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Blog Archives
Envy and Regret
Lots of people believe lots of different things. There are many different religions. How do we cope with this issue? Be the first to like. Like Unlike Read more »
Where is the Mormon Jurisprudence?
People regularly make the observation that Mormons are more concerned with orthopraxis than orthodoxy. In other words, Mormons are more concerned with right behavior than with right belief. The evidence in support of this claim seems fairly overwhelming in my mind. The fact of the matter is that we allow a huge diversity of beliefs on fairly fundamental questions (the nature of God and the nature of man for example), even though we frequently paper over the pluralism with equivicol and vague language. One the other hand, we worry a great deal about proper behavior: The Law of Chastity,... Read more »
Excommunicating the President of the Church (and some possible complications)
Suppose that Gordon B. Hinckley really started misbehaving, sinning left and right, and generally leading the church astray. Some might find this unlikely on theological grounds, after all President Woodruff said: The Lord will never permit me or any other man who stands as President of this Church to lead you astray. It is not in the programme. It is not in the mind of God. If I were to attempt that, the Lord would remove me out of my place, and so He will any other man who attempts to lead the children of men astray from the... Read more »
Ambivalence v. Delight
In her fascinating post on ambivalence, Melissa suggests that ambivalence may be an endangered theological virtue among Mormons. “Endangered” because we tend to valorize those without religious ambivalence and lack examples of healthy and productive ambivalence. “A virtue” because Melissa suggests that it is theologically productive. By this, I take it that she means that ambivalence leads to questioning, analysis, synthesis, and revelation. I am doubtful. Be the first to like. Like Unlike Read more »
Mormon Orientalism
Some time ago, Richard Bushman wrote an essay entitled “The Colonization of the Mormon Mind.” In it he argued that Mormons who have looked at the Mormon past have largely adopted the attitudes of those who colonized and ultimately dominated 19th century Mormondom. Hence, we tend to view things like “theo-democracy” and plural marriage as embarrassments and see nuclear, vaguely Victorian looking families as good, mirroring the attitudes of the federal officials who crushed Mormon peculiarity in the 19th century. The hip and lit crit amongst us will recognize the influence of Edward Said in Bushman’s argument. In his... Read more »
A Mormon Image: Joseph in the New York Review of Books
For those ever-so-hip, black-turtleneck wearing New Yorkers in our midst, I felt that I would do what I could to relieve any anxiety that you might have about the potential un-hippness of Mormonism. Hence this image of Joseph Smith, which appeared in no less an oracle of Manhattan sophistication than The New York Review of Books. I have to confess that I am a bit mystified as to the significance of the shovel. A reference to money digging perhaps? Digging up the Gold Plates? Who knows. Interestingly, Joseph did visit New York City once in his life. It has... Read more »
Church PR and the CIA
As many people are aware, the Church currently employees a New York based PR firm. The topic has come up from time to time in press accounts about the Church, and journalists have labored mightily to make this into an interesting fact. I am doubtful. However, there are some interesting Church PR stories, including the one about how CIA agents distributed Church materials in Europe during the Cold War. Be the first to like. Like Unlike Read more »
The Criminal Law of Deseret
On January 16, 1851, the legislature of the State of Deseret passed a 34-section law entitled “Criminal Laws of the State of Deseret.” It actually makes for interesting reading. In 1851, the Mormons had been in Utah for only four years. The Territory of Utah had been formed in 1850, but federal authority in Utah was weak to completely non-existent. It would be another six years before any serious outside authority in the form of Johnston’s Army arrived. In other words, Mormon theocracy was firmly in the saddle, the real legal authority was clearly the State of Deseret and... Read more »
Gordon in China
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Mormonism, Liberalism, and Social Epistemology
In the most recent issue of Philosophy & Public Affairs, Allen Buchanan, a philosopher at Duke, has a very interesting article entitled “Liberalism and Social Epistemology.” He starts his argument with the observation that our knowledge of the world is inescapably dependent on social institutions. It is social institutions that allow for specialization, which in turn carried great advantages in terms of knowing the world. These advantages, however, come at a price. We must cede a certain amount of epistemic independence to authorities. This, he argues, creates great dangers. Certain authorities can be badly – horribly – wrong. He... Read more »
Fruity Con Law at Meridian
The ever exciting Meridian Magazine has been running a series of articles that purport to be “Constitutional Primers,” explaining to Mormons the way that the constitution functions. The most recent one argues that what is known as “selective incorporation” under the 14th amendment is a mistake. This doesn’t sound all that interesting or exciting, but it actually is. I promise. Be the first to like. Like Unlike Read more »
Adam-God in the Hymnal
I made an exciting discovery some time ago. It seems that Adam-God lives on in the pages of the current LDS hymnal. I write, of course, of that well-loved favorite, “Sons of Michael He Approaches,” hymn 51. 1 person likes this post. Like Unlike Read more »
A New Blog
Check out Political Juice a new left-leaning political blog by a Mormon. The author has promised a series of posts on Mormonism and Politics. His first one is on the death penalty. There is no stunning theological or political insights here, but he does have a nice collection of quotes from Brigham Young and Joseph Smith on the topic as well as a discussion of everyone’s favorite doctrine…blood atonement! Be the first to like. Like Unlike Read more »
The End and the Beginning
We are sad to announce the end of Ben Huff’s stint amongst us as a guest blogger. Thanks for the laughter and the tears, Ben. We will never forget you. (Especially if you continue to comment here, as we hope you will). Our sorrow at Ben’s passing, however, is mitigated by the fact that we are happy to announce our newest guest blogger, Christopher Bradford, who is also known by the codename “Grasshopper,” a hold over from his days in the KGB. Brother Bradford runs his own blog, Let Us Reason and has been an active participant in various... Read more »
A Mormon Theogony
Theogony is not a topic that comes up a great deal in discussions of Mormon theology. We tend to take the eternity of God for granted and as often as not end up affirming the eternity of man as well. The closest we generally get to discussion of the birth of the gods is when we ask the peculiarly Mormon question of how God progressed to become God. Orson Pratt, however, did get down to more fundamental questions of origins. Be the first to like. Like Unlike Read more »
Godspeed
Lyle Stamps, law student and frequent T&S commenter, has been called up to serve in Iraq as a sergeant in the 250th Signal Battalion, Company A, Cherry Hill, New Jersey Army National Guard. His unit has not yet shipped out, but presumeably will be doing so in the near future. Best wishes Lyle. We will keep you in our prayers. Make sure that you drop us an email or post a comment when if you get access to the internet. Be the first to like. Like Unlike Read more »
Some More Thoughts on Oaths
As I have a tendency to do, I have been reading law today. In particular, I came across a case dealing with the old rule against party testimony. Originally at common law, a party to a lawsuit could not testify in the suit. There were two justifications for the rule. The first was that the parties to a suit had an incentive to lie in their own interested and therefore their testimony was unreliable. The second justification was that testimony was given under oath, which gave it grave theological significance. Perjury was more than a crime. By virtue of... Read more »
Mormon Nominated to D.C. Circuit
For those who follow such things, President Bush has just nominated Tom Griffith, current general counsel for BYU, to the United States Court of Appeals for the District of Columbia. For the non-law geeks of the universe, the D.C. Court of Appeals is an intermediate level appellate court (just below the Supreme Court) and after the Supreme Court it is widely regarded as the most important court in the United States, frequently serving as a training ground for Supreme Court justices. (Three of the nine current justices — Scalia, Thomas, Ginsburg — previously served on the D.C. Court of... Read more »
Mormons Complain About Prayer Day
As I am sure that we are all aware (or something), today is “A National Day of Prayer,” which has been an official national holiday since Harry Truman lead the pilgrim fathers to our sacred shores (in other words, the early 1950s). This year, The Washington Post breathlessly informs us, President Bush will be attending a ceremony run by “evangelical Christian leaders” (play sinister music here.) The most interesting part of the article, however, comes near the bottom, where The Post interviews those who feel left out of the protestant love fest at the White House. It says: In... Read more »
The Epistemological Tensions of Mormonism
Now how is that for a pretentious blog-post title? What the am I talking about? In a nutshell, I am talking about the way in which Mormonism deals with how we gain knowledge and how that ability is socially situated. Here is my basic idea: Mormonism has a radically decentralized and democratic epistemology which is balanced by a highly centralized institutional structure. Be the first to like. Like Unlike Read more »
This Must Be Good…
I just found a new blog entitled www.ilovethehonorcode.com (that is “I Love the Honor Code Dot Com”), by an aspiring stand-up comedian in Utah Valley. With a name like that, how can you not love it? (Link via Brayden King) Be the first to like. Like Unlike Read more »
Moutain Meadows in the Supreme Court
De Toqueville once remarked on the strange habit that Americans had of eventually turning every great question of politics and policy into a lawsuit, and presenting the issue to the courts for resolution. As it turns out, the Mountain Meadows Massacre also eventually found its way into a lawsuit and in the fullness of time reached the Supreme Court of the United States. Be the first to like. Like Unlike Read more »
A Contract Theodicy
A theodicy is a justification of the ways of God to man. Most frequently, the term is used in discussions of the problem of evil. Succinctly stated this problem goes like this: 1. God is all powerful 2. God is Good 3. Evil things happen 4. God can and should prevent these evil things (from 1 & 2) I don’t want to get into all of the intricacies of this debate. Generally speaking, Mormons “solve” the problem by in effect denying (1), claiming that there are metaphysical as opposed to merely logical limitations on God’s power. It strikes me,... Read more »
It’s Official: U. Goes Mormon
The Board of Regents of the University of Utah have selected Mormon law professor and dean Michael Young as the new President of the University. The Deseret News has a story here. (Link thanks to Jared Jensen.) The story says: He said he is a “committed, active member of the LDS Church” and doesn’t see that as a conflict in his new role. “It’s an important part of who I am and why I do what I do,” he said. “At the same time I have spent my entire academic career outside of Utah. It has never been a... Read more »
The Church as a Corporation: Part III
Here are a few more odds and ends about the Church as a corporation that I was able to find out. First, I wanted to correct two mistakes in my earlier posts. I recently found out that after Joseph Smith was murdered, it was not Brigham Young and the Twelve who succeeded to the office of trustee-in-trust. Rather, Bishop Newel K. Whitney was appointed, which means that he was the legal agent in charge of Church property during the City of Joseph period. Second, upon rereading the corporate charter granted to the Church by the State of Deseret, I... Read more »
Will the U. Go Mormon?
The University of Utah is currently in the midst of a search for a new president. They have narrowed it down to two potential candiates and one of them is . . . Michael Young. Young is a graduate of Harvard Law School, a former law professor at Columbia, and current dean at George Washington University Law School. He is also a BYU graduate, an active Mormon and a former stake president. Since BYU now has a former Ute as its president, will the U. return the favor by hiring a former cougar? Would both presidents be allowed to... Read more »
Progress…
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Theo-democracy and the Redemption of Politics
I am finding it difficult to get very excited about politics this election year. Given that we are faced with momentus issues of war and peace this is a bit odd. This seems like a time when politics really matters. Part of the problem is that I am considerably less than enthusiastic about either candidate. However, I find that I am increasingly less interested and passionate about politics. In college I played at being a political activist. I worked on campaigns, did voter registration drives, etc. (In retrospect I admit that my political involvement was largely about meeting girls.)... Read more »
A New Blog
I just came across a new site, The BYU Law Blog by a recent graduate from J. Reuben Clark Law School. The site is worth checking for the picture of conference protesters surrounded by counter-protesters. My favorite is the guy holding the sign reading “There is no Dana, only Zuul!” Ghostbusters, of course, is one of the great neo-liberal movies of all time! Entrepreneurs save the world, which is nearly destroyed by an officious and ignorant EPA regulator. Classic! Be the first to like. Like Unlike Read more »



