Pluralist Establishment: Reflections on the English Experience

England\u27s historical and current synthesis of Church and State differs greatly from other European and American experiences. It contrasts sharply with the path taken by most states, which chose to cope with religious pluralism by privatizing religion and by trying to base public life on secular views of human nature. This paper reviews the unique inception, and continuance, of the church-state throughout English history. It also reviews the unique manner in which England chose to deal with religious pluralism while maintaining its established church. After reviewing the English experience of establishment of religion, this paper concludes that the total wall of separation which the United States has placed between Church and State is neither necessary nor desirable. Allowing for some integration of Church and State firmly incorporates the universality of many human concerns into an otherwise secular culture and safeguards against denial of the transcendence of the human person

Justice for Hedgehogs

Professor Dworkin begins this complex and ambitious book with a chapter called Baedeker after the nineteenth century guidebooks. In it, he gives an overview of his project, which is to show the unity of value. The title refers to a line by an ancient Greek poet, Archilochus, that Isaiah Berlin made famous for us. The fox knows many things, but the hedgehog knows one big thing. Value is one big thing (1). He articulates his overarching value in terms of human dignity: [W]e each have a sovereign ethical responsibility to make something of value of our own lives, as a painter makes something valuable of his canvas (13). He distinguishes between ethics and morality in what might seem a special way. Moral standards prescribe how we ought to treat others; ethical standards, how we ought to live ourselves (191). He derives morality from ethics, relying mainly on Immanuel Kant\u27s thesis that we cannot adequately respect our own humanity unless we respect humanity in others (14). With this unitary value of human dignity in hand, Dworkin makes his way through a philosophical obstacle course with the quiet authority of a lifetime\u27s reflection. He states objections fairly and answers them respectfully. While, as I shall try to show, there are more objections than he has taken up, and while many of his conclusions are open to disagreement, he gives his readers an interesting journey in good company

Workmen\u27s Compensation for Maritime Employees: Obscurity in the Twilight Zone

As late as 1893, state courts were not required to apply federal maritime law to common-law proceedings involving maritime subjects; each jurisdiction developed, somewhat incidentally, its own system of substantive law. The elimination of the general maritime law as an inhibition on state regulation of the employment relationship would have resulted in the complete debilitation of the Longshoremen\u27s Act, since state law could validly be applied in the whole field. The judiciary\u27s interest shifted towards according the injured worker and his family adequate means of availing themselves of the compensatory relief that is provided by federal and state governments. The Supreme Court\u27s attempts to reconcile that purpose with its earlier concern for a general maritime law, and the consequences these attempts have had in the area of workmen\u27s compensation, are the subject of this article

Pluralist Christendom and the Christian Civil Magistrate

The intersection of church and state today differs greatly from the symbiotic relationship of the past. This paper traces and critiques the advent and development of the Christian-government relationship down through the centuries to its current form. It finds that, and discusses how, current Christendom is split between a High Church attitude, which depicts the Church as above the state and outside of the state\u27s limitations, and an Erastian approach, which views the Church as in dialogue with the state and as subject to the same limitations as other social institutions. Finally, the paper discusses the key differences between a pluralist Christendom understanding of our traditional freedoms and the secularist view of the same freedoms. It suggests the role which a Christian civil magistrate ought to play in light of such key differences. Pluralist Christendom allows for proper restraints to be enacted on the basis that freedom serves a transcendent purpose, whereas, secularists lack this central purpose and, ultimately, are placed on unsteady ground between extreme individualism and extreme collectivism. Accordingly, the Christian civil magistrate has a role to play in firmly grounding ordered non-vacillating principles of liberty into society

De Re and De Dicto

Statements involving knowledge, intent, and the like may often be interpreted either de re (about a thing) or de dicto (about a statement). For instance, A knowingly took B\u27s car can mean either A knowingly took a car that turned out to be B\u27s, the de re interpretation, or A knowingly caused it to be the case that he took B\u27s car, the de dicto interpretation. This paper takes up twelve cases whose outcome depends on which interpretation one gives to a governing principle. It suggests that since the two alternative interpretations are equally supported by the applicable language policy considerations must be brought in to resolve the cases

On Professors and Poor People - A Jurisprudential Memoir

This article describes the origin and sources of the author\u27s jurisprudential doctrine, and his adoption of liberation theology as a way of reconciling Sociological Jurisprudence with the philosophy of history. It argues that the pursuit of justice is eschatologically validated even though its historical fruition is problematical. It goes on to discuss the working out in legal practice of the liberationists\u27 call for a preferential option for the poor

A Supplementary State Civil Rights Act

Under the following statute, civil rights groups, with the approval of the state civil rights commission, may enter into agreements with employers, labor organizations, school authorities, or other public or private agencies, for a direct attack on de facto segregation through a deliberate mixing of races in a desired proportion. Professor Rodes characterizes his draft as a suggestion for controlled concessions to the principle of direct mixing of the races in such a manner as to be philosophically consistent with an ultimate commitment to a society in which racial considerations play no part

Government Lawyers

I am grateful to Professor Lee for the opportunity to comment on this fine set of papers regarding the ethical obligations of government lawyers. These papers shed light on many interesting aspects of serving the government. Professors Shaffer and Lee explore the peculiar challenges to integrity that a lawyer experiences when he has a client who can chop his head off. The challenges are less today, but a lawyer with large student loans to pay may not realize that they are. Professor Hazard points out that government lawyers are government employees with the responsibilities that government employment entails. Professor Green shows that government lawyers may also be public officials with the duty of fairness that all public officials share. These are all important points