Mirror of Justice

A blog dedicated to the development of Catholic legal theory.

Tuesday, November 27, 2012

"Government for the Time Being"

Prof. Bill Brewbaker (Alabama) has posted on SSRN his contribution to an Austin Sarat-edited volume, Matters of Faith (to which I also contributed).  Here is the abstract to Bill's paper, "Government for the Time Being":

This short paper is a response to Steven Smith’s argument for an institutional understanding of the Establishment Clause. It challenges Smith’s dismissive posture toward the classical understanding of the “secular.” The classical understanding takes secular to refer “to this time and this world (as opposed to some other time or world, such as ‘eternity’ or the hereafter,” rather than simply denoting a “nonreligious” viewpoint. By focusing on three presuppositions underlying the classical account — (1) the kingship of God, (2) the presence of the church, and (3) the expectation of a world-to-come — the paper argues that the classical account provides a more robust limitation on government than is commonly assumed.



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