For those who are interested in this issue, I have written an amicus brief for the McCreary case (with the valuable assistance of Paul Finkelman) that argues against a close connection between American law and the 10 Commandments. If you would seriously consider signing on to such a brief (on behalf of historians and law scholars) and would like to see a draft, please let me know: [EMAIL PROTECTED]

By the way, my article in the JLR is based on research from my dissertation which pre-dated my association with Americans United.

--
Steven K. Green, J.D., Ph.D.
Associate Professor
Director, Center for Law and Government
Willamette University College of Law
245 Winter St., SE
Salem, OR 97301
503-370-6732


[EMAIL PROTECTED] wrote:

Divine source, perhaps, but certainly not the God of the Bible, but rather a diestic "creator" or "nature's God."

Paul FInkelman

Quoting Francis Beckwith <[EMAIL PROTECTED]>:


Very good questions. I think one could teach the logic of the
Declaration
without saying that it is true.  For example, I frequently
lecture on
thinkers and arguments that I don't think are correct, but I
do so because I
would not be a virtuous teacher.  On the other hand, it may be
that some
religious beliefs are more consistent with a just regime than
others. For
example, from your perspective a religion that taught its
adherents that the
state should teach in its schools the true religion would be a
religion that
is mistaken about the nature of the state.

Frank

On 12/18/04 3:23 PM, "Ed Brayton" <[EMAIL PROTECTED]>
wrote:


Francis Beckwith wrote:


The declaration says three things about rights:

1. That they are self-evident
2. That they are inalienable
3. That they have divine source

So, Ed seems to be suggesting that we jettison teaching the

third because

there is no principled way to teach it with out implying

the falsity of

other takes on God and rights. But, as you know, there are

many who

challenge the inalienability and self-evidence of rights

precisely on the

grounds that if rights have these non-material properties,

it seems that

some form of non-naturalism must be the case and theism is

a form of

non-naturalism. So, there's good reason to ignore 1 and 2

as well since it

may lead one to think that theism has a lot more going for

it in grounding

rights than let's say materialism.


I'm not suggesting that we not teach that this is the

philosophy behind

the Declaration, I'm just saying that if we allow teachers

to advocate

that the theological position is true, how do we prevent

them from

advocating any other theological position? If we cannot do

so, then

we'll have quite a mess on our hands as Muslim teachers

teach their

students that the Quran is true, for instance, or atheist

teachers teach

that the bible is false. From a practical standpoint, this

clearly isn't

workable, but at the same time you cannot constitutionally

say that we

will allow teachers to teach some theological positions but

not others.

How would you address that question, which was at the core

of what I said?

Ed Brayton
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Paul Finkelman
Chapman Distinguished Professor of Law
Univ. of Tulsa College of Law
2120 East 4th Place
Tulsa OK  74104-3189

Phone: 918-631-3706
Fax:    918-631-2194
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