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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

Religious Purpose

Posted on February 20, 2009
In a recent post, I said, that a law founded on a religious purpose was unconstitutional and that a law passed with fully adequate secular justifications but prompted by religious beliefs should be constitutional. Rick asks ?How, though, do we...

An amusing satire

Posted on February 20, 2009
The satiric journal THE ONION is not everyone's cup of tea, mainly because of its utter lack of reverence. But as an opponent both of abortion and of the death penalty, I for one found this piece quite funny: Lethal...

Religion and the Constitution

Posted on February 20, 2009
I begin by thanking Steve Shiffrin, Rick Garnett, and Richard Stith for their thoughtful comments on the place of religion in matters Constitutional. I had written Steve privately to thank him for his fine reporting and insights. I would tend...

Legal responsibility vs. Relational responsibility

Posted on February 19, 2009
Loyola law prof Samuel Pillsbury has posted a review essay, Learning from Forgiveness. Here's the abstract: Many have argued that contemporary American criminal punishment is overly harsh and unforgiving, especially in its use of mandatory minimum penalties...

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Villanova and the driving conditions

Posted on February 17, 2009
If the driving conditions are not too scary from Ithaca, I hope to see MOJers and others at the conference. But the predictions of rain, snow, and wind give pause.

Religious Liberty and Conscience at Villanova

Posted on February 17, 2009
Readers might be interested in attending Villanova Law School?s third annual Scarpa Conference on Law, Politics and Culture this Thursday, February 19, 2009, at the Connelly Center on Villanova?s main campus. The theme of the conference is ?Liberty of Conscience...

Cardinal Bertone on the Universal Declaration of Human Rights

Posted on February 16, 2009
Knowing that matters Spanish have received some considerable attention on the Mirror of Justice over the past several weeks, I would like to draw the attention of the contributors and the MOJ readership to the address given by Cardinal Tarcisio...

for the record re Spain

Posted on February 16, 2009
I cannot really continue to debate Eduardo now that he has retreated to a forum (dotCommonweal) to which i have no access. But let me clarify at least one clear confusion in his last post against me on that other...

Nothing New Under the Sun: A Response to Eduardo in 2006

Posted on February 16, 2009
Despite the fact that Eduardo continues to criticize the rhetoric, analogies, and comparisons of pro-lifers (suggesting that we really don't believe in the equal dignity and worth of every human being regardless of stage of development and capacity), he has...

The "Stimulus" Package

Posted on February 15, 2009
With respect to Network's endorsement, which Michael P. posted recently, of the "stimulus" package, it seems to me that, whatever one thinks of the social-justice or other merits of the various spending items listed by Network, the fact that the...

Eightmaps

Posted on February 15, 2009
An interesting story, about "eightmaps", a site that takes the names and ZIP codes of people who donated to California's Prop. 8 ? information that California collects and makes public under state campaign finance disclosure laws ? and overlays the...

Pornography and the Freedom of Speech

Posted on February 15, 2009
I teach a course on the Freedom of Speech, which focuses primarily on the First Amendment. Each year, I struggle with the presentation of the cases and debates about obscenity and pornography. On the one hand, I am moved by...

The importance of Vatican City

Posted on February 15, 2009
David Gibson posted this, a few days ago, the 80th anniversary of the Lateran Pacts which, among other things, regularized the status of the Vatican. While I'm pretty sure there is not -- any longer, anyway -- a need for...

Once it's gone . . .

Posted on February 15, 2009
. . . it's really hard to get back (a university's "Catholic character", that is). Or so this quote, from Prof. Maxim Shrayer, the chairman of the department of Slavic and Eastern languages and literatures at Boston College would suggest:...

No moralizing in the pharmacy! Please moralize in the fertility clinic!

Posted on February 15, 2009
In recent years, there has been widespread resistance to the suggestion that a health care provider's own moral convictions should limit or otherwise shape the services she provides. Whenever a pharmacist refuses to dispense the "morning after" pill, to cite...

The Spanish Civil War

Posted on February 15, 2009
Like Rick Garnett, I know little of the Spanish Civil War. I do not think the Church should have supported either side. Its tight connections with Franco served to damage the Church in the long run (as Jose Casanova has...

The Church and Freedom of Speech

Posted on February 15, 2009
Rick recently posted about obscenity and pornography including links that were helpful on the damage done by such speech. (One of the authors, however, seems not to know that obscenity is not protected (leaving Stanley aside) under the First Amendment...

Response to Eduardo

Posted on February 15, 2009
Our friend and former colleague Eduardo -- who has, to my great regret, decided to give dotCommonweal a monopoly on his blogging time -- has, several times over the years, suggested that the failure of pro-lifers to call for civil...

"Unhinged Abortion Rhetoric" and the State

Posted on February 14, 2009
Michael P. links to Eduardo's "Democracy and Abortion" post at dotCommonweal. Setting aside the question of whether using certain rhetoric, analogies, or comparisons is prudent or not in a given setting, Eduardo continues to attempt to dodge the central reality...

When in Rome ... Stop by a Conference on School Funding

Posted on February 14, 2009
There may not be a lot of MOJ readers in Rome (or maybe there are -- and at the highest levels?) ... Anyhow, there is a conference this Monday in Rome on "State Financing of Catholic Schools," held at the...

The Economic Stimulus Package

Posted on February 14, 2009
As some MOJ readers may know, "Network" is a Catholic social justice lobby, in Washington, DC. Network is staffed mainly by Catholic sisters. I thought that MOJ readers would be interested in this message: Legislative Update - February 14, 2009...

Channeling Eduardo ...

Posted on February 14, 2009
Our colleague and friend Eduardo Pe�alver is no longer blogging here at MOJ. But, happily, he is still blogging over at dotCommonweal. Click here to read Eduardo's response ("Democracy and Abortion") to the posts, including the most recent post, by...

"Hands Off" Religious Doctrine

Posted on February 13, 2009
In January 2008, the AALS Law and Religion Section's program examined the rule, or claim, that the Constitution requires government to adopt a "hands off" approach to religious doctrine. The papers -- by Kent Greenawalt, Sam Levine, Andy Koppelman, Chris...

"Best practices" in health care

Posted on February 13, 2009
Last month the UK's Department of Health issued a guide on religion for British health care providers. Much of it is unobjectionable and unsurprising (proselytizing=boo! raising awareness=yay!), but one section stopped me in my tracks. In the section headed "trans...

The wisdom of repugnance . . .

Posted on February 13, 2009
. . . should cause one to recoil, it seems to me, from this: Want a daughter with blond hair, green eyes and pale skin? A Los Angeles clinic says it will soon help couples select both gender and physical...

"Adios" y "Salud", Eduardo. Que te vaya bien.

Posted on February 12, 2009
Eduardo takes a parting shot at me, but one that has significance for America today. Are those who foment hatred of religion responsible in some way for ensuing violence, especially if they later seem to condone and even endorse it?...

4th Annual Edith Stein Conference at Notre Dame, Feb. 13-14

Posted on February 12, 2009
The 4th Annual Edith Stein Conference will be held at Notre Dame Feb. 13-14. The conference title this year is "Love: What Hurts and What Works? Engaging Self, Society and God." News about the conference and a link to the...

Tom Berg Presents: "Obama's Theologian"

Posted on February 12, 2009
You can listen to (en edited version of) the Georgetown gathering this week on public radio's SPEAKING OF FAITH With Krista Tippet (here). Check your local listings; the show plays in different locales on different days and at different times....

Goodbye, and One Last Post on the Spanish Civil War

Posted on February 11, 2009
This is likely my last post for Mirror of Justice. I wanted to thank the other participants and readers here for their dialogue, from which I have learned a great deal. I hate to leave, but with two young kids...

"Burdens on Religion," Native Americans and Federal Lands, and Broader Implications

Posted on February 11, 2009
Among the major sources of protection for religious liberty in America today are statutes like the Religious Freedom Restoration Act (RFRA) and state-level counterparts, and one of the most important (and confused) questions under RFRA is what constitutes a sufficient...

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