The Rule of Law faces critical challenges both at home and abroad. At home, legal indeterminacy and the ontological gap between legal theory and practice defy resolution by contemporary normative theories of law. Legal indeterminacy raises the specter that judicial decisions in hard cases are...

The central question addressed by this article is: What, if any, is the role of religious beliefs in judicial decision making? To begin answering this question, I will provide a broad overview of a more complete argument supporting the thesis that judicial deliberation necessarily relies on a...

Juuml;rgen Habermas's discourse theory of law poignantly sets forth the modern legitimation crisis of law. Relying on Max Weber's social theory and sociology of law, he argues that the rationalization of society has eliminated religious and metaphysical justifications for law and has...