42 research outputs found
Beyond Theocracy and Secularism (Part I): Toward a New Paradigm for Law and Religion
Symposium on Religion, Religious Pluralism, and the Rule of La
Habermas’s Discourse Theory of Law and the Relationship Between Law and Religion
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. Jurgen Habermas\u27s discourse theory of law attempts to provide a justification for law that explicitly adopts the modem consensus that law must be legitimized independently of a religious or metaphysical worldview
Book Review
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
Symposium Introduction: Law, Religion, and Human Rights in Global Perspective
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
Warrantless Aerial Surveillance After \u3ci\u3eCiraolo\u3c/i\u3e and \u3ci\u3eDow Chemical:\u3c/i\u3e The Omniscient Eye in the Sky
Book Review
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
Book Review
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