Cathleen Kaveny Books

Religious traditions in the United States have been characterized by an ongoing tension between assimilation to the broader culture, typically reflected by mainline Protestant churches, and defiant rejection of cultural incursions, as witnessed by more sectarian movements such as Mormonism and Hassidism. But legal theorist and theologian Cathleen Kaveny contends that religious traditions do not need to swim in either the Current of Openness or the Current of Identity. There is a third possibility, which she calls the Current of Engagement, which accommodates and respects tradition but which recognizes the need to interact with culture to remain relevant and to offer a prophetic critique of social and political and legal and economic practice. In fifty-six brief articles Kaveny illustrates the implications of the Current of Engagement in American public life. The articles are organized into five chapters or sections: Law as Teacher; Religious Liberty and its Limits; Conversations about Culture; Conversations about Belief; and Cases and Controversies. Kaveny provides astonishing insights into a range of hot-button issues: abortion, assisted suicide, government-sponsored torture, contraception, the Ashley Treatment, capital punishment, and the role of religious faith in a pluralistic society.

American culture warriors have plenty to argue about, but battles over such issues as abortion and torture have as much to do with rhetorical style as moral substance. Cathleen Kaveny reframes the debate about religion in the public square by focusing on a powerful stream of religious discourse in American political speech: the Biblical rhetoric of prophetic indictment. “Important and path-breaking. The place of religious discourse in the American public square has received much attention for many years, but the role of prophetic indictment has been largely overlooked. Kaveny’s book not only opens a ‘new front’ in these debates, but starts the conversation with a rich analysis of the history and function of prophetic discourse.” —Kathleen A. Brady, Commonweal “A monumental achievement, and a much-needed addition to the academic and societal conversation about the role of religion in public life. In precise prose and with careful analysis, Kaveny challenges some of the leading theorists about public discourse and puts forward her own theories, all accompanied by a storyteller’s gift for anecdote and a philosopher’s talent for explication.” —Michael Sean Winters, National Catholic Reporter

In Ethics at the Edges of Law, Cathleen Kaveny argues that religious moralists should treat the law as a valuable conversation partner, rather than a mere instrument for enforcing judgments about morality and public policy. Using cases and concepts from tort law, contract law, and criminal law, Kaveny shows how they can be used to illuminate the work of some of the most important contemporary Christian ethicists.