Toward a Mormon Jurisprudence
The following article was published in the Regent University Law Review in the first number of its 2008-2009 volume, pages 79-103. The article is reprinted here by permission without any substantive modifications. Because law reviews are not easily available on the Web or elsewhere to most readers, I am pleased to give wider exposure to this first foray into the idea of a Mormon jurisprudence. Regent University is an Evangelical Christian institution.
This article grew mainly out of a talk that was delivered on February 14, 2004, to the first national meeting of the student chapters of the J. Reuben Clark Law Society, held at Harvard Law School. Four years later, on February 13, 2008, Scott Adams, a third-year member of the law review at Regent University Law School contacted me and said that he was hoping to “put something together on Mormonism and the law,” to see if the law review might publish it. Scott rightly indicated that, according to his research, “no one has ever attempted to tackle the ambitious project of considering Mormonism, in general, and analyzing its potential implications on law (for example, how might an LDS judge see the law, as opposed to a Catholic).” Scott was thinking about writing a paper himself on natural law from an LDS perspective. I responded by suggesting that he contact Cole Durham, Francis Beckwith, and Nate Oman; and I offered to send him a copy of my Harvard speech, expressing interest in publishing that paper as a companion piece with his.
As it would soon turn out, the editor-in-chief and board of the Regent law review were very eager to publish my piece, especially if it could appear with another article presenting an “opposing viewpoint.” They suggested a member of their faculty, and after brief deliberations, all was agreed. In the end, however, no opposing or additional articles were forthcoming, and so this article was published on its own. I thank Scott and his fellow students for their help in checking and enriching the footnotes. They also had hopes that this publication would build good relationships between Evangelicals and future LDS students, which I too hope has occurred.
This essay tries to identify what a “Mormon” jurisprudence would, and would not, look like. Beyond its immediate relevance to legal thought, this article might have broader applications in helping LDS scholars in other disciplines to think about, for example, what a Mormon theory of literary criticism might look like, or what would be distinctive about a Mormon approach to political theory or to any other discipline. I believe that any such Mormon academic approach (1) would be solidly rooted in all LDS scripture, (2) would be inclusivistic, privileging fullness and openness over closure and completeness, and (3) would be fundamentally pluralistic and not reductionistic.
Obviously, this piece is just a beginning. There is much more to be done here. I have continued to work along these lines for the past decade and have published other things growing out of this paper, for example, a talk about rights and duties given at Stanford Law School, published in the Clark Memorandum (Fall, 2010), 26, and my Maeser lecture at Brigham Young University, available at
I would hope next to articulate the specific implications of these ideas with respect to legal attitudes toward statutory construction, judicial activism, the spirit and letter of the law, justice and mercy, equality and freedom, pacifism and justifiable use of force, corrections and forms of punishment, degrees of fiduciary duties, types of contracts, the foundations of family law, the principles of constitutional law, and many other topics. This development would utilize historical, scriptural, logical, ethical, and other analyses.
Naturally, this article is neither complete nor comprehensive in scope. How could it truly exemplify my theory if it were otherwise? This was all I could cover in a brief presentation even to a group of bright law students gathered on a Valentine’s Day at Harvard. And I probably already had included enough here to bewilder most Baptist readers of the Regent University Law Review who were just then hearing for the first time about Mitt Romney and wondered how a Mormon might approach the law as the president of the United States.
That question, of course, is still up for grabs; and Latter-day Saints are more interested in political and legal issues than ever before. So I hope that readers may find this article still to be stimulating and, as reader Sid Unrau has commented, “well worth reading, contemplating, and building upon, … a valuable start for those who wish to further the subject.”
1116373404
This article grew mainly out of a talk that was delivered on February 14, 2004, to the first national meeting of the student chapters of the J. Reuben Clark Law Society, held at Harvard Law School. Four years later, on February 13, 2008, Scott Adams, a third-year member of the law review at Regent University Law School contacted me and said that he was hoping to “put something together on Mormonism and the law,” to see if the law review might publish it. Scott rightly indicated that, according to his research, “no one has ever attempted to tackle the ambitious project of considering Mormonism, in general, and analyzing its potential implications on law (for example, how might an LDS judge see the law, as opposed to a Catholic).” Scott was thinking about writing a paper himself on natural law from an LDS perspective. I responded by suggesting that he contact Cole Durham, Francis Beckwith, and Nate Oman; and I offered to send him a copy of my Harvard speech, expressing interest in publishing that paper as a companion piece with his.
As it would soon turn out, the editor-in-chief and board of the Regent law review were very eager to publish my piece, especially if it could appear with another article presenting an “opposing viewpoint.” They suggested a member of their faculty, and after brief deliberations, all was agreed. In the end, however, no opposing or additional articles were forthcoming, and so this article was published on its own. I thank Scott and his fellow students for their help in checking and enriching the footnotes. They also had hopes that this publication would build good relationships between Evangelicals and future LDS students, which I too hope has occurred.
This essay tries to identify what a “Mormon” jurisprudence would, and would not, look like. Beyond its immediate relevance to legal thought, this article might have broader applications in helping LDS scholars in other disciplines to think about, for example, what a Mormon theory of literary criticism might look like, or what would be distinctive about a Mormon approach to political theory or to any other discipline. I believe that any such Mormon academic approach (1) would be solidly rooted in all LDS scripture, (2) would be inclusivistic, privileging fullness and openness over closure and completeness, and (3) would be fundamentally pluralistic and not reductionistic.
Obviously, this piece is just a beginning. There is much more to be done here. I have continued to work along these lines for the past decade and have published other things growing out of this paper, for example, a talk about rights and duties given at Stanford Law School, published in the Clark Memorandum (Fall, 2010), 26, and my Maeser lecture at Brigham Young University, available at
I would hope next to articulate the specific implications of these ideas with respect to legal attitudes toward statutory construction, judicial activism, the spirit and letter of the law, justice and mercy, equality and freedom, pacifism and justifiable use of force, corrections and forms of punishment, degrees of fiduciary duties, types of contracts, the foundations of family law, the principles of constitutional law, and many other topics. This development would utilize historical, scriptural, logical, ethical, and other analyses.
Naturally, this article is neither complete nor comprehensive in scope. How could it truly exemplify my theory if it were otherwise? This was all I could cover in a brief presentation even to a group of bright law students gathered on a Valentine’s Day at Harvard. And I probably already had included enough here to bewilder most Baptist readers of the Regent University Law Review who were just then hearing for the first time about Mitt Romney and wondered how a Mormon might approach the law as the president of the United States.
That question, of course, is still up for grabs; and Latter-day Saints are more interested in political and legal issues than ever before. So I hope that readers may find this article still to be stimulating and, as reader Sid Unrau has commented, “well worth reading, contemplating, and building upon, … a valuable start for those who wish to further the subject.”
Toward a Mormon Jurisprudence
The following article was published in the Regent University Law Review in the first number of its 2008-2009 volume, pages 79-103. The article is reprinted here by permission without any substantive modifications. Because law reviews are not easily available on the Web or elsewhere to most readers, I am pleased to give wider exposure to this first foray into the idea of a Mormon jurisprudence. Regent University is an Evangelical Christian institution.
This article grew mainly out of a talk that was delivered on February 14, 2004, to the first national meeting of the student chapters of the J. Reuben Clark Law Society, held at Harvard Law School. Four years later, on February 13, 2008, Scott Adams, a third-year member of the law review at Regent University Law School contacted me and said that he was hoping to “put something together on Mormonism and the law,” to see if the law review might publish it. Scott rightly indicated that, according to his research, “no one has ever attempted to tackle the ambitious project of considering Mormonism, in general, and analyzing its potential implications on law (for example, how might an LDS judge see the law, as opposed to a Catholic).” Scott was thinking about writing a paper himself on natural law from an LDS perspective. I responded by suggesting that he contact Cole Durham, Francis Beckwith, and Nate Oman; and I offered to send him a copy of my Harvard speech, expressing interest in publishing that paper as a companion piece with his.
As it would soon turn out, the editor-in-chief and board of the Regent law review were very eager to publish my piece, especially if it could appear with another article presenting an “opposing viewpoint.” They suggested a member of their faculty, and after brief deliberations, all was agreed. In the end, however, no opposing or additional articles were forthcoming, and so this article was published on its own. I thank Scott and his fellow students for their help in checking and enriching the footnotes. They also had hopes that this publication would build good relationships between Evangelicals and future LDS students, which I too hope has occurred.
This essay tries to identify what a “Mormon” jurisprudence would, and would not, look like. Beyond its immediate relevance to legal thought, this article might have broader applications in helping LDS scholars in other disciplines to think about, for example, what a Mormon theory of literary criticism might look like, or what would be distinctive about a Mormon approach to political theory or to any other discipline. I believe that any such Mormon academic approach (1) would be solidly rooted in all LDS scripture, (2) would be inclusivistic, privileging fullness and openness over closure and completeness, and (3) would be fundamentally pluralistic and not reductionistic.
Obviously, this piece is just a beginning. There is much more to be done here. I have continued to work along these lines for the past decade and have published other things growing out of this paper, for example, a talk about rights and duties given at Stanford Law School, published in the Clark Memorandum (Fall, 2010), 26, and my Maeser lecture at Brigham Young University, available at
I would hope next to articulate the specific implications of these ideas with respect to legal attitudes toward statutory construction, judicial activism, the spirit and letter of the law, justice and mercy, equality and freedom, pacifism and justifiable use of force, corrections and forms of punishment, degrees of fiduciary duties, types of contracts, the foundations of family law, the principles of constitutional law, and many other topics. This development would utilize historical, scriptural, logical, ethical, and other analyses.
Naturally, this article is neither complete nor comprehensive in scope. How could it truly exemplify my theory if it were otherwise? This was all I could cover in a brief presentation even to a group of bright law students gathered on a Valentine’s Day at Harvard. And I probably already had included enough here to bewilder most Baptist readers of the Regent University Law Review who were just then hearing for the first time about Mitt Romney and wondered how a Mormon might approach the law as the president of the United States.
That question, of course, is still up for grabs; and Latter-day Saints are more interested in political and legal issues than ever before. So I hope that readers may find this article still to be stimulating and, as reader Sid Unrau has commented, “well worth reading, contemplating, and building upon, … a valuable start for those who wish to further the subject.”
This article grew mainly out of a talk that was delivered on February 14, 2004, to the first national meeting of the student chapters of the J. Reuben Clark Law Society, held at Harvard Law School. Four years later, on February 13, 2008, Scott Adams, a third-year member of the law review at Regent University Law School contacted me and said that he was hoping to “put something together on Mormonism and the law,” to see if the law review might publish it. Scott rightly indicated that, according to his research, “no one has ever attempted to tackle the ambitious project of considering Mormonism, in general, and analyzing its potential implications on law (for example, how might an LDS judge see the law, as opposed to a Catholic).” Scott was thinking about writing a paper himself on natural law from an LDS perspective. I responded by suggesting that he contact Cole Durham, Francis Beckwith, and Nate Oman; and I offered to send him a copy of my Harvard speech, expressing interest in publishing that paper as a companion piece with his.
As it would soon turn out, the editor-in-chief and board of the Regent law review were very eager to publish my piece, especially if it could appear with another article presenting an “opposing viewpoint.” They suggested a member of their faculty, and after brief deliberations, all was agreed. In the end, however, no opposing or additional articles were forthcoming, and so this article was published on its own. I thank Scott and his fellow students for their help in checking and enriching the footnotes. They also had hopes that this publication would build good relationships between Evangelicals and future LDS students, which I too hope has occurred.
This essay tries to identify what a “Mormon” jurisprudence would, and would not, look like. Beyond its immediate relevance to legal thought, this article might have broader applications in helping LDS scholars in other disciplines to think about, for example, what a Mormon theory of literary criticism might look like, or what would be distinctive about a Mormon approach to political theory or to any other discipline. I believe that any such Mormon academic approach (1) would be solidly rooted in all LDS scripture, (2) would be inclusivistic, privileging fullness and openness over closure and completeness, and (3) would be fundamentally pluralistic and not reductionistic.
Obviously, this piece is just a beginning. There is much more to be done here. I have continued to work along these lines for the past decade and have published other things growing out of this paper, for example, a talk about rights and duties given at Stanford Law School, published in the Clark Memorandum (Fall, 2010), 26, and my Maeser lecture at Brigham Young University, available at
I would hope next to articulate the specific implications of these ideas with respect to legal attitudes toward statutory construction, judicial activism, the spirit and letter of the law, justice and mercy, equality and freedom, pacifism and justifiable use of force, corrections and forms of punishment, degrees of fiduciary duties, types of contracts, the foundations of family law, the principles of constitutional law, and many other topics. This development would utilize historical, scriptural, logical, ethical, and other analyses.
Naturally, this article is neither complete nor comprehensive in scope. How could it truly exemplify my theory if it were otherwise? This was all I could cover in a brief presentation even to a group of bright law students gathered on a Valentine’s Day at Harvard. And I probably already had included enough here to bewilder most Baptist readers of the Regent University Law Review who were just then hearing for the first time about Mitt Romney and wondered how a Mormon might approach the law as the president of the United States.
That question, of course, is still up for grabs; and Latter-day Saints are more interested in political and legal issues than ever before. So I hope that readers may find this article still to be stimulating and, as reader Sid Unrau has commented, “well worth reading, contemplating, and building upon, … a valuable start for those who wish to further the subject.”
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Product Details
| BN ID: | 2940148449645 |
|---|---|
| Publisher: | Interpreter Foundation |
| Publication date: | 08/09/2013 |
| Series: | Interpreter: A Journal of Mormon Scripture , #6 |
| Sold by: | Barnes & Noble |
| Format: | eBook |
| Pages: | 35 |
| File size: | 283 KB |
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