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A major statement from one of the foremost legal theorists of our day, this book offers a penetrating look into the political nature of legal, and especially judicial, decision making. It is also the first sustained attempt to integrate the American approach to law, an uneasy balance of deep commitment and intense skepticism, with the Continental tradition in social theory, philosophy, and psychology. At the center of this work is the question of how politics affects judicial activity-and how, in turn, lawmaking by judges affects American politics. Duncan Kennedy considers opposing views about whether law is political in character and, if so, how. He puts forward an original, distinctive, and remarkably lucid theory of adjudication that includes accounts of both judicial rhetoric and the experience of judging. With an eye to the current state of theory, legal or otherwise, he also includes a provocative discussion of postmodernism. Ultimately concerned with the practical consequences of ideas about the law, A Critique of Adjudication explores the aspects and implications of adjudication as few books have in this century. As a comprehensive and powerfully argued statement of a critical position in modern American legal thought, it will be essential to any balanced picture of the legal, political, and cultural life of our nation.
This in-depth analysis of the legal cases in the Book of Mormon provides a glimpse into ancient systems of law and punishment.
The inability of American society to tolerate the peculiar institutions embraced by Mormons was one of the major events in the religious history of nineteenth-century America. Zion in the Courts explores one aspect of this collision between the Mormons and the mainstream: the Mormons' efforts to establish their own court system--one appropriate to the distinctive political, social, and economic practices they envisioned as Zion--and the pressures applied by the federal legal system to bring them to heel. This first paperback edition includes two new introductory pieces in which the authors discuss the Mormon emphasis on settling disputes outside the court, a practice that foreshadows current trends toward arbitration and mediation.
Law and the Restoration: Law and Latter-day Saint Thought and Scripture is a comprehensive exploration of the intricate relationship between legal principles and the doctrines of The Church of Jesus Christ of Latter-day Saints. Author Nathan B. Oman delves into the profound ways in which Mormon theology intersects with legal concepts, offering readers a detailed analysis of church doctrines, their authority, and their implications for members' daily lives. In doing so, Oman addresses foundational questions about the nature of church authority, the role of personal judgment, and the dynamic interplay between divine law and secular legal systems. The book is not just an academic treatise but a thoughtful discourse aimed at elucidating how Mormons navigate complex moral and legal landscapes in their quest to reconcile faith with modern societal norms. Each chapter in Law and Latter-day Saint Thought and Scripture serves as a deep dive into specific aspects of Mormon doctrine and its legal ramifications. From the examination of Nephi's actions in the Book of Mormon to the contemporary debates surrounding same-sex marriage and civil disobedience, Oman provides a balanced and respectful analysis that seeks to understand rather than critique. This book is an invaluable resource for scholars, legal practitioners, and anyone interested in the intersection of religion and law, providing a rich narrative that underscores the ongoing dialogue between faith and jurisprudence within the Latter-day Saint tradition.
Traditionalist Christians who oppose same-sex marriage and other cultural developments in the United States wonder why they are being forced to bracket their beliefs in order to participate in public life. This situation is not new, says Steven D. Smith: Christians two thousand years ago faced very similar challenges. Picking up poet T. S. Eliot’s World War II–era thesis that the future of the West would be determined by a contest between Christianity and “modern paganism,” Smith argues in this book that today’s culture wars can be seen as a reprise of the basic antagonism that pitted pagans against Christians in the Roman Empire. Smith’s Pagans and Christians in the City looks at that historical conflict and explores how the same competing ideas continue to clash today. All of us, Smith shows, have much to learn by observing how patterns from ancient history are reemerging in today’s most controversial issues.