Living Oracles: Law and the Latter-Day Saint Tradition

No American religion has had a more contentious and complex relationship with the law than Mormonism (the Church of Jesus Christ of Latter-day Saints). Living Oracles delves into the conflicts between Latter-day Saints and the legal system, their efforts to establish their own legal institutions, and how this new religious tradition has developed its unique approach to the law. Along the way it tells the story of Mormonism’s place in the law of church and state, the legal battles over polygamy, and the rise and fall of the Mormon court system.

Living Oracles maps out the structure of Mormon legal thought and provides an in-depth analysis of the concept of divine law in Latter-day Saint theology, the place of natural law in Latter-day Saint thought, the concept of legal obligation, and concepts of freedom and equality in the Latter-day Saint tradition, including Mormons’ fraught relationship with race. Through sophisticated engagement with Mormon history and theology, Nathan B. Oman examines how the LDS Church navigated America’s often-hostile legal regime and examines the history of Mormon approaches to specific areas of law, including property and contract, polygamy, divorce, and same sex-marriage. This work also traces the appearance of the U.S. Constitution in Mormon scripture and how the notion of a ＂divinely inspired constitution＂ has been utilized by Latter-day Saints throughout their history.

Nathan B. Oman is the Rita Anne Rollins Professor at William & Mary Law School. He writes widely on law and religion with a special emphasis on Mormonism. Prior to entering academia, he practiced law in Washington, DC, worked as a staffer in the United States Senate, and clerked on the United States Court of Appeals for the Eighth Circuit.