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The Second DisestablishmentChurch and State in Nineteenth-Century America$
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Steven Green

Print publication date: 2010

Print ISBN-13: 9780195399677

Published to Oxford Scholarship Online: May 2010

DOI: 10.1093/acprof:oso/9780195399677.001.0001

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Legal Christianity Refuted

Legal Christianity Refuted

Chapter:
(p.205) 7 Legal Christianity Refuted
Source:
The Second Disestablishment
Author(s):

Steven K. Green (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195399677.003.0007

This chapter traces the decline of the maxim of Christianity’s incorporation into the law. It discusses the transformation in attitudes during the antebellum era through the impact of movements toward codification and making the law “scientific.” These developments influenced jurists’ attitudes about the law’s immutability and its relation to Christian principles. The chapter traces the gradual rejection of the maxim by judges in legal areas such as profane swearing, oaths, probate law, church property disputes, and Sunday law enforcement.

Keywords:   legal reform, codification, scientific law, Christian nation, swearing, oaths, probate, church property, Sunday laws

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