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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

Enviromental Stewardship and Population Control

Posted on February 03, 2009
Rob suggests a 2.5 child limit is proposed by some as a lower parameter of responsible parenting. Jonathon Porritt, the chair of England's Sustainable Development Commission, is arguing that the fight against global warming actually dictates a limit of 2...

Vulnerabilty as Universal

Posted on February 03, 2009
Professor Ani Satz at Emory Law has written what looks like a fascinating and important article on Disability Rights theory, entitled Disability, Vulnerability, and the Limits of Discrimination, coming out in Wash. L. Rev. Although my quick glance throught the...

"God, Women, and Stealing"

Posted on February 03, 2009
by Sister Joan Chittister[NCR, 2/3/09]"Stealing is a sin," we teach to our children and preach to our converts and enshrine on the tablets of Ten Commandments we display in our public institutions. But don't worry, we don't really mean it....

Abortion funding is least popular Obama decision

Posted on February 03, 2009
Survey results here.

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Why do we need an analogy for legalized abortion?

Posted on February 03, 2009
Returning to the question of analogies for legalized abortion, Greg Popcak asks: No analogy is ever perfect. All analogies are ?good enough.? In fact, searching for a perfect analogy is a common rhetorical device used to delay responsibility for making...

George's clarification on selective abortion

Posted on February 03, 2009
Earlier today I posted an excerpt from CNN that included a rather odd characterization of Robby George's views on selective reduction. Prof. George writes to clarify: [The reporter's characterization of my position] is very misleading, though I don't think she...

Abortion analogies and credibility

Posted on February 02, 2009
On the topic of the language we use to describe legalized abortion (see, e.g., here, here, here, here, here, here, and here) a reader writes: In my opinion, there is a Gresham's law of language in which the attempt to...

MoJ and Prawfs worlds colliding . . .

Posted on February 02, 2009
For those interested, I'll be helping Rick wave the MoJ flag by spending the month of February at the always entertaining (at least until I showed up) PrawfsBlawg.

Doe v. California Lutheran High School Assn

Posted on February 02, 2009
Rick's post about Doe v. California Lutheran notes that the case is an important religious freedom decision. It is important to note that the decision protects religious freedom indirectly. The California court of appeals concluded that a Lutheran school was...

School Choice Indiana

Posted on February 02, 2009
I was delighted to find, in my parish bulletin on Sunday, a letter from my pastor on school choice, and a flier from this organization, School Choice Indiana (co-sponsored by the Indiana Catholic bishops). It would be great if programs...

Douthat on abortion and the "culture wars"

Posted on February 02, 2009
There has been quite a bit of discussion, on this and other Catholic blogs, about the use (and misuse) of "culture war" talk, about the accuracy of such talk, about whether it is possible (absent surrender on moral questions of...

Scaperlanda at Emory

Posted on February 02, 2009
This should be very interesting. Get thee to Atlanta! For our own Michael S.'s First Things essay, which constituted his contribution to the debate referenced in the length, go here.

Brooks and Dionne on Christian Realism for Today

Posted on February 02, 2009
David Brooks and E.J. Dionne had a very engaging discussion Thursday night at Georgetown on the enduring relevance of Reinhold Niebuhr's Christian Realism for American public life. About 230 people turned out for the event, which was moderated by Krista...

Abortion and the Spanish Civil War

Posted on February 02, 2009
I have my own thoughts about abortion analogies (the analogy to slavery, for example, strikes me as ironic, given the Church's participation in that institution, and its ambiguous position on abolition during the ante-bellum period). But the suggestion to use...

Unionizing Catholic schools

Posted on February 01, 2009
This story, out of Scranton, raises tricky questions. More than 200 supporters, many from regional union locals, joined a noon rally outside Diocese of Scranton Bishop Joseph Martino?s residence to mark the one-year anniversary of the fight to unionize local...

An important religious-freedom decision . . .

Posted on February 01, 2009
. . . with a somewhat clunky title: A private religious high school can expel students it believes are lesbians because the school isn't covered by California civil rights laws, a state appeals court has ruled. "The whole purpose of...

Turley's anti-Obama screed

Posted on February 01, 2009
Well, this is strange. Jonathan Turley's recent USA Today screed puts me in the position of feeling compelled to defend President Obama from a deeply misguided attack. The "argument" is muddled, but familiar: Rick Warren is a pastor who thinks...

Cardinal Mahoney and honest-services wire fraud (!!)

Posted on February 01, 2009
Putting aside the serious and interesting church-autonomy questions, this use of the wire-fraud statute strikes me (and, I gather from the news, many others) as big-time prosecutorial grandstanding and overreaching.

Abortion and racial equality

Posted on February 01, 2009
The question many have been discussing -- i.e., to what other wrong ought we to compare abortion? -- is an interesting and difficult one. Putting aside, for now, the question whether abortion is "like" slavery, it does seem clear (to...

The Nomenclature of Atrocities and Catholic Legal Theory

Posted on January 31, 2009
Over the last several days a number of MOJ contributors have offered some significant reflections on the use of language regarding atrocities that punctuate human history in this country and around the world. For their contributions and most helpful insights,...

Thinking institutionally

Posted on January 30, 2009
The often disappointing (in part because Bobos in Paradise indicates an ability to do better) David Brooks has a column up that connects with, among other things, interesting work by Paul Horwitz (and also with a number of conversations on...

More on abortion and the Holocaust

Posted on January 30, 2009
[Post moved. rg.] I appreciate Rob's post, and the very engaged, and engaging, comments it has prompted. I avoid comparing our abortion regime to the Holocaust, but not because I have any doubts that our abortion regime involves monstrous injustice.....

Abortion and the Spanish Republic

Posted on January 30, 2009
On the topic of abortion analogies, Notre Dame law student Paul Krog writes: I had a thought in regards to the running discussion at MOJ about the vocabulary and moral theology of the abortion debate. I think Profs. Velasco and...

Abortion and war

Posted on January 30, 2009
Loras College politics prof David Cochran writes: On the question of progressive analogies to abortion, as Catholic pacifist the one I often think about is war. I believe that the killing of human beings in war, both combatants and non-combatants,...

Constitutional rights of the unborn: a new decisional path

Posted on January 30, 2009
To my knowledge, US courts have uniformly upheld state and federal statutes that protect fetuses, and even embryos, against homicide, except where the lethal act is authorized by the child's mother. Jurists in other nations, and lay persons in this...

Gironella's THE CYPRESSES BELIEVE IN GOD

Posted on January 30, 2009
Paul Krog makes an interesting and useful analogy of the USA to Spain on the eve of its Civil War (government-tolerated killing in both cases). But in my view, we are heading toward rather more direct analogies: hatred of religious...

Lisa Schiltz on "Dueling Vocations"

Posted on January 29, 2009
MOJ's own Lisa Schiltz will be the featured speaker for tonight's "Catholic Lawyer's Programs" event here at Fordham. If you are in the New York area, feel free to join us for what we are sure will be a fantastic...

Space to listen: "...in every one of them the Spirit of God breathes"

Posted on January 29, 2009
Thank you, Eduardo for posting John Wittig?s thoughtful response to our ongoing conversation about generational tensions. I think he hit the nail right on the head in identifying the core challenge: to create environments for thoughtful and genuine dialogue in...

Is legalized abortion a Holocaust?

Posted on January 29, 2009
I have never been a fan of Roe v. Wade, as my first fumbling effort at legal scholarship showed (108 Harv. L. Rev. 495). At the same time, I have never felt totally at home in the pro-life movement. One...

Did the Majority of the U.S. Bishops Support the Democratic Ticket?

Posted on January 29, 2009
Some time back I cited a column in the Washington Post which claimed that the Bishops supported the Democratic ticket. Because of the criteria that have been employed to support what I think is a large majority of the Bishops,...

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