Monday, October 19, 2009

out of school too long

Thus religious centralism turns out to be the homology of the legal centralism of positivists.
I keep reading and re-reading this line from the law review article I've been (not very successfully) reading all day.

Even though I think I know what the author is getting at, it's just not clicking into place. And I think the problem is me and not him . . .

3 comments:

Lael said...

So now I'm curious and wondering what this means. What article was this?

Emily said...

It's the one you sent me the link to about super-diversity. It's a good read, although maybe not as clearly written as I would like. He begins by taking issue with legal positivists, and I think that what he's saying here is that people who think that religion is a foundation of law are displaying the same erroneous thinking as the positivists. It does raise a ton of questions about the inevitable friction between legal pluralism/super-diversity and the American constitutional system. Probably at least a doctoral thesis worth, I think. ;)

Lael said...

Sounds really interesting. I'll have to take a look at it sometime myself. I'm intrigued by that connection between legal positivism and religious foundations of law. (It's unfortunate that law review articles are often not as clearly written as I'd like, too, but it seems to be a trend!)