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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

God, Philosophy, Universities

Posted on June 24, 2009
I am reading Alasdair MacIntyre's new book, "God, Philosophy, Universities: A Selective History of the Catholic Philosophical Tradition." Check it out. It's conversational and accessible, but also provocative and profound.

Property and Virtue

Posted on June 24, 2009
The latest issue of the Cornell Law Review has some very interesting-looking papers on Property, obligation, and virtue by, inter alia, my friend and natural-rights expert Eric Claeys, and our own Eduardo Penalver. Check it out.

In this article, "Why Care About

Posted on June 22, 2009
In this article, "Why Care About Caregivers: Using Communitarian Theory to Justify Protection of "Real Workers," Nicole Porter presents a communitarian theory of greater support for caregivers. From the abstract below, it certainly sounds very compatible with the Catholic theory...

Is an attorney's moral deference a problem?

Posted on June 22, 2009
In light of our conversation about the Catholic legal thought project being too disconnected from the practice of law, I thought readers might be interested in this exchange about how lawyers should view their professional roles. The Northwestern Law Review...

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Saints John Fisher and Thomas More

Posted on June 22, 2009
It strikes me that today -- the Feast of Saints John Fisher and Thomas More -- the Church invites us to reflect on two Catholics whose llives and witnesses could not be more relevant to this blog's project. As I...

Procreation and Homosexuality: A question

Posted on June 22, 2009
Michael P. posted an abstract to an article subtitled Same-Sex Couples and the Rhetoric of Accidental Procreation. In the article, the authors argue that same-sex couples "only procreate after considerable effort and forethought." I have a serious question that will...

Procreation and the Battle Over "Marriage"

Posted on June 22, 2009
Rob Vischer called our attention to David Novak's piece on same-sex marriage (here). As I read Novak's piece, I was reminded of a different piece I read recently, in the current issue of the Yale Journal of Law & the...

Why should we respond to SSM by having the state get out of marriage?

Posted on June 21, 2009
Over at Public Discourse, David Novak has a typically thoughtful take on same-sex marriage, and while I find the various elements of his analysis reasonable, I have a hard time connecting all the dots. He argues that a child has...

An SAT analogy? The election of JPII to the papacy is to the Soviet Union as the election of BHO to the U.S. presidency is to the Iranian theocracy

Posted on June 21, 2009
Well, just a thought, prompted by this piece.

Thoughts and Action?Catholic Legal Theory

Posted on June 20, 2009
I am grateful to the previous interveners who have presented some important points regarding the role of Catholic legal theory in the daily work and lives of Catholic lawyers. I intend my small contribution today to complement what has already...

DeGirolami on Catholic legal thought and "theory"

Posted on June 19, 2009
Marc DeGirolami responds to my earlier post relating a Catholic attorney's concern that the Catholic legal thought project is too focused on theory: The fact (at least for me it is a fact) is that "theory" is not a special...

Thoughts about the Catholic Legal Theory Project on the Feast of the Sacred Heart

Posted on June 19, 2009
When I went to mass this morning, and heard the readings to celebrate the Feast of the Sacred Heart, I was taken by the beauty of the selection from the letter to Ephesians 3:8-12.14-19. Here?s a snippet: ??that Christ may...

What do lawyers need from Catholic legal thought?

Posted on June 19, 2009
Marc DeGirolami adds these further comments to our discussion of CLT's focus on theory: Part of the trouble with these sorts of discussions is that it is difficult to know exactly what lawyers "need" from Catholic legal thought. Sometimes what...

Relevant Work in Property Law and Theory

Posted on June 19, 2009
Cornell Law Review Volume 94 Issue 4 May 2009 SPECIAL ISSUE Property and Obligation A Statement of Progressive Property Gregory S. Alexander, Eduardo M. Pe�alver, Joseph William Singer & Laura S. Underkuffler Articles The Social-Obligation Norm in American Property Law...

St. Gregory's University and Catholic Higher Education

Posted on June 19, 2009
Recently, I was appointed to St. Gregory's University's Board of Directors. Yesterday, I attended my first board function - an all day retreat, And, I came away inspired and very hopeful about the future of Catholic higher education, at least...

Theory and Practice

Posted on June 19, 2009
Two quick responses to the practicing lawyer's concernsthat our conversations may be too theoretical and too disconnected from the issues that matter to Catholic lawyers. As Marc DeGirolami's comments suggest (to me anyway) the issue isn't theory vs. practice so...

A clarification on CLT and "theory"

Posted on June 19, 2009
The Catholic attorney who has raised questions about the direction of the Catholic legal thought project offers this clarification in response to Marc DeGirolami's post: At one level I agree with Marc that the issue isn't whether CST is too...

Is the Catholic Legal Thought project too focused on theory?

Posted on June 18, 2009
My recap of the Conference on Catholic Legal Thought prompted a reader (and practicing lawyer) to express his concern that our conversations may be too theoretical and too disconnected from the issues that matter to Catholic lawyers. Here's an excerpt...

Women Religious Tackle Human Trafficking

Posted on June 18, 2009
I've just arrived in Rome, where I'll be spending the summer teaching at the joint University of St. Thomas/Villanova law school summer law program, after a wonderful but exhausting five days treking through Germany, showing my kids where I grew...

Others on Noonan on Paslgraf

Posted on June 18, 2009
It's true that Judge Noonan did us all a great jurisprudential favor by telling the story of Helen Palsgraf. I'm not sure it's quite true, though, that Judge Noonan regarded Judge Cardozo as "mechanically following [the] rule," as has been...

Notre Dame's Cathy Kaveny on John Noonan, judges, and "empathy"

Posted on June 18, 2009
Here, in the new issue of Commonweal. An excerpt: Obama?s critics worry that ?empathy? is not merely undesirable, but inconsistent with the fundamental obligations of a judge. Republican Senator Orrin Hatch fears it is a code word for judicial ?activism,?...

"there must be a lot of Catholic law schools where"

Posted on June 18, 2009
So says (Georgetown Law's) David Luban here in explaining his voting in Leiter's recent survey concerning "which philosophers have had the most impact on legal scholarship." Must there? "I found myself placing Aristotle and Aquinas high on the list because...

The illusion of consensual marriage

Posted on June 17, 2009
Over at First Things, Andrew Peach has written a beautiful reflection on fatherhood in the context of lamenting its demise. You should read the whole thing, but here's a snippet: Faith in fatherhood, when such faith has existed, has always...

Some News About Michael Perry

Posted on June 16, 2009
From America, June 22, 2009: News Briefs Franciscan Father Michael Perry of the United States was elected June 5 as vicar general of the Order of Friars Minor.

Catholicity of Sotomayor Comment

Posted on June 15, 2009
So far, the most controversial revelation regarding the nomination of Judge Sonia Sotomayor is her comment in a 2001 speech at Berkeley which included the following statement: "I would hope that a wise Latina woman with the richness of her...

Redding on "the mausoleum of majoritarian marriage"

Posted on June 15, 2009
St. Louis law prof Jeffrey Redding has posted an essay titled Proposition 8 and the Future of American Same-Sex Marriage Activism. The essay underscores my concern that the exclusion of same-sex couples from the institution of marriage would eventually stop...

International Theological Commission on the Natural Law

Posted on June 15, 2009
Contributors and friends of the Mirror of Justice may recall that last December I posted a brief synopsis of the International Theological Commission?s (ITC) anticipated document on ?The Search for Universal Ethics: A New Look at Natural Law.? [HERE ]...

papers

Posted on June 13, 2009
I have recently posted at SSRN a new paper titled The Place of "Higher Law" in the Quotidian Practice of Law: Herein of Pratical Reason, Natural Law, Natural Rights, and Sex Toys. It can be viewed here. Though the paper...

Catholic Legal Thought: Live at the Dubliner!

Posted on June 12, 2009
The Catholic Legal Thought Conference rolled into Washington, D.C. this week, and our nation?s capitol will undoubtedly never be the same. The conference?s growing and rollicking cacophony of personalities, friendships, and booming ideas brings to mind a larger-than-life 1970s rock...

Torture, Morality, and Law

Posted on June 12, 2009
I haven't read this paper yet, but it looks to be of interest to MOJ readers--and I want to post it before I hit the road for a few days. Torture, Necessity and Supreme Emergency: Law and Morality at the...

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