The relationship between law and religion has become the subject of a sustained and robust debate. However, unlike earlier theological attempts to ground law in religion or the Divine, participants in the modem debate rarely, if ever, argue for a theological or religious legitimation of law. Either implicitly or explicitly, there appears to be a modem consensus among legal scholars and philosophers that the world has been disenchanted. The world can no longer be viewed as an integrated, meaningful whole under a comprehensive religious or metaphysical worldview, and law can no longer be legitimized by its religious or metaphysical foundations. Jurgen Habermas's discourse theory of law attempts to provide a justification for law that explicitly adopts the modem consensus that law must be legitimized independently of a religious or metaphysical worldview.
26 Cap. U. L. Rev. 461 (1997).