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Religion & Law

Mirror of Justice

Dedicated to the development of Catholic legal theory.

Post Frequency: 46.4/day

Last Entry: April 01, 2011 at 15:50:36

Oman on Reynolds, polygamy, and imperialism

Posted on March 06, 2010
Check out Nate Oman's very interesting post (and paper), at Concurring Opinions, on the Court's landmark Reynolds opinion. Here's the paper abstract: In 1879, the U.S. Supreme Court construed the Free Exercise Clause for the first time, holding in Reynolds...

Is Bart Stupak wrong?

Posted on March 05, 2010
I confess that I'm one of those Americans who really wants to understand health care reform, but every time I see a sustained adult discussion of it on a show like Charlie Rose, my eyes begin to glaze over and...

Does providing benefits to same-sex spouses legitimize SSM?

Posted on March 05, 2010
The Washington Post reports on a former executive of Catholic Charities, Tim Sawina, criticizing the decision to change spousal benefits policies in order to avoid legitimizing same-sex marriage. A quote: "Providing health care to a gay or lesbian partner --...

Challenges

Posted on March 05, 2010
Challenges was my first post on the new Law, Religion, and Ethics blog. In that post, I posed some questions for both theists and secularists, concluding with: Can and should theology and theologically informed philosophy provide a foundation for the...

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Bill Stuntz: "You Will Call, I Will Answer"

Posted on March 04, 2010
Bill Stuntz, Harvard law professor, nationally recognized scholar, devout Christian, and friend to many in the Mirror of Justice community, is interviewed on the Patheos web site. As another friend of Mirror of Justice said in passing this link on...

Wolfe & Hirsch on our common culture

Posted on March 04, 2010
Alan Wolfe has an interesting review of E.D. Hirsch's new book, The Making of Americans. Apparently Hirsch, as characterized by Wolfe, takes issue with school choice as a "conservative" movement: School choice by its very nature militates against one of...

Sex offenders, public safety, and human dignity

Posted on March 03, 2010
The horrifying rape and murder of high schooler Chelsea King brings to mind one of the most vexing questions facing our criminal justice system: what should we do with sex offenders? I don't have an easy answer, other than that...

Rational thought and moral choice

Posted on March 03, 2010
If we have more time to think, are we more likely to make the selfless choice? A new study of the sinkings of the Titanic and Lusitania seems to indicate as much. Is this evidence of "the presence of the...

Gay Marriage Comes to the United Kingdom

Posted on March 03, 2010
See this post by Steve Shiffrin, at ReligiousLeftLaw.

Commonweal's Paul Baumann on Archbishop's Chaput's Houston Speech

Posted on March 03, 2010
[Several comments on the speech here, including this by Paul Baumann, editor of Commonweal:] I attended the Fordham conference on Kennedy?s speech, and remember well Shaun Casey?s rebuttal to those, such as Chaput, who insist that the speech was an...

Happy Anniversary, Front Porch Republic

Posted on March 03, 2010
If you are not reading the "Front Porch Republic" blog (here), you should be.

Thanks, Michael

Posted on March 02, 2010
Thanks, Michael, for pointing this out. I would suggest that my route is more direct. RJA sj

What the Archbishop actually said ...

Posted on March 02, 2010
... is provided in the link I provided! Take another look, Robert.

Archbishop Chaput in Houston

Posted on March 02, 2010
Thanks to Michael P. for the postings linking the opinions of Sandro Magister regarding the address given by Archbishop Chaput yesterday in Houston. I, for one, think it is important to read what the archbishop actually said. RJA sj

Chaput in Houston (2010) on Kennedy in Houston (1960)

Posted on March 02, 2010
[Cross-posted at ReligiousLeftLaw.] [HT: MOJ friend Gerry Whyte of Trinity College Dublin.] Pick your favorite language, click, and read. 2 marzo 2010 La dottrina del cattolico Kennedy? Da dimenticare Nel 1960 teorizz� la pi� rigida separazione tra Chiesa e Stato,...

European Court of Human Rights

Posted on March 02, 2010
Press release issued by the Registrar Chamber judgment1 Kozak v. Poland (application no. 13102/02) SUCCESSION TO TENANCY OF A FLAT DENIED TO HOMOSEXUAL AFTER HIS PARTNER?S DEATH IN BREACH OF THE CONVENTION Unanimously Violation of Article 14 (prohibition of discrimination)...

Can a state restrict immigration in order to protect its culture?

Posted on March 02, 2010
Liav Orgad has posted an interesting new paper, Illiberal Liberalism: Cultural Restrictions on Migration and Access to Citizenship in Europe. Here's the abstract: This article addresses a simple but important and understudied question: Is culture a legitimate criterion for regulating...

Happy Texas Independence Day!

Posted on March 02, 2010

Cafateria Catholics

Posted on March 01, 2010
Patrick O?Donnell has a wonderful post, the first in a series, on Spirituality, Religion, and Philosophy over at religiousleftlaw.com. In the midst of the post, he observes that, ?New Age devotees are also inclined to invoke a consumer preference model...

New blog of interest

Posted on March 01, 2010
MoJ readers may be interested in a new blog that has just launched, titled Law, Religion, Ethics: A multi-faith dialogue. There is a wonderful assortment of scholars from a variety of faith traditions (including no faith tradition) who have signed...

A follow-up on my post concerning the needle-exchange program of the Albany diocese

Posted on March 01, 2010
Readers may recall that on February 13, I posted my thoughts on the Albany diocese?s plan to proceed with a needle exchange program. On February 19, I invited one of the interlocutors who commented on my post to provide me...

John Allen and Globalization

Posted on March 01, 2010
This is the seventh installment of our examination of John Allen?s book, The Future Church.This time, we consider with Allen the Church in relation to globalization. Allen begins his discussion illustrating the Janus-faced leviathan of globalization with descriptions of two...

Obscenity, Pornography, and Vagueness

Posted on February 27, 2010
Many of my students think it obvious that obscenity and pornography statutes are too vague. When I ask my students whether they think it should be unconstitutional to prohibit the distribution of obscene materials to children, they overwhelmingly respond that...

More on conscience at BYU

Posted on February 27, 2010
A few other highlights from today's conscience conference at BYU (earlier posts here and here): Wash U law/med prof Rebecca Dresser explained an "institutional" approach to conscience, asking institutions to take steps to minimize cases in which individual objections jeopardize...

The Battle of Hastings

Posted on February 27, 2010
Here is Joe Carter, at First Things, writing about the upcoming Martinez case (in which Tom Berg and I filed an amicus brief), "The Battle of Hastings" for religious-liberty. He quotes a passage from the lead brief in the case:...

Appleby on "'Religious Freedom' and its Critics"

Posted on February 27, 2010
Here is Prof. Scott Appleby, writing at "The Immanent Frame," about a "Task Force Report" issued by The Chicago Council on Global Affairs, entitled ?Engaging Religious Communities Abroad: A New Imperative for U.S. Foreign Policy.? Explaining the "scare quotes" around...

"Corporate personhood"

Posted on February 27, 2010
Mark Mitchell, at the (wonderful) blog "Front Porch Republic" -- taking a cue from our friends at Commonweal, apparently -- links here to Stephen Colbert's riff on "corporate personhood" (and hilarity ensues). Mitchell writes: Corporations today are considered legal persons...

Tollefsen on double-effect and "enhanced interrogation"

Posted on February 26, 2010
Christopher Tollefsen discusses here the recent effort by Marc Thiessen to evaluate, in Catholic terms, the "enhanced interrogation" of those suspected of having knowledge of planned terrorist attacks. Here is the concluding paragraph: [T]he upshot of my discussion is this:...

"Social Issues: A Catholic Perspective"

Posted on February 26, 2010
[John Allen writes in his Friday column:] Fans of the budding corpus of Catholic social teaching sometimes refer to it as the church?s ?best-kept secret,? an indirect way of lamenting that recent Catholic teaching on the economy, war and peace,...

Especially interesting from a pro-life perspective, don't you think?

Posted on February 26, 2010
NYT online, 2/26/10, blog titled Prescriptions: Making Sense of Health Care Debate Deaths Rising for Lack of Insurance, Study Finds By MICHELLE ANDREWS As members of the Obama administration and Congress met on Thursday to try to find common ground...

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