In American jurisprudence, private conversations between the clergy and their congregants have generally been considered off limits to the court.
And given the importance and diversity of religious practice among Indians and Americans, both countries have a huge body of jurisprudence that traces the boundaries between religion and the law of the land.But there is one absolutely crucial difference.
Metaphysically, and as a matter of making our way in the world, we live between lofty ideals, on the one hand, and an infinitely receding horizon of jurisprudence, on the other - between "soaring mountains" and a "great abyss," to borrow figurative language from the 36th Psalm.
The well-known SCOTUSblog wrote, "some of the parallels (between Scalia's jurisprudence and Gorsuch's) can be downright eerie".
Hale's jurisprudence struck a middle-ground between Edward Coke's "appeal to reason" and John Selden's "appeal to contract", while refuting elements of Thomas Hobbes's theory of natural law.
And when he gave the Constitution a meaning taken from recent politics, such as the echoes between his Second Amendment jurisprudence and the National Rifle Association's propaganda, his method concealed it.
"The Reactionary Mind" contains a trenchant (and sometimes unfair) essay on the late Supreme Court Justice Antonin Scalia that shows the close link between Scalia's originalist jurisprudence and the warlike, reactionary pathos that fuels conservatism deep down.
Thus, Visum et Repertum also serves as a liaison between medical science and jurisprudence.
