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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

"Religion and Respect"

Posted on February 11, 2009
Here is a very thorough account of a recent paper, given at the University of Chicago by Simon Blackburn, called "Religion and Respect." A bit: This paper explores the nature of respect and its boundaries, particularly when one is confronted...

"The Catholic Church and Intellectual Freedom"

Posted on February 11, 2009
This is the title of Sandy Levinson's post, over at Balkinization, reacting to (the New York Times' typically not-exactly-right presentation of) Pope Benedict XVI's recent dealings with several formerly-schismatic Catholic bishops, including one who is clearly a loathesome Holocaust denier...

A paper of interest

Posted on February 11, 2009
This, "Attempt by Omission," by Michael Cahill, looks interesting: In addition to requiring subjective culpability, criminal offenses typically involve two objective features: action and harm. In the paradigmatic case, both features are present, but criminal law also allows for liability...

"America's New Fundamentalists"

Posted on February 11, 2009
Chris Hedges, the author of the anti-"Christian right" tract, "American Fascists" has a new book out, taking on the new hipster atheists: "When Atheism Becomes Religion: America's New Fundamentalists". Interesting.

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Eduardo on private violence tolerated by the state

Posted on February 09, 2009
Readers will recall that Eduardo originally asserted quite flatly "as I read the history, the destruction of churches and slaying of priests in Republican Spain did not begin until after the beginning of the nationalist uprising, not 'immediately prior' ...

9th circuit orders on benefits for same-sex spouses

Posted on February 09, 2009
Courtesy of How Appealing, here and here are the two orders that Tom mentioned the other day. I am not sure of the precedential weight of these orders, although the orders seem limited to the operation of the benefit plans...

Catholic moderates and analogies: abortion and contraception?

Posted on February 09, 2009
Returning to the topic of analogies for legalized abortion, Matt Bowman writes: Catholic "moderates" on abortion reject the analogy between abortion and slavery or the Holocaust(or other massive 20th century genocides), but they often fail to fully explain why...

WALL STREET

Posted on February 09, 2009
Sightings 2/9/09 Wall Street -- Martin E. Marty This week's collage of Wall Street Journal headlines, none of them explicitly but all of them implicitly evoking "public religion" themes, is broken up by passages from the King James Version of...

A Tale of Two Enlightenments: Modern Image Versus Catholic Truth

Posted on February 08, 2009
The Roman Forum 2009 Symposium entitled "A Tale of Two Enlightenments: Modern Image Versus Catholic Truth," will take place in Garone Riviera, Italy from July 2-13. The application deadline is April 15. For more information, click here. Here is a...

Spanish Civil War, a Response to Richard S.

Posted on February 07, 2009
Richard's cherry picked quotes are unconvincing and, to be honest, somewhat misleading. I will admit to oversimplifying the history a bit in the interest of brevity, but I could easily have cited Hugh Thomas in support of my thesis. Certainly...

Villanova - University of St. Thomas Summer Law Program in Rome 2009

Posted on February 07, 2009
Villanova Law and University of St. Thomas School of Law are pleased to announce the third season of their summer law study program in Rome. Located at John Cabot University in the heart of Rome, the summer program offers comparative...

Back to the Spanish Civil War analogy

Posted on February 06, 2009
Readers of this blog will recall the analogy made by Notre Dame law student Paul Krog between pre-civil war Spain and the contemporary U.S.: In both cases you have groups of private individuals intent on wreaking violence on a particular...

The Election: African American Catholics and Obama

Posted on February 06, 2009
One of Rick's colleagues at Notre Dame Law School is Vincent D. Rougeau, author of Christians in the American Empire: Faith and Citizenship in the New World Order (Oxford Univ. Press 2008). Vince has a piece in the new issue...

Can the killer of an abortion doctor invoke the necessity defense?

Posted on February 06, 2009
Incoming St. John's law prof Marc DeGirolami responds to Richard Stith's suggestion that the necessity defense might be available to the killer of an abortion doctor: In the first place, I know of no actual court case in which the...

Internal 9th Circuit Rulings on Same-Sex Spouses

Posted on February 06, 2009
I haven't found the opinions yet, but two judges of the Ninth Circuit, Reinhardt and Kozinski, in separate rulings have included same-sex marriages within persons entitled to federal spousal benefits under the employee-benefits program for public defenders that (as I...

Garnett praises Obama

Posted on February 06, 2009
Yes, you read that correctly. (And yes, I admit, I would like to be the Ambassador to the Holy See.) This press release issued today from Notre Dame: According to Prof. Richard Garnett, President Obama's decision to continue allowing faith-based...

Happy Anniversary to us!

Posted on February 06, 2009
This week marks the fifth anniversary of Mirror of Justice. (Here is the first post.) Thanks to all readers and bloggers. On we go!

Rougeau's essay

Posted on February 06, 2009
Thanks to Michael for posting my colleague (and MOJ alum) Vince Rougeau's recent essay in America magazine. I am, for what it's worth, as confident -- after careful reflection in light of the full range of Catholic teachings -- that...

Catholic Sexual Ethics: A Better View

Posted on February 06, 2009
In the February 6 edition of NCR, there is a book review by Julie Hanlon Rubio, an associate professor of Christian ethics at St. Louis University (a Catholic institution). Professor Rubio is described at the end of the review as...

Killing Abortion Doctors

Posted on February 05, 2009
In a sparkling post that ignited a flurry, Rob argued among other things that killing 12 year olds is different from killing fetuses, and that if the former took place we would not stand idly by. As I recall, only...

Killing abortion doctors is morally wrong, but may be legally right.

Posted on February 05, 2009
Killing an abortion doctor is morally wrong at least for the same reason that futile resistance to unjust aggression is morally wrong: Without the hope of success, resistance merely increases the harm. Recourse to arms in the case of abortion...

Teens, abstinence, etc.

Posted on February 04, 2009
So, according to this, teenagers are not having sex as much as they used to (or, as much as we were told that they were). Ann Althouse and others think about why. Also relevant, is this essay, by Ryan Anderson,...

Another new blog

Posted on February 04, 2009
"Law's Eschatology", by former Notre Dame law student, Andrew Hiller. Check it out. Some cool clips of St. Thomas More in film, and more to come.

Why Analogies?

Posted on February 04, 2009
Rob's question is exactly right. As a descriptive matter, the tendency to reach for analogies, I suspect, frequently derives from the fact that abortion analogies are used as cheap rhetorical cudgels with which to beat one's opponents into submission...

"Hallowed Secularism"

Posted on February 04, 2009
Prof. Bruce Ledewitz's blog, "Hallowed Secularism", might be of interest to MOJ readers. Lots of interesting stuff. This post, from back in 2007, gives you a sense of the enterprise: This blog will track the progress of a new way...

Yes, the election is over, ...

Posted on February 04, 2009
... but the issues remain. Many MOJ readers will be interested in this piece, published yesterday in NCR online: Bishops who called Obama vote a sin challenged (here).(Is that title an intentional double entendre?!)

Michael Dubruiel, R.I.P.

Posted on February 04, 2009
Most MOJ readers know that Amy Welborn is a pioneering and thoughtful Catholic blogger and author. Her husband, Michael (also a writer) has died, quite suddenly and unexpectedly. God bless him, and her.

Michael Paulsen on the Freedom of Choice Act and Moral Accountability

Posted on February 04, 2009
My colleague here at the University of St. Thomas, Mike Paulsen, has posted an analysis on the Moral Accountability website of the likely and substantial legal consequences should the Freedom of Choice Act be enacted. He concludes that FOCA would...

"Positive Secularism and the American Model of Religious Freedom"

Posted on February 03, 2009
The folks at Public Discourse were kind enough to publish an edited version of the remarks I gave at a recent conference, in Rome, on the "American Model of Religious Freedom." Here is the set-up: Pope Benedict XVI has, in...

George on the Octuplets

Posted on February 03, 2009
The story of the single mom of octuplets (plus six other kids) becomes more disturbing every day. One challenge for MoJ types, I think, is to inject a pro-life voice into the conversation that avoids the two extremes of either...

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