In what way is Locke and Blackstone’s legal naturalism dependent upon belief in God? In what way is Hobbes’s and Austin’s conception of legal positivism dependent upon dismissing the existence of God? Which of these general approaches to jurisprudence works best with our American commitment to freedom of religion and why?
The devotee to a normally settled common law must, then, confront the antagonistic vibe ofboth camps: the one gathering detecting in this position an enmity toward religion; and theother…
