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Religion & Law

Mirror of Justice Mirror of Justice

Dedicated to the development of Catholic legal theory.

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

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A Literary Key to the New Encyclical

Posted on July 03, 2009
John Allen's latest, A Key to Reading Benedict's Social Encyclical looks like a super-helpful guide and warmup for the release of Caritas in Veritate, due out this Tuesday.


The Feast of St. Thomas, the Apostle

Posted on July 03, 2009
Today is the feast of St. Thomas, the Apostle. I was taken by a passage from St. Paul?s letter to the Ephesians, the first reading. Saint Paul exhorts: ?You are no longer strangers and sojourners, but you are fellow citizens...


"Let's end disposable marriage"

Posted on July 02, 2009
Leah Ward Sears, former Chief Justice of the Georgia Supreme Court, writes from a gut wrenching personal persptective: The coupling and uncoupling we've become accustomed to undermines our democracy, destroys our families and devastates the lives of our children, who...


Kmiec Chosen As Ambassador to Malta

Posted on July 02, 2009
Story here.


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I doubt there is a non-patriarchal (non-sexist?) explanation for ...

Posted on July 02, 2009
... the state of affairs described in the article referenced below. (But then, God knows, the membership of the men's club known as magisterium of the Roman Catholic Church is nothing if not ... patriarchal.) For a while this afternoon,...


Beauty, and ugliness too, seem to be in the eye of the beholder ...

Posted on July 02, 2009
This is the way my buddy Rick Garnett sees it (here): "The Obama Administration calls for increased abortion access at UN Story here." By contrast, this is a different way of seeing it: The Obama Administration opposes the criminalization of...


We are such a broken, fallible church ...

Posted on July 02, 2009
"We are, after all, the church of the Medicis and the Borgias, the Papal States and the Avignon Papacy, the Documents of Discovery and anti-Modernism, the condemnation of "mixed" marriages and the rejection of the U.S. policy of separation of...


I second Michael S's recommendation

Posted on July 02, 2009
I was going to recommend that MOJ-readers read an op-ed, and then noticed that Michael S had already done so (here). So let me just second Michael's recommendation. The author of the op-ed, Leah Ward Sears, "stepped down this week...



Place, flourishing, mobility, meritocracy, etc.

Posted on July 02, 2009
It's too big to summarize well here, but I think MOJ readers would enjoy the fascinating conversation that is rollicking along at First Things' "Postmodern Conservative" blog (here) and "Front Porch Republic" (here). Take a look also at Jody Bottum's...


Welcome to Greg Alexander

Posted on July 02, 2009
I am pleased to announce that Prof. Greg Alexander, an accomplished Property scholar at Cornell -- and the colleague of our own Steve Shiffrin and Eduardo Penalver -- has agreed to join our merry MOJ band of Catholic Legal Theory...


"Honduras Defends its Democracy"

Posted on July 01, 2009
From a WSJ op-ed yesterday: Hugo Chávez's coalition-building efforts suffered a setback yesterday when the Honduran military sent its president packing for abusing the nation's constitution. It seems that President Mel Zelaya miscalculated when he tried to emulate the success...


Forgiveness

Posted on July 01, 2009
I have just posted a new paper in which I try to develop a Thomistic account of interpersonal forgiveness. Aruging that forgiveness is the form love takes on the part of a person who has been offended, I resist the...


Congratulations and Best Wishes to Dean Patricia O'Hara

Posted on June 30, 2009
Today is the last day of Dean Patricia O'Hara's deanship at the Notre Dame Law School. I joined the faculty of the Law School in the summer of 1999, at the same time that she became our dean. Ten years...


Can property crimes be "extraordinarily evil?"

Posted on June 30, 2009
Hofstra law prof (and MoJ-friend) Ron Colombo and his friends at The Conglomerate are having an interesting debate about whether Bernie Madoff's actions are properly labeled "extraordinarily evil."


President (Obama) Will Soon Meet Pope (Benedict XVI)

Posted on June 30, 2009
Doug Kmiec's reflections on the upcoming meeting are here.


"Discrimination Under God"

Posted on June 30, 2009
Wendy Kaminer has an essay, at The Atlantic, about the various lawsuits involving challenges to the application of schools' and universities' non-discrimination rules to religious associations and clubs that restrict leadership or voting privileges to co-religionists...


What the Nixon tapes tell us

Posted on June 30, 2009
According to Christopher Hitchens (here), the recently-much-remarked recording of Pres. Nixon discussing Roe and abortion are instructive with respect to the Republican Party. Perhaps. It seems to me (and maybe this is Hitchens's point) Nixon's (loathesome) statement, "There are times...


A life ?not worth living??

Posted on June 30, 2009
I would like to follow up on Rick?s comment to Rob?s post regarding the recent Cahn-Carbone posting on Prawfsblawg. I have read this posting, and it appears that the Cahn-Carbone argument rests in large part on the attempt to justify...


Abortion as the "pro-life" option, cont'd

Posted on June 30, 2009
Following up on Rob's post, it seems to me that Naomi Cahn's proposed "redefin[ition]", at Prawfsblawg, of the abortion debate is one that involves excising from that debate precisely the matter in controversy, i.e., whether or not a human being...


Deference, Authority, and Human Frailty

Posted on June 29, 2009
Rob's post raises important questions and points to a tension that has been present since the beginning of the Church. The Gospel reading for today, on this Solemnity of Saints Peter and Paul, brings part of the picture into bold...


Marriage equality: what should we expect from government?

Posted on June 29, 2009
In the past, I've expressed skepticism about reasons offered for excluding same-sex couples from the institution of marriage. I've also expressed concern that same-sex marriage brings a potentially expansive role for the state given the lack of social, cultural, biological,...


Abortion as the "pro-life" option

Posted on June 29, 2009
Over at PrawfsBlawg, Naomi Cahn and June Carbone assert that women who have abortions do so not because of concern that the pregnancy will interfere with their own life paths, but because they care deeply about the unborn child's future,...


What deference does a Catholic owe to the Church's social teaching?

Posted on June 28, 2009
Along with Lisa, I'm teaching in the St. Thomas-Villanova summer program in Rome. This is only my third visit to Rome, so I still have a lot to explore, but one recurring theme is the extent to which the city...


Judge Wilkinson in the CTA4 partial-birth-abortion case

Posted on June 26, 2009
On Wednesday, the U.S. Court of Appeals for the Fourth Circuit (barely) upheld that state's partial-birth-abortion ban. (Or, as the Washington Post puts it, the "'partial birth' ban".) The widely respected and not-at-all-prone-to-partisan-hackery Judge J...


A Coherent Politician

Posted on June 25, 2009
When I saw this headline in ZENIT: "Pope Benedict Honors a Coherent Politician", my first thought was, boy, have the shenanigans of Governors Spitzer and Sanford, and Senators Edwards and Ensign, lowered the bar for the honoring of politicians! But...


Zamir and Medina on Public and Private Morality

Posted on June 24, 2009
Two Hebrew University law profs have posted a new paper, "Public and Private Morality," that may be of interest to MoJ readers. Here's the abstract: This is a chapter of a book titled Law, Economics, and Morality, which proposes to...


Peter Lawler's reflections on the killing-off (for now?) of the President's Council on Bioethics

Posted on June 24, 2009
Here. He concludes: The rule of experts might be fine if they were philosopher-kings who had united in themselves not only technological power but perfect wisdom. But of course, it's much more clear that the human power over nature and...


Is the abortion debate over?

Posted on June 24, 2009
Micah Watson has some thoughts, here, at Public Discourse: The lines of disagreement in the philosophical debate over abortion have never been clearer. While the politics of abortion remain as tumultuous and contested as they have ever been, the underlying...


Live in Indiana? Read this!

Posted on June 24, 2009
The Indiana General Assembly is currently considering an important school choice program as part of its 2010 budget bill. The Indiana School Scholarship Tax Credit plan would create a state tax credit for donations by corporations and individuals to scholarship...


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