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Religious Political Arguments, Accessibility, and Democratic Deliberation

“inclusivists,” who permit religious contributions to deliberation. Yet even inclusivists provide little reason to think that religious political arguments can be persuasive or fruitful. After all, they tend to ... Prospects for Public Reason Liberalism?, in UNDERSTANDING LIBERAL DEMOCRACY: ESSAYS IN POLITICAL PHILOSOPHY 76, 110 (Terence Cuneo ed., 2012). VALLIER, supra note 12, also rejects the “consensus” public

Establishment’s Political Priority to Free Exercise

, political benefits. To prioritize free speech rights, they say, reflects an unjust inflation of individual interest over our common political commitments. These disagreements afflict the Religion Clauses as ... establishment, and of the best political establishment, is one of the enduring problems of classical political philosophy. In Aristotle’s famous scheme, a community becomes an authentic political regime when it

Christians and/as Liberals?

dignity, is the political system that reflects and embodies Christian commitments; and the constitutional legal order that accompanies liberalism, centrally including legally enforced rights of religious ... Truth, LAW & LIBERTY (Apr. 23, 2021), https://lawliberty.org/forum/rawls-and-the-rejection-of-truth/ [https://perma.cc /F3KW-8EHP] (“Rawls’ political philosophy makes no appeal to truth: ‘in public reason

"The Arc of the Moral Universe": Christian Eschatology and U.S. Constitutionalism

to promote social progress. The second and third were both influenced by the Hegelian school’s philosophy of history, in which God is synonymous with human conscience, social conflict, and an ... MAKING: INTERPRETING AND AMERICAN TRADITION 234 (2011). 134 See RORTY, supra note 126, at 20–21. 135 Dewey’s Political Philosophy, STAN. ENCYCLOPEDIA PHIL. (updated July 26, 2018), https

"It is Tash Whom He Serves": Deneen and Vermeule on Liberalism

of society. Some on the left concededly do. They aren’t liberals. The insouciant enthusiasm, in factions on the left and the right, for dismantling American political institutions calls to mind Roger ... citation to the Notre Dame Law Review, and includes this provision in the copyright notice. * John Paul Stevens Professor of Law and Professor (by courtesy) of Political Science, Department of Philosophy

Movement Administrative Procedure

. This Article gives the APA a hard look through the lens of movement law—an approach to legal scholarship that is informed by and supportive of left social movements that seek to transform the political ... movement activity around the administrative state and focused attention on the APA. 2023] M O V E M E N T A D M I N I S T R A T I V E P R O C E D U R E 2179 Part II provides an account of the political

Whose Liberalism, Which Christianity?

liberalism they seek to defend, some contributors either propose or imply a broad distinction between what Andrew Koppelman calls liberalism as “philosophy”1 and liberalism as “political practice.”2 I will ... example, distinguishes a package of “‘liberal’ political institutions” from liberal philosophy, arguing that the former can be better defended by “New Natural Law” (NNL) arguments than by liberal philosophy

Natural Law, Parental Rights, and the Defense of "Liberal

show, through these concrete examples related to parental rights, how natural law principles can save liberal political institutions not only from their integralist critics, but also from liberalism’s ... natural law tradition more generally are indeed incompatible with liberalism understood as a philosophy, they are not incompatible with what we commonly refer to as “liberal” political institutions.19 On

Catholic Liberalism and the Liberal Tradition

Criticisms of liberalism are nothing new. All political traditions have their detractors, and as in the past, today’s critics of liberalism include those on the left and right as well as religious ... , 51 SAN DIEGO L. REV. 1085 , 1085 - 88 67 See THOMAS CREAN & ALAN FIMISTER , INTEGRALISM: A MANUAL OF POLITICAL PHILOSOPHY 28-31 , 103 ( 2020 ); Ahmari, supra note 34; Adrian Vermeule , As Secular

American Philosophy of Law

the generality of our scholarship has come to regard American legal philosophy as a tabula rasa, waiting for the original contributions of Sociology, Economics, Political Science, Psychology and finally ... governmental relationships in the bright light of God's creative purpose. If, as Christopher Dawson says,9 "we need a political philosophy that is more catholic and more humane one which does not exclude or

Tender and Taint: Money and Complicity in Entanglement Jurisprudence

Municipal Employees, Council 31, where an employee successfully contested his union dues, even though they were not going to fund the union’s political activity, can be understood on similar grounds. The ... additional works at: https://scholarship.law.nd.edu/ndlr Part of the Jurisprudence Commons, and the Law and Philosophy Commons Recommended Citation Amy J. Sepinwall, Tender and Taint: Money and Complicity in

Taking (Equal Voting) Rights Seriously: The Fifteenth Amendment as Constitutional Foundation, and the Need for Judges to Remodel Their Approach to Age Discrimination in Political Rights

AMENDMENT AS CONSTITUTIONAL FOUNDATION, AND THE NEED FOR JUDGES TO R EMODEL THEIR APPROACH TO AGE DISC RIMINATION IN POLITICAL RIGHTS Vikram David Amar* This Essay explores the relationship between twentieth ... crucial to the meaning of political-rights equality under the Constitution. It ends by urging courts to take more seriously the similarities between the Twenty-Sixth and Fifteenth Amendments in adjudicating

Liberalism and Orthodoxy: A Search for Mutual Apprehension

). 79 See Roberto Fumagalli, A More Liberal Public Reason Liberalism, MORAL PHIL. & POL., 2022, at 1; Sharon A. Lloyd & Susanne Sreedhar, Hobbes’s Moral and Political Philosophy, STAN. ENCYCLOPEDIA PHIL ... Orthodox Mission and Visiting Professor, Marist College Follow this and additional works at: https://scholarship.law.nd.edu/ndlr Part of the Jurisprudence Commons, and the Law and Philosophy Commons

Contingency and Contestation in Christianity and Liberalism

Notre Dame L. Rev Follow this and additional works at: https://scholarship.law.nd.edu/ndlr Part of the Jurisprudence Commons, and the Law and Philosophy Commons Recommended Citation Available at: https ... engagement with particular theological traditions. Much of the discussion of religion in political theory and in law deals in abstractions, treating religion as a black box of more or less obscure and

The Moral Authority of Original Meaning

POLITICAL PHILOSOPHY 390–413 (Cluny Media 2016) (1945). these arguments—though commonly debated in political philosophy during the twentieth century26—have rarely been cited in American law reviews,27 and ... . Press 1998) (1951). 114 ROMMEN, supra note 25, at 358; see also SUÁREZ, supra note 24, at 367. political philosophy.115 That the debates over authority are so voluminous makes it even more important to

One Hundred Years of Legal Philosophy

works at; http; //scholarship; law; nd; edu/ndlr - There is a sense in which twentieth century legal philosophy began on January 8, 1897. On that day, Oliver Wendell Holmes, then a justice of the ... and the relationship between law and morality-have preoccupied legal philosophy in the century that was then dawning and is now drawing to a close. They have figured centrally in the work of our honoree

The "Nonministerial

N 397 church-state philosophy.22 It began by stating, “Almighty God hath created the mind free; that all attempts to influence it by temporal punishments or burthens, or by civil incapacitations ... is entirely ecclesiastical,” it would go against the “scrupulous policy of the Constitution in guarding against a political interference with religious affairs” for Madison to give his input on the

Political Justice of the Qur'an and Traditions’ Perspectives: A Reflection on Political Equality

-font:minor-latin; mso-fareast-language:EN-US;} T he present study aims to investigate the relationship between political justice based on Quran doctrines and narratives, and the political equality posed by ... Prophet about tawalli and wilaya, appointed the wilaya to Imam Ali and the tawalli to 25 Such separation in the modern political thought is also exists in various forms. In a new political philosophy, in

Political Justice of the Qur'an and Traditions’ Perspectives: A Reflection on Political Equality

-font:minor-latin; mso-fareast-language:EN-US;} T he present study aims to investigate the relationship between political justice based on Quran doctrines and narratives, and the political equality posed by ... Prophet about tawalli and wilaya, appointed the wilaya to Imam Ali and the tawalli to 25 Such separation in the modern political thought is also exists in various forms. In a new political philosophy, in

Political Justice of the Qur'an and Traditions’ Perspectives: A Reflection on Political Equality

Prophet about tawalli and wilaya, appointed the wilaya to Imam Ali and the tawalli to 25 Such separation in the modern political thought is also exists in various forms. In a new political philosophy, in ... 0 1 0 Mofid University 1 Kuran'ın Siyasi Adaleti ve Geleneklerin Perspektifleri: Siyasi Eşitlik Üzerine Bir Düşünce The present study aims to investigate the relationship between political