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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

Thoughts on the Needle Exchange Program adopted by the Diocese of Albany

Posted on February 13, 2010
I should like to thank Bob Hockett for his bringing to our attention the Washington Post article published earlier today on the Albany Diocese?s needle exchange program. In short, the thrust of the argument appears to be: it is a...

A request to Michael P. for views on the "plausibility" of an argument

Posted on February 13, 2010
in a recent post, Michael asked what a particular argument -- i.e., an argument that the facts recounted in a New York Times story describing the non-monogamous practices of some same-sex copules tell us something about the merits of the...

What kind of citizens?

Posted on February 13, 2010
Thank you, Kevin, for your important posting on the North Carolina bishops? request for assistance concerning the campaign to arrest the insertion into high school civics and economics textbooks that the Roe decision is one illustration of how the Supreme...

Neither Liberal Nor Conservative But True

Posted on February 12, 2010
The recent exchange between Patrick Brennan and Steve Shiffrin brought to my mind the time when Francis E. George, O.M.I., returned to his native Chicago after being named by Pope John Paul II as the city's new archbishop, succeeding the...

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"the not numerous center" does not equal centrism

Posted on February 12, 2010
I have been accused of trading on a "conceit." I didn't mean to trade on any conceit, and I don't believe I did. After all, the full quote I posted indicts people who self-describe as on the "right" for this:...

Democratic Party Delegate

Posted on February 11, 2010
In scanning our family's 1984 photo album, I came across a couple of gems that I thought I'd pass along. Here is my credential as a Democratic Party Delegate to the 1984 Travis County Democratic Party Convention. In either that...

Response to Patrick on Social Contract and Animals

Posted on February 11, 2010
[I would like to have put this in the comments section, but the software will not let me put a comment on my own posts either here or at RLL. Anyone else with this problem?] Patrick, I appreciate your very...

Should Judge Walker's sexual orientation matter?

Posted on February 11, 2010
There has been a bit of controversy over the last couple of days regarding the revelation that Vaughn Walker, the federal judge presiding over the challenge to Proposition 8 (the California ban on SSM), is gay. Even those who believe...

Sexual morality and global Christianity

Posted on February 11, 2010
Philip Jenkins, one of the leading experts on global Christianity, has written a short essay on polygamy among Christians in Africa. An excerpt: For the sake of argument, let us assume that polygamy is widespread among African believers, even within....

Powerful stories . . . of choice?

Posted on February 11, 2010
William Saletan's follow-up on the Tebow ad and accompanying Focus on the Family stories is worth reading. (And if you haven't watched the full video of the Tebow story, you should.)

Is God a Political Centrist?

Posted on February 11, 2010
In a recent post, Patrick Brennan wrote: ?I like to think of MOJ as a community where we are working to be that ?perhaps not numerous center? that will count -- big enough and painstaking enough not to rest in...

An argument about SSM and "open" relationships

Posted on February 10, 2010
Michael asked if someone could lay out the argument underlying Robby's posting of the New York Times article setting forth findings about a perceived tendency of same-sex couples to adopt "open" relationships, including open marriages. I would never purport to...

Thanks very much to Rob Vischer

Posted on February 10, 2010
That's very helpful, Rob. Thanks so much. Michael

"Freedom from" or "freedom for"

Posted on February 10, 2010
Yesterday in my Catholic Jurisprudence class, we discussed Cardinal Dulles' essay "Truth as the Ground of Freedom" (in Catholic Perspectives on American Law). During the discussion, I suggested that the concept of "freedom from" authority is illusory because all freedom...

Nussbaum and Social Contract Theory

Posted on February 10, 2010
I have been discussing Martha Nussbaum?s, Frontiers of Justice in my seminar on Constitutional Law and Political Theory. The book critiques social contract theories in the context of application to persons with disabilities, people from other nations, and to animals...

"[W]hat will count . . . . "

Posted on February 10, 2010
I am reminded of this well known quote from Bernard Longergan SJ, sometime Stillman Professor in Harvard University: "There is bound to be formed a solid right that is determined to live in a world that no longer exists. There...

Corporations and Campaign Finance

Posted on February 10, 2010
I have a short take on the Citizens United case in the current issue of Commonweal. http://commonwealmagazine.org/who-approves-message Among other things I argue that the act should not have been applied to the documentary film in question and it should not...

The D.C. School Voucher System

Posted on February 09, 2010
Fred Hiatt has an op-ed on the Washington Post's web site titled "Why is Obama killing off D.C.'s voucher program?" Here is the first paragraph: The Obama administration said it was going to respect science and respond to evidence --...

Applying Subsidiarity to the Regulation of Consumer Credit

Posted on February 09, 2010
I've just posted a paper I presented at the Journal of Law & Religion's fall symposium on The Global Economic Crisis, Law and the Religious Traditions, entitled: The Paradox of the Global and the Local in the Financial Crisis of...

When is a Catholic doing legal theory doing "Catholic legal theory?"

Posted on February 09, 2010
I've just posted a new paper with that title on SSRN. Here's the abstract: What does it mean for me to be a Catholic doing legal theory, even when I am not self-consciously trying to do ?Catholic legal theory?? One...

The New York Times reveals an "open secret"

Posted on February 09, 2010
"As the trial phase of the constitutional battle to overturn the Proposition 8 ban on same-sex marriage concludes in federal court, gay nuptials are portrayed by opponents as an effort to rewrite the traditional rules of matrimony. Quietly, outside of...

A question about arguments against opening up civil marriage to same-sex couples

Posted on February 09, 2010
Today, over at the new blog that Bob Hockett, Eduardo Penalver, Steve Shiffrin, and I have begun--the blog titled ReligionLeftLaw--I just posted this: "Today, over at Mirror of Justice, where Bob, Steve, and I (and even Eduardo in the old...

The most depressing protest ever takes a strange turn . . .

Posted on February 08, 2010
Folks probably feel a little bit silly getting all worked up about that Tim Tebow ad before they had even seen it, right? Maybe the protesting groups would issue a statement saying something like, "While this ad is unobjectionable, it...

John Allen and the New Demography

Posted on February 08, 2010
See the links for MOJ?s discussion of John Allen?s first, second, and third trends that are revolutionizing the Church. This post focuses on his fourth trend ? the new demography. In my dystopia, the kind and merciful policy makers of...

Boycott Papers that Run Pro-Adultery Ads

Posted on February 08, 2010
Compliments of one of the free dailies, ?Metro,? here in New York City we are being subjected to full back page ads for a pro-adultery website (which I will not mention in order not to further publicize their business; nor...

More on the crucifix ban

Posted on February 07, 2010
[MOJ friend Pasquale Annicchino send this our way:] HOW BRAVE WILL THE ECtHR BE? As Professor Lee rightly reported in his post just below, the Italian government has submitted its appeal to the Grand Chamber of the European Court of...

Italy Appeals EU Court's Crucifix Ban

Posted on February 06, 2010
Zenit reports that Italy is appealing a ban on crucifixes in public school classrooms imposed by the European Court of Human Rights. The appeal submitted to the court by the Italian government argues that "The display of the crucifix in...

Pope Picks OUR Mirror as 2010 Lenten Theme!

Posted on February 05, 2010
(Did that National-Enquiresque headline grab you?) Lent begins Feb. 17, and Pope Benedict is inviting us spend some time during Lent to reflect on "the great theme of justice." His message for Lent on that theme is available here. An...

Frontiers of Informed Consent -- Communicating with Patients in PVS

Posted on February 05, 2010
Fascinating new evidence of significant brain activity in patients thought to be in a persistent vegetative state, coming from the University of Liege, reported in the New England Journal of Medicine. Brain scans of some patients thought to be in...

Christian Legal Society Briefs in the Supreme Court

Posted on February 05, 2010
Christian Legal Society v. Martinez, now before the Supreme Court, is a very important case about freedom of association, free exercise of religion, and the definition of viewpoint neutrality. It concerns whether a CLS chapter can be excluded from a....

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