the relation between liberalism and religion. Professor Alexander argues that liberalism is itself just a sectarian view on the same level as the religious and other views that it purports to be neutral about and to tolerate. The Article shows that liberalism is a rejection of all illiberal religious tenets. It further contends that liberalism cannot make out its case for excluding religious arguments from shaping public policy. It concludes that to the extent liberalism is defined by or rests on the insulation of public policy from religious views, liberalism is undermined by its failure to …


Religion And Public Debate In A Liberal Society: Always Oil And Water Or Sometimes More Like Rum And Coca-Cola, Maimon Schwarzschild Nov 1993

Religion And Public Debate In A Liberal Society: Always Oil And Water Or Sometimes More Like Rum And Coca-Cola, Maimon Schwarzschild

San Diego Law Review

This Article analyzes the role of religion during the Enlightenment, particularly focusing on the negative views toward Christianity. The author explores the reasons why Christianity was not embraced by Enlightenment thinkers, and attempts to relate this to the modern view of religion. Where religious thinking posed a considerable threat to institutions in the era of Enlightenment, religious thinking arguably does not pose such a threat in modern times. The author concludes with an argument that the presence of religion in modern society strengthens pluralism, and thus strengthens liberal society itself.


Beyond Religion And Enlightenment, Charles Larmore Nov 1993

Beyond Religion And Enlightenment, Charles Larmore

San Diego Law Review

This Article addresses the theory that modern society is beyond religion. The author reasons that secularization is the result of Judeo-Christian monotheism. God's transcendence has led to his withdrawal from the world and thus to the autonomy of the world. The author analyzes such views and addresses the reasons for morality in modern society; whether it stems from belief in God, or a modern view that God is not necessary in order to have morality.


Contexts Of The Political Role Of Religion: Civil Society And Culture, David Hollenbach S.J. Nov 1993

Contexts Of The Political Role Of Religion: Civil Society And Culture, David Hollenbach S.J.

San Diego Law Review

This Article argues that we need to frame the question of the relation of religion to public life in a way that goes beyond discussion of the direct impact of religious convictions on policy choices. The Article considers religion's public influences, such as its influence on the multiple communities and institutions of civil society and on the public self-understanding of a society called culture. In considering these influences, the author offers a new perspective on the role of religious belief in the decisions of those who draft legislation, reach judicial decisions, administer the domestic and foreign affairs of the nation, …


The Pope's Submarine, John H. Garvey Nov 1993

The Pope's Submarine, John H. Garvey

San Diego Law Review

This Article looks at the conflict between religious authority and liberal politics from a point of view within the Catholic Church. It examines the grounds of the teaching authority asserted by the Church, the scope and strength of that authority, and the possibility that obedience to authority will create dilemmas for religiously committed public officials. For purposes of illustration it uses New York Governor Mario Cuomo's religious and political observations on the subject of abortion.


Section 4: Religion, Institute Of Bill Of Rights Law, William & Mary Law School Sep 1993

Section 4: Religion, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Clinic Bill Strikes At Nonviolent Protest, Bruce Ledewitz May 1993

Clinic Bill Strikes At Nonviolent Protest, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


Getting The Word, David Luban May 1993

Getting The Word, David Luban

Michigan Law Review

A Review of The Word and the Law by Milner S. Ball


The Affirmative Action/Quota Issue: Back To The Future In The Year 2000? (The Ben J. Altheimer Lecture), James E. Jones Jr. Apr 1993

The Affirmative Action/Quota Issue: Back To The Future In The Year 2000? (The Ben J. Altheimer Lecture), James E. Jones Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.


The Role Of Religious Values In Judicial Decision Making, Scott C. Idleman Apr 1993

The Role Of Religious Values In Judicial Decision Making, Scott C. Idleman

Indiana Law Journal

No abstract provided.


Mishandling The Current Crisis, Bruce Ledewitz Jan 1993

Mishandling The Current Crisis, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


The Role Of Executive Clemency In Modern Death Penalty Cases, Bruce Ledewitz Jan 1993

The Role Of Executive Clemency In Modern Death Penalty Cases, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


Reflections On The American And Talmudic Death Penalty, Bruce Ledewitz Jan 1993

Reflections On The American And Talmudic Death Penalty, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


Images, Spirituality, And Law, Richard Stith Jan 1993

Images, Spirituality, And Law, Richard Stith

Law Faculty Publications

No abstract provided.


No Punishment Without Cruelty, Bruce Ledewitz Jan 1993

No Punishment Without Cruelty, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


Could The Death Penalty Be A Cruel Punishment?, Bruce Ledewitz Jan 1993

Could The Death Penalty Be A Cruel Punishment?, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


Why The Taint To Religion?: The Interplay Of Chance And Reason, Richard Stith Jan 1993

Why The Taint To Religion?: The Interplay Of Chance And Reason, Richard Stith

Law Faculty Publications

No abstract provided.


Profit, Progress And Moral Imperatives, Deborah W. Post Jan 1993

Profit, Progress And Moral Imperatives, Deborah W. Post

Touro Law Review

No abstract provided.


Judaism And Postmodernism, Suzanne Last Stone Jan 1993

Judaism And Postmodernism, Suzanne Last Stone

Faculty Articles

No abstract provided.


Book Review. Choosing The Dream: The Future Of Religion In American Public Life By F. M. Gedicks And R. Hendrix, Daniel O. Conkle Jan 1993

Book Review. Choosing The Dream: The Future Of Religion In American Public Life By F. M. Gedicks And R. Hendrix, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.


Ordinary Sacraments, Emily A. Hartigan Jan 1993

Ordinary Sacraments, Emily A. Hartigan

Faculty Articles

Richard Parker is a true force in constitutional thought, and his Populist commitment finds fertile landscape. However, there is something missing from his account of populism—the role of reflection and the fear of God in human affairs. Parker never deals with the fact that “the people” believe in God. Despite the intellectualist drive to separate God from politics, most Americans do not maintain such a wall. Whether under a stultifying separationist doctrine or in a more open pluralism, the people are God-fearing in an increasingly fractured and fascinating way—they are recognizably, fundamentally religious. Parker advocates being in touch with what …


Religious Healing In The Courts: The Liberties And Liabilities Of Patients, Parents, And Healers, Barry Nobel Jan 1993

Religious Healing In The Courts: The Liberties And Liabilities Of Patients, Parents, And Healers, Barry Nobel

Seattle University Law Review

Accordingly, in light of this struggle to balance public health with religious liberty, this Article chronicles the evolving liberties and liabilities of religious patients, parents, and healers over the course of the twentieth century and examines the current state of religious healing law. Throughout, it advocates the greatest possible liberty for religious healing consistent with public and family security, as well as advocating equal protection under the law for all involved in religious treatment, whether they are members of organized religious groups or individual practitioners.


The Inequality Of Anti-Establishment, William P. Marshall Jan 1993

The Inequality Of Anti-Establishment, William P. Marshall

Faculty Publications

No abstract provided.