The Monument and the Message: Pragmatism and Principle in Establishment Clause Ten Commandments Litigation

25 Pages Posted: 29 Oct 2009

Date Written: October 28, 2009

Abstract

This article examines the standard approach taken by litigators defending public Decalogue displays and suggests that there is a theological problem raised by this approach. It is argued that the common approach taken by those who defend public Ten Commandments displays itself can devalue the Commandments and the principles that they embody. After identifying and exploring the problem, this article concludes by suggesting alternate legal approaches for the theologically self-conscious practitioner.

Keywords: Establishment Clause, Ten Commandments displays, theology, Van Orden, McCreary

Suggested Citation

Weinberger, Lael Daniel, The Monument and the Message: Pragmatism and Principle in Establishment Clause Ten Commandments Litigation (October 28, 2009). Texas Wesleyan Law Review, Vol. 14, No. 2, p. 393, 2008. Available at SSRN: https://ssrn.com/abstract=1495903

Lael Daniel Weinberger (Contact Author)

Harvard Law School ( email )

Cambridge, MA 02138
United States

HOME PAGE: http://history.uchicago.edu/directory/lael-weinberger

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