Law and the Restoration: Law and Latter-day Saint Thought and Scripture

by Nathan B. Oman Now available in paperback, hardcover, and ebook. “Nathan Oman is among the most patient and principled readers of Latter-day Saint scripture, and of the larger Latter-day Saint faith tradition.” — Joseph M. Spencer “Careful, measured, substantial, expert, charitable, long-form thinking.” — Adam S. Miller “Whether readers agree or disagree with Oman’s conclusions, they will find themselves challenged to see these questions anew and perhaps to revise their thinking.” — James E. Faulconer “A thoughtful, careful, often provocative approach to reading and interpreting Latter-day Saint history, thought, practice, and scripture.” — Association for Mormon Letters Companion volume: Law and the Restoration: Law and Latter-day Saint History   Available in ebook for Kindle, Apple, Google Play, and, Kobo. Also available through Amazon. Download a free sample preview. Book Description: Law and the Restoration: Law and Latter-day Saint Thought and Scripture is a comprehensive exploration of the intricate relationship between legal principles and the doctrines of The Church of Jesus Christ of Latter-day Saints. Author Nathan B. Oman delves into the profound ways in which Mormon theology intersects with legal concepts, offering readers a detailed analysis of church doctrines, their authority, and their implications for members' daily lives. In doing so, Oman addresses foundational questions about the nature of church authority, the role of personal judgment, and the dynamic interplay between divine law and secular legal systems. The book is not just an academic treatise but a thoughtful discourse aimed at elucidating how Mormons navigate complex moral and legal landscapes in their quest to reconcile faith with modern societal norms. Each chapter in Law and Latter-day Saint Thought and Scripture serves as a deep dive into specific aspects of Mormon doctrine and its legal ramifications. From the examination of Nephi's actions in the Book of Mormon to the contemporary debates surrounding same-sex marriage and civil disobedience, Oman provides a balanced and respectful analysis that seeks to understand rather than critique. This book is an invaluable resource for scholars, legal practitioners, and anyone interested in the intersection of religion and law, providing a rich narrative that underscores the ongoing dialogue between faith and jurisprudence within the Latter-day Saint tradition. Comprehensive Table of Contents: Show/Hide . Preface Notes 1. “The Living Oracles”: Legal Interpretation and Mormon Thought Notes 2. Jurisprudence and the Problem of Church Doctrine Jurisprudential Solutions to the Problem of Church DoctrineLaw as Integrity and Church DoctrineSome Implications of Church Doctrine as Integrity: Historical InterpretationSome Implications of Church Doctrine as Integrity: Obedience and Personal JudgmentConclusionNotes 3. A Defense of the Authority of Church Doctrine The Nature of AuthorityThe Argument from CovenantThe Argument from Epistemic AdvantageThe Argument from Communal ParticipationThe Limits of AuthorityConclusionNotes 4. Civil Disobedience in Latter-day Saint Thought The Authority of Law in Restoration ScriptureConscientious Objection and Civil DisobedienceThe Latter-day Saint Tradition and Conscientious ObjectionThe Latter-day Saint Tradition and Civil DisobedienceLegal Obedience and Latter-day Saints as a Vulnerable MinorityConclusionNotes 5. Mormonism and Conscience IntroductionConscience in Western ThoughtConscience in Mormon ThoughtConclusionNotes 6. Doux Commerce in the City of God: Trade and the Mormon Ideal of ZionIntroduction Zion in Mormon ThoughtHugh Nibley’s Critique of TradeSome Criticisms of NibleyA Defense of Trade in ZionNotes 7. My Essay on Same-Sex Marriage I.II.III.IV.Notes 8. “A Welding Link of Some Kind”: A Minimalist Theology of Same-Sex Marriage SealingsTwo Theologies of Homosexuality Kingdom, Lineage, and FamilyThe Complexity of Marriage Sealings“A Welding Link of Some Kind”Same-Sex Marriage SealingsNotes 9. “I Will Give Unto You My Law”: Section 42 as a Legal Text and the Paradoxes of Divine Law Notes 10. Nomos, Narrative, and Nephi: Legal Interpretation in the Book of Mormon I. IntroductionII. The Debate Over Rule-Following in the Book of MormonIII. Laman, Lemuel, and Legal PositivismIV. Nephi’s Nomos and the Limits of NarrativeV. ConclusionNotes 11. The Language and Tradition of Our Fathers: Some Book of Mormon Thoughts on Community and Identity The Self as a Bearer of RightsThe Self as a Source of AuthenticityThe Self as a Demander of RecognitionIdentity and the Costs of OikophobiaTraditions of the Fathers and Language of the FathersNotes 12. “Standing Betwixt Them and Justice”: War and Atonement in the Book of Mormon Notes Praise for Law and Latter-day Saint Thought and Scripture: “Nathan Oman is one of the most careful, perspicuous, original, and non-dogmatic thinkers in The Church of Jesus Christ of Latter-day Saints today. In Law and the Restoration Oman allows us to think with him about a wide range of question regarding how to understand law in the Restorationist movement founded by Joseph Smith. Those questions range from the question of property rights, to church doctrine and authority, to the nature of conscience, to the place of commerce in Zion, to same-sex marriage, to how the Book of Mormon illustrates two competing understandings of the nature of law, to the seeming conflict between community and identity, and to how to think about atonement. Whether readers agree or disagree with Oman’s conclusions, they will find themselves challenged to see these questions anew and perhaps to revise their thinking.” — James E. Faulconer, co-editor, Common Ground—Different Opinions: Latter-day Saints and Contemporary Issues “Nathan Oman is among the most patient and principled readers of Latter-day Saint scripture, and of the larger Latter-day Saint faith tradition. He's also a legal thinker without parallel in the world of Mormon studies. Not everyone will agree with all of his conclusions, but every argument he makes deserves serious consideration.” — Joseph M. Spencer, author of The Anatomy of Book of Mormon Theology “Careful, measured, substantial, expert, charitable, long-form thinking—if this description of Oman’s essays strikes you as faint praise, then this book isn’t for you. For my part, I can’t give a stronger endorsement.” — Adam S. Miller, author of Original Grace and Letters to a Young Mormon “A thoughtful, careful, often provocative approach to reading and interpreting Latter-day Saint history, thought, practice, and scripture. . . . I could cite countless observations, interpretations, and other fascinating or provocative tidbits from these books. They are chockful of them, as befits the clear, careful, precise thinking that they demonstrate. I hope that many more disciples, scholars, and disciple-scholars find their way to these two volumes of Nathan B. Oman’s Law and the Restoration.” — Conor Hilton, Association for Mormon Letters About the Author: Nathan B. Oman is the Rita Anne Rollins Professor at William & Mary Law School, located in Williamsburg, Virginia, where he has been a member of the faculty since 2006. Prior to becoming a professor, Oman practiced law in Washington DC, clerked for Judge Morris Shepard Arnold of the U.S. Court of Appeals for the 8th Circuit, and worked as a staffer in the US Senate. He has been a visiting professor at Hebrew University in Jerusalem, Cornell Law School, and the University of Richmond Law School. He is married to Heather Bennett Oman. They have two children and live in James City County, Virginia. More Information: 265 pagesISBN: 978-1-58958-808-0 (paperback); 978-1-58958-811-0 (hardcover)