This Article Has No Footnotes[Fn1]: An Essay on RFRA[Fn2] and the Limits of Logic in the Law
31 Pages Posted: 22 Jun 2008
This essay seeks to illuminate some of the limits of formal logic in a legal system through exploring some of the logic problems in the Religious Freedom Restoration Act (RFRA). Religious freedom is perhaps uniquely apt for examining the limits of logic in the law for two reasons. First, religious beliefs are based on faith and non logical or extra logical precepts (though internal logical consistency is often sought once the premises are adopted). Second, developing a coherent, consistent, logical jurisprudence of religious freedom has proven to be particularly intractable.
Keywords: RFRA, strict scrutiny, standard of review, freedom of religion, free exercise, constitutional law, law, rhetoric, logic, syllogism
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