Law and Philosophy Commons^™

June 8, 2012: How Do The Draft Cases Aid In Resolution Of The Culture Wars?, Bruce Ledewitz

Hallowed Secularism

Blog post, “How Do the Draft Cases Aid in Resolution of the Culture Wars?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

June 2, 2012: Massachusetts V. United States Department Of Health And Human Services, Bruce Ledewitz

Hallowed Secularism

Blog post, “ MASSACHUSETTS v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 30, 2012: Seeger—An Extraordinary Case, Bruce Ledewitz

Hallowed Secularism

Blog post, “Seeger—an Extraordinary Case“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 27, 2012: Happy Memorial Day, Bruce Ledewitz

Hallowed Secularism

Blog post, “Happy Memorial Day“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 24, 2012: What Is The Right Term For Nonmembers Of Organized Religion?, Bruce Ledewitz

Hallowed Secularism

Blog post, “What Is the Right Term for Nonmembers of Organized Religion?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 21, 2012: Raimon Panikkar On Church And State, Bruce Ledewitz

Hallowed Secularism

Blog post, “Raimon Panikkar on Church and State“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 15, 2012: Religion At Occupy Wall Street, Bruce Ledewitz

Hallowed Secularism

Blog post, “Religion at Occupy Wall Street“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 9, 2012: The Future Of Secularism, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Future of Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 2, 2012: Charles Murray And Alain De Botton Agree On The Emptiness Of Secular Life, Bruce Ledewitz

Hallowed Secularism

Blog post, “Charles Murray and Alain de Botton Agree on the Emptiness of Secular Life“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Two-Way Translation: The Ethics Of Engaging With Religious Contributions In Public Deliberations, Jeremy Waldron

Mercer Law Review

Our topic for this Symposium panel is "Citizenship and Civility in a Divided Democracy: Political, Religious, and Legal Concerns." It is a topic that can be approached in the abstract or through a case study. I am going to proceed with a case study, involving the work of one of Mercer University's most distinguished scholars and public thinkers, University Professor and Professor of Christian Ethics, David Gushee. But the discussion will become abstract before very long.

I. AN EVANGELICAL DECLARATION AGAINST TORTURE

In March 2007, an organization called Evangelicals for Human Rights issued a document entitled An Evangelical Declaration Against …

Violence And Poltical Incivility, David Lyons

Mercer Law Review

The charge to our panel refers to "the deterioration of the political conversation," to "deep ... divisions in society," and to recent violence- especially the tragic events in Tuscon. It asks us to identify "the virtues required.for our common life as citizens in a democracy and for civil democratic conversation." I shall offer observations and conjectures on each issue, stressing the historical background.

Let me suggest, first,. that the nonconstructive and increasingly abusive character of our political discourse may be relatively mild manifestations of an even more troubling malaise of our society- commonplace unlawful violence. I wish to draw your …

Democratic Citizenship And Civil Political Conversation: What's Law Got To Do With It?, Marianne Constable

Mercer Law Review

I have been asked to talk about democratic citizenship and civil conversation and what law has to do with it. I have been asked in particular: How are legal traditions and legal conversations implicated in our common life as citizens and, I presume, as residents, and in our political conversation? What can law contribute toward a restoration of the virtues required for democratic citizenship and civil conversation? At first, I thought about this second question as a question about the resources of law for repairing or mending political conversation.

Put this way though, the question is too easy to set …

Religious Reason-Giving In The Torture Debate: A Response To Jeremy Waldron, David P. Gushee

Mercer Law Review

I am grateful to the Mercer Law Review for including a Christian ethics professor in this colloquy and, wearing my other hat as a cosponsor of this symposium, grateful to our distinguished guests for being here! I am also grateful to my friend Jeremy Waldron for his very kind words about me and about our Evangelical Declaration Against Torture,' and for his excellent paper presented at this symposium, to which it is my honor to offer a brief response.

It seems to me that a paper focusing as it does on my own work on the Evangelical Declaration rightly evokes …

Law As Language?, Steven D. Smith

Mercer Law Review

It is an honor for me to be able to participate in this Symposium with such distinguished company, and I want to thank the Mercer Law Review and the symposium organizers for inviting me. I do feel a bit awkward, though, commenting on Professor Marianne Constable's paper. As it happens, I agree with most of the sentences in the paper, taken one-by-one, but I am not sure that I catch the larger vision that the paper seeks to convey, and I am also unsure how Professor Constable's astute observations about law and language respond to the overall theme of this …

The Controversy About The Essence Of Law: A Dispute Between Hart And Dworkin, Petrus Ckl Bello

Indonesia Law Review

Does the law merely contain rules? Or does it also include morality? The debate between H.L.A. Hart and Ronald Dworkin revolved around this very issue. Hart considered the law is nothing more than a set of rules whereas Dworkin believed that the law contains not only the rules but also principles which are morality and justice. This paper is trying to explore the issue of the relationship of law and morality in the context of this debate between Hart and Dworkin. The debate itself is very significant in the study of law. Following their arguments we can learn a lot …

April 26, 2012: The Continuing Attack On/Engagement With Religion, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Continuing Attack on/Engagement with Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

April 20, 2012: Back To The Bishops, Bruce Ledewitz

Hallowed Secularism

Blog post, “Back to the Bishops“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

April 15, 2012: Atheism Is Growing, Bruce Ledewitz

Hallowed Secularism

Blog post, “Atheism is Growing“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

April 12, 2012: Reason Rally Update, Bruce Ledewitz

Hallowed Secularism

Blog post, “Reason Rally Update“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

April 8, 2012: Happy Easter, Bruce Ledewitz

Hallowed Secularism

Blog post, “Happy Easter“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

April 4, 2012: Samuel Moyn’S Questions About Church, State, And The Crisis In American Secularism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Samuel Moyn’s Questions about Church, State, and the Crisis in American Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

April 1, 2012: A Partisan Day Of Prayer And Fasting, Bruce Ledewitz

Hallowed Secularism

Blog post, “A Partisan Day of Prayer and Fasting“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Martin V. Malcolm: Democracy, Nonviolence, Manhood, John M. Kang

West Virginia Law Review

No abstract provided.

You Say You Want A (Nonviolent) Revolution, Well Then What? Translating Western Thought, Strategic Ideological Cooptation, And Institution Building For Freedom For Governments Emerging Out Of Peaceful Chaos, Donald J. Kochan

West Virginia Law Review

No abstract provided.

Theorizing American Freedom, Anthony O'Rourke

Michigan Law Review

Some intellectual concepts once central to America's constitutional discourse are, for better and worse, no longer part of our political language. These concepts may be so alien to us that they would remain invisible without carefully reexamining the past to challenge the received narratives of America's constitutional development. Should constitutional theorists undertake this kind of historical reexamination? If so, to what extent should they be willing to stray from the disciplinary norms that govern intellectual history? And what normative aims can they reasonably expect to achieve by exploring ideas in our past that are no longer reflected in the Constitution's …

March 30, 2012: A Fundamental Rights Case Masquerading As A Commerce Clause Case, Bruce Ledewitz

Hallowed Secularism

Blog post, “A Fundamental Rights Case Masquerading as a Commerce Clause Case“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

March 24, 2012: An Open Letter To David Niose, President Of The American Humanist Association, Bruce Ledewitz

Hallowed Secularism

Blog post, “An Open Letter to David Niose, President of the American Humanist Association“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

March 23, 2012: Warm Enough For You?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Warm Enough For You?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

March 19, 2012: Without Gods, Bruce Ledewitz

Hallowed Secularism

Blog post, “Without Gods“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

March 16, 2012: Pannikkar’S Rhythm Of Being, Bruce Ledewitz

Hallowed Secularism

Blog post, “Pannikkar’s Rhythm of Being“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.