'The Living Oracles': Legal Interpretation and Mormon Thought

Dialogue: A Journal of Mormon Thought, Vol. 42, No. 2, 2009

William & Mary Law School Research Paper No. No. 09-23

20 Pages Posted: 1 Dec 2009  

Nathan B. Oman

William & Mary Law School

Date Written: December 1, 2009

Abstract

Legal scholars have recently turned their attention to “religious legal theory,” asking what various religious traditions have to say about law and legal practices. While some traditions - such as Islam or Judaism - have well-developed legal traditions, understanding what less juristic faiths have to say about law is more difficult. This article seeks to contribute to this discussion by asking how Mormonism might be used to think about legal questions. Lacking a formal theological or juristic tradition, the article argues that one may nevertheless turn to Mormon practices for insights. Using the adjudication of civil disputes in nineteenth-century church courts as an example, this article develops Mormon theories of property and contract.

Keywords: Legal theory, law and religion, jurisprudence, property, contract, private law, church courts, Mormonism, markets

Suggested Citation

Oman, Nathan B., 'The Living Oracles': Legal Interpretation and Mormon Thought (December 1, 2009). Dialogue: A Journal of Mormon Thought, Vol. 42, No. 2, 2009; William & Mary Law School Research Paper No. No. 09-23. Available at SSRN: https://ssrn.com/abstract=1516550

Nathan B. Oman (Contact Author)

William & Mary Law School ( email )

South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States

HOME PAGE: http://nboman.people.wm.edu

Paper statistics

Downloads
114
Rank
197,562
Abstract Views
1,108