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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

Is the Inauguration prayer an exercise in pluralism?

Posted on December 23, 2008
Michael envisions the Christian prayer and oath-taking at the Inauguration as an exercise in American pluralism, and I find that vision to be very attractive. But I'm not sure if we're far enough along in our national sense of religious...

Responsibilities of Religious Majorities

Posted on December 23, 2008
There are varieties of thin pluralism in Michael Scaperlanda?s sense. I believe, for example, that citizens properly act on their religious views in arriving at political opinions and actions, and that children should be taught about religion including the ways...

When does a conscience claim look like a "conscience" claim?

Posted on December 23, 2008
Rick wonders why some journalists feel the need to put scare quotes around "conscience" when it comes to claims by pro-life health care providers: My own impression is that many in the press -- specifically, those who insist on putting...

More on conscience

Posted on December 23, 2008
My post, a few days ago, about the Administration's new regulations regarding the conscience-rights of health-care workers sparked a lively debate over at Prawfsblawg. For more on the subject, check out this short essay, "Aborting Conscience", by Robby George, over...

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Prayer at the Inauguration

Posted on December 23, 2008
Steve Shiffrin writes that "non-Christians will be alienated ? as they should be" by prayers at the inauguration offered in the name of Jesus Christ. I agree wholeheartedly with Steve S. that some will, like Steve, read the offereing of...

A Consistent Ethic of Life

Posted on December 22, 2008
'Seamless garment' marks 25th anniversaryFr. Richard McBrienNational Catholic ReporterDecember 22, 2008 It has been 25 years since Cardinal Joseph Bernardin, then archbishop of Chicago and the incoming chairman of the U.S. bishops? pro-life activities committee, delivered the Gannon Lecture at...

A Sign of Respect and Civility: President-Elect Obama?s Selection of Pastor Rick Warren to Deliver the Invocation at the Inauguration

Posted on December 21, 2008
President-Elect Obama?s choice of Saddleback Church Pastor Rick Warren to deliver the invocation at Obama?s upcoming inauguration has engendered considerable controversy among many of his supporters, especially in the gay community. For those of us who encourage the integration of...

Lumen Christi / Law Professors' Christian Fellowship update

Posted on December 20, 2008
A slight change to the schedule of this (always great) conference: Law Professors? Christian Fellowship-Lumen Christi Institute Conference on Christian Legal Thought JANUARY 1O, 2009, 9:00 AM to 5:00 PMHilton Gaslamp Quarter, 401 K Street, San Diego, CA 8:30 REGISTRATION...

Who's scare(quotes)d of conscience

Posted on December 20, 2008
Dahlia Lithwick is not pleased with the Bush Administration's new rules protecting the conscience-rights -- or, as our leading news outlets insist on putting it, conscience-rights -- of health-care workers. In her view, this solicitude is inconsistent with a South...

Review of Sr. Margaret Farley's Just Love

Posted on December 18, 2008
We have discussed Sr. Margaret Farley?s book, Just Love: A Framework for Christian Sexual Ethics, before here, here, and here. And, Amy Uelmen, Michael Perry, and I will be hosting an MOJ online symposium/discussion of the book at the end...

A puzzling new lawsuit . . .

Posted on December 17, 2008
Why is the Thomas More Law Center challenging the government's bailout of AIG? It seems that AIG offers Shariah-compliant business products. Aside from the sweeping implications of the suggestion that government support of AIG thereby violates the Establishment Clause, why...

Frozen embryos and adoption

Posted on December 17, 2008
William Saletan, who is pro-choice, lends some indirect support to the Church's opposition to IVF, discussing a new survey finding that only 7 percent of IVF parents were very likely to give their leftover frozen embryos to other parents, and...

A Subsidiarity Angle on the Banking Crisis

Posted on December 16, 2008
One aspect of the financial crisis not receiving much attention is the relative soundness of the smaller community banks that constitute a large part of our nation's banking system. Of course, a worsening recession could drag them down, too, and...

The Power and the Glory

Posted on December 15, 2008
New York TimesDecember 15, 2008A Church in Guant�namoBy Roger CohenGUANT�NAMO, CubaI confess that I came here for the dateline. It beats Dusseldorf or Lille. Like Sarajevo or Falluja, it is one of those datelines that incline a reader onward. I...

Cardinal Dulles obituary

Posted on December 15, 2008
Here is a wonderful obituary for Cardinal Dulles, from The Times of London: [H]is greatest influence came as an interpreter of the Second Vatican Council. Explaining the liberalism of Vatican II to an older generation that had experienced only the...

Tom Berg, Too, Responds to Nelson Tebbe

Posted on December 14, 2008
Religious Choice and Exclusions of Religion Thomas Berg University of St. Thomas, St. Paul/Minneapolis, MN - School of LawPENNumbra, 2008 U of St. Thomas Legal Studies Research Paper No. 08-32 Abstract: Among the most important recent questions under the Religion...

Human Dignity Revisited

Posted on December 13, 2008
First of all, I thank Richard M. for his posting yesterday on the release of the Instruction Dignitas Personae issued by the Holy See. I also thank Michael P. and Rick for their contributions on this matter. In a small...

Different views on William Neaves

Posted on December 13, 2008
It might be helpful, when evaluating the claims pressed by William Neaves in the piece to which Michael P. linked (here), to also read this, by Robby George and Patrick Lee, and this, by Wesley Smith. Neaves is a longtime...

Rick Garnett: The Name Sounds Familiar

Posted on December 12, 2008
'Excluding Religion': A Response Richard W. Garnett Notre Dame Law SchoolUniversity of Pennsylvania Law Review PENNUMBRA, Forthcoming Notre Dame Legal Studies Paper No. 08-35 Abstract: In a thorough and thoughtful article, Excluding Religion, Prof. Nelson Tebbe asks "whether the government...

Dignitas Personae: A Christian Scientist Comments
Scientist reacts to Vatican bioethics paper

Posted on December 12, 2008
Scientist reacts to Vatican bioethics paper National Catholic ReporterDecember 12, 2008Scientist reacts to Vatican bioethics paperBy William B. Neaves Scientific research and medical applications arising from such research should be guided by a moral framework that both values human life...

NYT: Cardinal Dulles RIP

Posted on December 12, 2008
Here is a nice write-up in the New York Times on Cardinal Dulles and his passing.

Avery Dulles, R.I.P.

Posted on December 12, 2008
Rocco has the story, here. Cardinal Dulles was, of course, an intellectual giant and, so far as I was able to tell, a deeply holy and faith-filled man. Given the nature of our enterprise here at MOJ, readers might want...

Dignitas Personae

Posted on December 12, 2008
The Congregation for the Doctrine of the Faith has just issued Dignitas Personae, an important new document on biotechnology. This document is a successor to Donum Vitae, which was issued in 1987. I haven't had a chance to read the...

Mike Huckabee and Jon Stewart on gay marriage

Posted on December 11, 2008
Here. The interchange, which took place this week, begins at about 13:50.

"Faith, Finances, and the Future"

Posted on December 11, 2008
Those who are interested, as we all should be, in the state and future of Catholic education in the United States, might want to check out this new report, "Faith, Finances, and the Future: The Notre Dame Study of U.S....

Brewbaker on Law and Human Making

Posted on December 11, 2008
Alabama law prof and friend of MoJ Bill Brewbaker has posted a new paper, Law, Higher Law, and Human Making. Here's the abstract: This paper is a preliminary investigation of what Christian theology might teach us about the nature of...

Newsweek on the Bible on marriage

Posted on December 11, 2008
Newsweek's cover story on the Christian case for same-sex marriage has drawn a heap of criticism. Fanning the flames is editor Jon Meacham's introductory note stating that "No matter what one thinks about gay rights ? for, against or somewhere...

What Does the Evangelical Leader's Resignation Mean?

Posted on December 11, 2008
From Christianity Today: Richard Cizik resigned Wednesday night as vice president for governmental affairs of the National Association of Evangelicals (NAE) during a week of growing uproar over his comments that he is shifting his views on same-sex unions...

An Important Anniversary

Posted on December 10, 2008
On this 40th anniversary of Thomas Merton's death, we offer a reflection by Frederick Smock, Chair of the English Department at Bellarmine University. The monk/poet's journey toward silence By Frederick Smock Special to The Courier-Journal On the occasion of the...

Following Christ in the Church: A Response to a Law Student

Posted on December 10, 2008
My daughter Anamaria writes: "Professor Perry posted a letter by a law student addressing the issue of same-sex marriages within the Catholic Church. The student says, "For all of the good done by the Church, and for the strength and...

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