This paper is a critical and comparative legal historical study, which offers a global vision of the U.S. Legal System, according to the religious factor impact and its complex dimensions (e.g. religious liberty, Church-State relations, welfare state & solidarity). The principal goal is the deconstruction of the fake official History, elaborated after the Second World War (e.g. inferences, impostures, fallacies). At the same time, it shows the social development (and the kind of commitment in each period), and how it happens (...) the consolidation of the system thanks to the regulation. In this way, it is possible to pay attention to the American experimental evolution (not lineal or exceptional –as many U.S.hand-books pretend): from colonial Blue Laws (or Sunday regulation), up to the current regulation on freedom of religion and non-discrimination. Also, this paper offers a systematic set of diverse legal sources (e.g. Executive orders & rules, Legislative statutes, Judicial cases & resolutions). Another goal of this paper is the evaluation of the allegedly paradoxical policies and regulations in this field, during the last two Administrations (Clinton and W. Bush); both of them, from extreme views (linked at the end), they used incorrectly the religious factor, and they confused the institutions. The result seems to be a landed in the Postmodernity (less realistic and more speech based). (shrink)

Commentators believe that the COVID-19 pandemic reveals the inconveniences of capitalism and that the end of “neoliberalism” could be near. In this article we show that a capitalist ethics is capable to deal with the challenges of pandemics and comes with important advantages such as the prevention of overreactions. We apply both utilitarian and rights-based ethics to the case of epidemics in general and COVID-19 in particular. First a libertarian natural law ethics is used to assess the government interventions in (...) the Corona pandemic. We maintain that these interventions cannot be justified from a libertarian point of view despite of the possible objections that are discussed such as the “potential threat argument”. Moreover, the utilitarian argument in favor of government lockdowns is evaluated. The negative effects of lockdown on mental health, addictions, domestic violence, etc. have to be taken into account. The utilitarian argument in favor of lockdown is far from convincing, as economic calculation is not possible. (shrink)

This article explains the History (past reality), the Historiology (the theories and methods to study the past), and the Historiography (the academic literature) about Cross-Cultural Studies in the U.S.A., from traditional and native subjects (i.e. American Studies), until the current version. It pays attention to religion, as a relevant factor in the evolution of U.S. culture and its model of social relations. En este artículo se explica la Historia (la realidad pasada), la Historiología (las teorías y métodos con los que (...) se estudia dicho pasado), y la Historiografía (la literatura académica al respecto) de los estudios interculturales en los EE.UU., desde las primeras disciplinas tradicionales y nativistas (e.g. Estudios Estadounidenses), hasta los actuales estudios interculturales. Se presta especial atención al factor religioso, pues ha sido muy influyente en el devenir de la cultura estadounidense y en sus relaciones sociales. (shrink)

This is a critical-hermeneutical and historical-comparative study on Political Economy, Economic History and Social Thought, applied to the American utopias in the 19th century and its role in the colonisation of the United States (US) west. This review is based on a heterodox economic approach, used in the disciplines of Religion and Economics. It gives a general view of religious and ideological utopias, as cooperative enterprises of intentional life in farms and workshop, making a comparative analysis of efficiency and sustainability. (...) This study attempts to explain the colonial paradox of American utopias because the last established, with more inversion, they were the first to fall. This study shapes the development of the western territories, from the Quaker’s Holy Experiment framework and its support for the utopias experiments in the expansion to Ohio, Indiana and Illinois. Contribution: This review offers a descriptive and explanatory study on the colonisation of the US west, under the hermeneutical turn from heterodox economic approaches, to deal with some current contradictions and anachronism in the mainstream view. Also, there is a systematisation of the American utopias, divided into religious and ideological experiments, with a comparison. (shrink)

This is a Political Economy study on migrants-citizens relations management in the United States of America, with special attention to the religious factor and the pendulum effect. There is a model switch, from integration policies to official persecution, under a high social opportunity cost. Also, there is a split between the State and civil society, causing civil disobedience and sanctuary network across the country. The paper focuses on the development of the Sanctuary Movement, as a case of popular action against (...) to the power elite policies and their sanctions. There was a revival of this movement during the values crisis or 2008 recession, but at the same time there was a critical division into the movement, with higher tension for the migrants. (shrink)