Lofton / Law-Religion

[Hamilton02 at aol.com]

In a message dated 5/17/2007 2:53:07 P.M. Eastern Daylight Time,  
jlof at aol.com writes:

All law is inescapably "religious," our own Western law  being based on the 
Christian Church/Bible. See, please, among other books,  Harold Berman's 2-vol 
work "Law And Revolution." John Lofton, Editor,  TheAmericanView.com; 
Recovering Republican...




Some of our law is derived from religious principles, a point made well by  
Carl Schmitt.  But certainly  not all.  Berman overstates the  argument in my 
view.  I think it is crucial among scholars that we remain  sensitive to these 
nuances, despite the culture's inclination to argue  either/or.
 
Marci
 
 
 
Marci A. Hamilton
Paul R. Verkuil Chair in Public Law
Benjamin N. Cardozo School of Law
Yeshiva University



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