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Articles 1 - 10 of 10
Full-Text Articles in Law
“God” Is Just Another Word, Bruce Ledewitz
“God” Is Just Another Word, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Rebuilding The Wall Of Separation: A Progressive Discussion On Church & State, Bruce Ledewitz
Rebuilding The Wall Of Separation: A Progressive Discussion On Church & State, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Nota Sobre Religiosidad Y Democracia [Final Proofs], Antonio-Carlos Pereira-Menaut
Nota Sobre Religiosidad Y Democracia [Final Proofs], Antonio-Carlos Pereira-Menaut
Antonio-Carlos Pereira-Menaut
En la discusión religión-democracia- laicismo, diversos autores católicos incurren en algunos errores. Primero, admiten un «meaculpismo » histórico no siempre fundado, y además aceptan la discusión en términos estatistas. Además, incurren en «eurocentrismo ». Finalmente, infravaloran ciertos factores de conflicto: la «vocación de iglesia» del estado, la soberanía, el desplazamiento de la política hacia lo personal, y también la pérdida de vigencia pública sufrida por tres importantes perspectivas: la especificidad de la política, el acuerdo fundamental y la masa jurídica de reglas y principios básicos.
Charles Taylor And The Future Of Secularism, Bruce Ledewitz
Charles Taylor And The Future Of Secularism, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Could Government Speech Endorsing A Higher Law Resolve The Establishment Clause Crisis?, Bruce Ledewitz
Could Government Speech Endorsing A Higher Law Resolve The Establishment Clause Crisis?, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Ethics As Self-Transcendence: Legal Education, Faith, And An Ethos Of Justice, Patrick Brown
Ethics As Self-Transcendence: Legal Education, Faith, And An Ethos Of Justice, Patrick Brown
Seattle University Law Review
Ethics is fundamentally about ethos, attitude, one's grounded stance or existential orientation, not the extrinsicism of concepts or the formalism of rules. Ethics concerns not just any orientation, but that intimate and demanding form of personal development manifested in the experience and practice of self-transcendence. Conversely, the neglect of ethics as self-transcendence introduces deep distortions into the way we socialize students into notions of ethics and professionalism. It introduces subsequent distortions into the conditions of legal practice. It encourages a superficial and extrinsic minimalism. It encourages, in effect, the disastrous conception of legal ethics as ethical legalism. I begin by …
Rules, Rights And Religion: The Abyssinian Baptist Church And The Quest For Community, 1808-1810, Quinton H. Dixie
Rules, Rights And Religion: The Abyssinian Baptist Church And The Quest For Community, 1808-1810, Quinton H. Dixie
Seattle University Law Review
Religion, as with law, is partially about bringing together opposing narrative interpretations in order to better understand what believers feel is real. This morning I will show how narratives and their various interpretations display how communities bound by laws and morality express their understanding of who they are called to be.
Legal Theology: Law, Modernity And The Sacred, Peter Fitzpatrick
Legal Theology: Law, Modernity And The Sacred, Peter Fitzpatrick
Seattle University Law Review
This article argues that there is both sameness and difference as between the secular and the religious, and that law, modern law, is constituently enmeshed within this sameness and difference. That combination of sameness and difference, along with the integral part of law, is traced in a cumulation of three historicities, the first being the creation of the world's imperium, of the modern world-system, in the sixteenth century. Then, with the second historicity we have the time of revolutions, seen here as almost revolutions, of the seventeenth and eighteenth centuries. And finally, with the third historicity we have the time …
Politics At The Pulpit: Tax Benefits, Substantial Burdens, And Institutional Free Exercise, Lloyd Hitoshi Mayer
Politics At The Pulpit: Tax Benefits, Substantial Burdens, And Institutional Free Exercise, Lloyd Hitoshi Mayer
Journal Articles
More than fifty years ago, Congress enacted a prohibition against political campaign intervention for all charities, including churches and other houses of worship, as a condition for receiving tax deductible contributions. Yet the IRS has never taken a house of worship to court for alleged violation of the prohibition through political comments from the pulpit, presumably at least in part because of concerns about the constitutionality of doing so. This decision is surprising, because a careful review of Free Exercise Clause case law - both before and after the landmark Employment Division v. Smith decision - reveals that the prohibition …
Exploring The Foundations Of Dworkin's Empire: The Discovery Of An Underground Positivist, Brian M. Mccall
Exploring The Foundations Of Dworkin's Empire: The Discovery Of An Underground Positivist, Brian M. Mccall
Brian M McCall
This review essay examines the jurisprudence of Ronald Dworkin as presented in the anthology: Exploring Law's Empire: The Jurisprudence of Ronald Dworkin, edited by Scott Hershovitz. Notwithstanding the influence Dworkin's jurisprudence has had on the reconsideration of moral reasoning within legal reasoning, the essay concludes that at its foundation Dworkin's jurisprudence is based upon Legal Positivist principles. The essay first summarizes the jurisprudence of Dworkin and then contrasts his jurisprudence with traditional Natural Law Legal Theory and finally exposes the Positivist foundations of Dworkin's Legal Empire.