This paper argues that secular legal systems need a better defined space for freedom of conscience because this important right has been crowded out by both freedom of religion and freedom of thought. Based on the principles of the Protestant Reformation, American constitutionalism expanded the idea of freedom of conscience to the point of making it almost interchangeable with freedom of religion. On the other hand, international law, followed by European constitutional law, reduced the political force of the concept of freedom of conscience by assimilating it to freedom of thought. And yet freedom of conscience cannot be treated just the same as either religious freedom or freedom of thought. By nature, the secular legal systems of political communities are moral, but nonreligious. So morality and religion affect legal systems in different ways. For this reason, freedom of conscience and freedom of religion should be protected using different legal devices. The so-called privilege of abstaining (beneficium abstinendi) best protects freedom of conscience; freedom of religion, by contrast, is appropriately protected by what I call the religious exception (exceptio religiosa). The consequences of applying these legal tools in particular cases, and their proper scopes, depend on the constitutional model of the political community in question. But in general, an increasingly globalized, diverse, and multicultural society demands a wider application of both these legal tools.

This article discusses Paul Ricoeur's moral philosophy as a tool for the mediation of international disputes. It argues that Ricoeur's hermeneutics provides a lens to examine how a mediator can use language to explore with representatives of the disputing parties a deeper sense of their histories as a pathway to creative imagination and problem solving. It shows how even, and perhaps especially, religious disputants can be led into a more profound sense of the complexity of their identity and history, in order to discover the sense of urgency and responsibility that opens disputants to imaginative steps toward peace and reconciliation.

In addition the article discusses Ricoeur's clear-eyed view of forgiveness as an important correction to modern-day uses of truth and reconciliation commissions. With this better understanding of the meaning and conditions of forgiveness in hand peacemakers will be able to help disputants design processes that are necessary for a lasting and just peace.

Finally it briefly discusses the challenges to applying Ricoeur's hermeneutics to international conflicts.

As a religious law, adage, and recipe for generational reciprocity, the “honor commandment” looms large as a societal construct, especially with 76 million baby boomers in the United States approaching old age. This article explores how the honor commandment persists as a normative ethic in the lived practice of elder care and the ways that it is supported by, or at odds with, secular legal imperatives of elder care.

Much in the way that the biblical story of Ruth provides a broad interpretation of how to live the honor commandment, this interdisciplinary exploration is informed by contemporary experiences of elder care culled from ethnographic interviews as well as by theological, demographic, and legal source material. We argue that the honor commandment continues to support practical adherence to largely unknown legal obligations. Caring for aging and ill parents can impose burdens on the caretakers that secular laws often fail to alleviate, particularly because of changes in the structure of twenty-first-century families. We suggest potential reforms that could better facilitate honoring seriously ill elders and the grown children who care for them.

The recent decision of the United Kingdom Supreme Court in Regina (Hodkin and another) v Registrar General for Births, Deaths and Marriages concerned the registration of the premises belonging to the Church of Scientology in London as a place of worship, specifically for the purpose of enabling a marriage to take place there which would be valid in law. This article examines the continuing significance of a registered place of worship in the English law rules on formalities of marriage. It provides a brief history of the role of religion in the solemnization of marriages in England and Wales, and the emergence of the “place of worship” as a constituent element in the celebration of a valid marriage. The role of marriage at a registered place of worship in the current legislation governing the formalities of marriage is considered, along with the impact on that scheme of the Marriage (Same Sex Couples) Act 2013. The exceptional character of the approach adopted by English law is highlighted by a comparative survey of laws on the solemnization of marriages, which also demonstrates some of the problems arising out of alternative solutions. Finally, recent attempts to reform the law are noted, followed by some concluding remarks on possible future developments.

This article presents a case study of the influence of Muslim and Christian logicians on medieval Jewish law. The case in question is why it is a punishable offense for Jews to eat mammals that do not have either sign of purity—that is, neither have split hooves nor chew their cud—and the article examines the answers given by three medieval Jewish sages: Rashi, Maimonides, and Naḥmanides. The Written Law of the Torah explicitly allows the consumption of mammals, such as cattle, with both signs of purity. It also explicitly prohibits the eating of mammals, such as camels or pigs, with one sign but not the other. It does not, however, appear to explicitly prohibit the consumption of mammals, such as horses, with neither sign. Using a fortiori logic, Rashi derives a punishable prohibition against eating horses from the prohibition against eating camels and pigs. Maimonides ascribes this prohibition to the Oral Law of the Talmud. Naḥmanides, by contrast, attributes it directly to the Written Law without relying on either a fortiori logic or the Oral Law. This article argues that this solution was available to Naḥmanides because he adopted inclusive disjunction from Christian logicians, but it was not available to Maimonides because he adopted exclusive disjunction from Muslim logicians. The choice between inclusive and exclusive disjunction is shown to continue to be of importance in modern American law.

In her essay “The Decline of the Nation-State and the End of the Rights of Man,” Hannah Arendt famously wrote, “Nobody had been aware that mankind, for so long a time considered under the image of a family of nations, had reached the state where whoever was thrown out of one of these tightly organized closed communities found himself thrown out of the family of nations altogether.” Surveying the aftermath of the world wars, the same aftermath that eventually led to the Universal Declaration of Human Rights, Arendt found that a person had to be emplaced—the subject of a political space—in the state-oriented order of geopolitics to be cognizable as a subject of human rights. The stateless, being displaced, were excluded from such a regime of rights and from the global political community. Bare humanity, Arendt argued, was an insufficiently binding political identity. As she wrote in her arresting language, “The world found nothing sacred in the abstract nakedness of being human.”