Re: Are the Ten Commandments the foundation of the Anglo-Americanlegal system?

2004-12-20 Thread Steven Green
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

Re: Are the Ten Commandments the foundation of the Anglo-Americanlegal system?

2004-12-20 Thread Paul Finkelman
To the best of my knowledge that Court has never cited the TenC as legal authority for anything. On the other hand, I don't know any serious scholar who would deny that the 10 C have influenced American law. The issue is HOW MUCH influence. Chief Justice Moore asserted it was the moral

Re: Are the Ten Commandments the foundation of the Anglo-Americanlegal system?

2004-12-18 Thread JMHACLJ
In a message dated 12/17/2004 11:31:37 PM Eastern Standard Time, [EMAIL PROTECTED] writes: Surely, an exhaustive anthropology should reach back into those primitive societies that survived because they embraced such rules as no killing, no stealing, etc. Well, I wonder about this. Why should

Re: Are the Ten Commandments the foundation of the Anglo-Americanlegal system?

2004-12-18 Thread Ed Brayton
Richard Dougherty wrote: My question is a simple one, I think: regardless of the facts of this case, do you think it is unconstitutional to teach the Declaration of Independence -- that is, not as a historical document, but as if it were true, and that it is legitimate to tell students that it

Re: Are the Ten Commandments the foundation of the Anglo-Americanlegal system?

2004-12-18 Thread RJLipkin
In a message dated 12/18/2004 9:09:47 AM Eastern Standard Time, [EMAIL PROTECTED] writes: Why should an anthropology of angles and saxons rely upon developments of neolithic cultures in the pacific rim? And what of the cultures that survived because they adopted the no killing us, no

Re: Are the Ten Commandments the foundation of the Anglo-Americanlegal system?

2004-12-18 Thread RJLipkin
In a message dated 12/18/2004 3:51:16 PM Eastern Standard Time, [EMAIL PROTECTED] writes: But, as you know, there are many whochallenge the inalienability and self-evidence of rights precisely on thegrounds that if rights have these non-material properties Why are "inalienability"

Re: Are the Ten Commandments the foundation of the Anglo-Americanlegal system?

2004-12-18 Thread Ed Brayton
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

Re: Are the Ten Commandments the foundation of the Anglo-Americanlegal system?

2004-12-18 Thread paul-finkelman
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,

RE: Are the Ten Commandments the foundation of the Anglo-Americanlegal system?

2004-12-17 Thread Volokh, Eugene
I'm not sure this is quite right. Surely principles such as no killing, no stealing, no beating people up, no defaming people, no destroying their property, and so on -- both those mentioned in the Ten Commandments and those not so mentioned -- are a far more important part of the moral

Re: Are the Ten Commandments the foundation of the Anglo-Americanlegal system?

2004-12-17 Thread RJLipkin
In a message dated 12/17/2004 7:11:44 PM Eastern Standard Time, [EMAIL PROTECTED] writes: Surely principles such as nokilling, no stealing, no beating people up, no defaming people, nodestroying their property, and so on -- both those mentioned in the TenCommandments and those not

RE: Are the Ten Commandments the foundation of the Anglo-Americanlegal system?

2004-12-17 Thread paul-finkelman
For the Ten C. to be the foundation of law we would at least have to imagine that without the 10 C we might not have these rules; but of course ALL societies ban murder (not killing, which is a problem with the (incorrect) King James translation of the 10 C;), stealing, and perjury. The 10 C

Re: Are the Ten Commandments the foundation of the Anglo-Americanlegal system?

2004-12-17 Thread Richard Dougherty
Ed: I think this is stated very clearly, and I think you have done an excellent job of laying out your position -- others have, too, including those who disagree with you, but I want to focus on this one a bit. This discussion started some days ago about whether the CA Steve Williams suit was