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Full-Text Articles in Law

The Metaphorical Bridge Between Law And Religion, John Witte Jr. Mar 2020

The Metaphorical Bridge Between Law And Religion, John Witte Jr.

Pepperdine Law Review

This Article explores the role of metaphors in shaping our thought and language in general, and in the fields of law and religion in particular. Drawing on modern cognitive theorists like George Lakoff and Mark Johnson, the Article distinguishes and illustrates the roles of “orientation,” “structural,” and “ontological” metaphors in everyday life and language. Drawing on jurists like Robert Cover and Steven Winter, it shows how metaphors work both in describing the law in terms like “the body,” and in prescribing the foundational beliefs and values on which the legal system depends. Finally, the Article explores the ample use of …


"There Are No Ordinary People": Christian Humanism And Christian Legal Thought, Richard W. Garnett Sep 2018

"There Are No Ordinary People": Christian Humanism And Christian Legal Thought, Richard W. Garnett

Journal of Catholic Legal Studies

(Excerpt)

It seems to me that what my colleague, teacher, and friend, the late Robert E. Rodes, Jr., liked to call “the legal enterprise” is the project of coordinating, structuring, facilitating, and constraining human activities in a way that promotes and secures the common good and, thereby, promotes the flourishing of human persons. This project proceeds from, and depends on, an account of what the human person is and is for—a “moral anthropology.” I have argued elsewhere, for example, that certain “truths about the nature, goods, and destiny of the human person, namely, that we were made by God—whose love …


Brennan And Brewbaker's Christian Legal Thought: Providing The Foundations For Establishment Clause Understanding, Angela C. Carmella Sep 2018

Brennan And Brewbaker's Christian Legal Thought: Providing The Foundations For Establishment Clause Understanding, Angela C. Carmella

Journal of Catholic Legal Studies

(Excerpt)

Under this approach—which clearly prioritizes the protection of religious exercise as well as the religious messages of cultural and political institutions—it appears that the Establishment Clause plays little or no role independent of the Free Exercise Clause. My question, then, is whether Christian legal thought compels us, or at least supports, such a reading of the Establishment Clause. In other words, does this lack of concern for non-establishment norms inhere in Christian legal and political thought? I look to Patrick Brennan and William Brewbaker’s casebook—Christian Legal Thought: Materials and Cases (“CLT”) —in search of a framework for exploration. …


Christian Legal Thought Comes Of Age, David A. Skeel, Jr. Sep 2018

Christian Legal Thought Comes Of Age, David A. Skeel, Jr.

Journal of Catholic Legal Studies

(Excerpt)

CLT is a deeply satisfying book. It raises more questions than it answers, just as a casebook should. Perhaps most surprising, CLT looks and feels like a true casebook, a book one could actually use for a class that students might wish to take. As I worked my way through its pages, three features stuck out. I will briefly consider each, then conclude by putting the casebook in larger perspective.


There Are No Ordinary People: Christian Humanism And Christian Legal Thought, Richard W. Garnett Nov 2017

There Are No Ordinary People: Christian Humanism And Christian Legal Thought, Richard W. Garnett

Journal Articles

This short essay is a contribution to a volume celebrating a new casebook, "Christian Legal Thought: Materials and Cases", edited by Profs. Patrick McKinley Brennan and William S. Brewbaker.


Theory, Identity, Vocation: Three Models Of Christian Legal Scholarship, William Brewbaker Dec 2008

Theory, Identity, Vocation: Three Models Of Christian Legal Scholarship, William Brewbaker

William S. Brewbaker III

Recognizably Christian scholarship is becoming more commonplace in the American legal academy, yet little systematic attention has been given to fundamental questions of approach. This article highlights moments of continuity and discontinuity between Christian legal scholarship and its secular counterparts. Contrary to the expectations generated by contemporary political debate, the distinctive contribution of Christian legal scholarship is not primarily to provide ammunition for political programs of the right or the left, but to situate law and human legal practices within a larger story about the world. This article develops three models of Christian legal scholarship - theory, identity and vocation. …


January 6, 2008: The Need For Religion, Bruce Ledewitz Jan 2008

January 6, 2008: The Need For Religion, Bruce Ledewitz

Hallowed Secularism

The Need for Religion


Found Law, Made Law And Creation: Reconsidering Blackstone's Declaratory Theory, William Brewbaker Dec 2006

Found Law, Made Law And Creation: Reconsidering Blackstone's Declaratory Theory, William Brewbaker

William S. Brewbaker III

The subject of this paper is Blackstone's famous declaratory theory of law - the claim that judges find the law, rather than make it. Blackstone's claim is widely rejected in the legal academy, often because Blackstone is (wrongly) associated with the brooding omnipresence view of law rejected in cases like Erie, Guaranty Trust and Southern Pacific Co. v. Jensen. I argue that Blackstone's theory fails for other reasons - namely, because his account does not square well with law practice as it exists and because his distinction between legislative lawmaking and judicial declaration is ultimately unsustainable. Despite its faults, Blackstone's …


Thomas Aquinas And The Metaphysics Of Law, William Brewbaker Dec 2006

Thomas Aquinas And The Metaphysics Of Law, William Brewbaker

William S. Brewbaker III

Despite modernity's longstanding aversion to metaphysics, legal scholars are increasingly questioning whether law can be understood in isolation from wider questions about the nature of reality. This paper examines perhaps the most famous of metaphysical legal texts - Thomas Aquinas' still-widely-read Treatise on Law - with a view toward tracing the influence of Thomas' metaphysical presuppositions. This article shows that Thomas' account of human law cannot be fully understood apart from his metaphysics. Attention to Thomas' hierarchical view of reality exposes tensions between Thomas' "top-down" account of law and his sophisticated "bottom-up" observations. For example, Thomas grounds human law's authority …