Issue Is law a "secular religion in the United States?" Starter "For the development of the law into a secular religion and of the United States into a law-permeated country, the common law—broadly conceived as a particular understanding of law, and a way of arguing legally, held by judges and citizens alike, that operates as much in constitutional cases as in areas like torts and contracts—has provided an ideal instrument. Focusing on concrete cases, emphasizing the practical wisdom of judges, understanding law to have a moral dimension, and perceiving law to spread upward from the bottom and not merely downward from the top, the common law has provided a vocabulary that recognizes people's hopes for rights and justice and a forum in which a common discussion may be conducted within a multicultural society. The semireligious overtones of much current law-talk , the attempt made by many to find in the law, as formerly in religion, explanations and answers to the "big" questions in life, are made possible by the common law's origin in and continued reliance on natural law. The kind of redemption sought and found in the common law is an individualistically centered one, one that talks less about responsibilities than about rights—and one that firmly bases American notions of community upon individual pursuits of happiness." Excerpted from Legally Speaking: Contemporary American Culture and the Law, by Helle Porsdam (1999) Permission to use text and photo courtesy of Helle Porsdam. Focus Questions What do you think of the assertion that the United States is a "law-permeated country"? Do you agree with this statement? Do you agree with the claim that Americans talk more about rights than responsibilities? Do you agree that "American notions of community [are firmly based on] individual pursuits of happiness"? Do you think these claims help answer the question, "What is an American?" Do you think these claims represent what American values should be? What do you think Porsdam means by referring to law in the United States as a "secular religion"? Do you agree with her view? Suggested Resources Legally Speaking by Helle Porsdam Biography of Helle Porsdam More resources for this topic Starters for this topic: 1  2  3  4  5  6  7  All (.pdf) Note: The views expressed here have not been approved by the House of Delegates or the Board of Governors of the American Bar Association, and accordingly, should not be construed as representing the policy of the American Bar Association, nor do they represent the official position or policies of the ABA Standing Committee on Public Education.