Jurisprudence
5 entries
Case Summary: Wisconsin v Yoder (1972)
406 U.S. 205 (1972)
Six justices held that Wisconsin's compulsory attendance law violated the Free Exercise Clause as applied to Old Order Amish families. The state could not show a compelling interest sufficient to override the sincere religious burden. Justice Douglas partially dissented, arguing the children's own wishes should have been separately assessed.
Case Summary: Masterpiece Cakeshop v. Colorado Civil Rights Commission
584 U.S. 617 (2018)
Baker Jack Phillips refused to make a custom wedding cake for a same-sex couple on religious grounds, and the Colorado Civil Rights Commission found he had violated the state public-accommodations law. The Supreme Court reversed 7-2 (Kennedy J.), but narrowly: it held the Commission had shown unconstitutional hostility to Phillips's faith — a commissioner had likened his beliefs to defenses of slavery and the Holocaust, and the Commission had treated other bakers more leniently. The Court did not decide whether a business has a free-speech or free-exercise right to refuse such services; that question was later answered (for expressive products) in 303 Creative v. Elenis (2023).
Case Summary: Reynolds v. United States
98 U.S. 145 (1879)
Unanimous US Supreme Court (6 Jan 1879, 98 U.S. 145): the Morrill Anti-Bigamy Act does not violate the First Amendment. Religious belief cannot be outlawed; religious practice can be regulated when it conflicts with general laws. CJ Waite drew the foundational belief-action distinction. Reynolds was a deliberate test case organised by Mormon leadership. The doctrine later influenced Sherbert (1963) and Employment Division v Smith (1990).
Sources of Law in Jurisprudence: Primary, Secondary & Tertiary
The sources of law are where legal rules come from. This guide explains the primary, secondary and tertiary sources of law in jurisprudence, how courts apply them, and Indian landmark examples.
What is Jurisprudence? An Introduction to Legal Theory
Jurisprudence is the theory and philosophy of law — the study of what law is, where it comes from and what it ought to be. This introduction covers the meaning of law, the major branches of jurisprudence and the main schools of thought.