Academic

Wagner on Finnis on State Religion

By Lawrence Solum

David N. Wagner (Ave Maria School of Law) has posted Religion and State: An Ecclesiological Perspective on SSRN.  Here is the abstract:

In January of 2007, John Finnis published a paper arguing that the state has not only the right, but, in the name of public order, has the obligation to name the true religion. My fascination with this theory led me to analyze his paper in the light of Catholic Church teaching on her relationship with the state and to consider the compatibility between that teaching and Finnis' philosophical presentation. The first half of the paper considers Finnis' work in detail, describing his philosophical method and evaluating his premises. I spend detailed attention, more words than he spends, in fact, because his argument is complex and compact. The second half of the paper follows relevant papal documents on how the state should understand its role in the history of salvation. I began With the Syllabus Errorum of Pius IX and finished with Fides et Ratio of John Paul II. This is not meant to be an exhaustive treatment of Church doctrine or even of papal documents on the subject. It is a survey of the teaching of the Church over the last 150 years and a culmination of the previous 1800 years.

Full post as published by Legal Theory Blog on May 02, 2008 (boomark / email).