James Luther Adams was famous for his pioneering work in religion and public life, religion and society. His interests embraced economics, public policy, contemporary culture, civil liberties, and church law. His wide-ranging mind at times compellingly focused on issues in civil law as well. I say “compellingly” advisedly, for Adams was essentially a Protestant theologian who had a central concern with the work and influence of Luther, so it was natural and inevitable that his interest would flow from theology of law to the wider subject of law and religion.

Adams' study of an issue was often characterized by certain intellectual qualities. He tried to include almost all aspects of the question; he was not satisfied, as courts at times are, with seeing only a single set of facts and answering a question that is limited only to the facts before him. He could see other sets of facts, and asked, what about them? This approach naturally forced him to look for an organizing principle, an all-embracing concept or set of concepts. First, then, he tried to be comprehensive in his examination; and secondly, he tried to be principled in his analysis and thinking.

The Mormon cases present a fascinating study of diversity and conformity in the United States in the nineteenth century. From their beginning the Mormons were a gathered people. Almost immediately, from their origins in New York, the Mormons challenged the legal systems in the nation and the states where they resided to protect or at least tolerate their idiosyncracies. Mormon belief and practice came to include communal economics, theocratic government, and most challenging and offensive of all to the larger national community, a radically different marital and social practice—polygamous marriage.

Mormon history began in New York and continued briefly in Ohio where Mormons first gathered. Mormons experienced their most savage suppression in Missouri, where the Governor, Lilburn Boggs, finally issued an extermination order and the “Mormon war” finally saw Mormons driven into Illinois to seek refuge and a new community. After the community initially welcomed Mormon refugees, the abrasiveness of a people who were so incapable of assimilation into the existing society led to conflict again, culminating in the murder of Joseph Smith, the founder of Mormonism, and his brother Hyrum. The Mormon exodus to the Great Basin of the American West followed, under the direction of Brigham Young, one of this nation's leading colonizers. But the story of free exercise of religion among the Mormons in nineteenth century America had just begun.

On October 23-25, 2009, the Journal of Law and Religion celebrated its twenty-fifth year of publication devoted to “Speaking about Law and Religion” with a Symposium that brought a diverse group of scholars. A highlight of that Symposium was a celebratory luncheon held on October 24 that featured a conversation about law and religion between Douglas Sturm, Professor Emeritus, Becknell University, and Milner Ball, Professor Emeritus, University of Georgia School of Law. These two scholars, one a theologian who takes law seriously in his work, and one a lawyer who takes theology seriously in his work, have inspired many to enter the conversation about the intersection of law and religion to which each of them have made so many contributions over the years.

Among Milner Ball's many contributions is the inspiration he provides to many who, like him, seek to explore a new vision of law as an enterprise that can nurture the life of all in the world we share, and the courage he displays by drawing on theology for this task. He demonstrated this many years ago by posing a provocative question to a critic of his work who said, “she did not want or expect theology” in reading a draft of his book Lying Down Together: Law, Metaphor, and Theology. Milner's response was “if not theology, then what?” Since then he has continued to offer his own contributions that take this question seriously at the very heart of his work. Two notable examples, The Word and the Law (University of Chicago Press 1993), and Called by Stories: Biblical Sagas and their Challenge for Law (Duke University Press 2000).

Across medieval Western Europe, those who committed serious wrongs, such as homicide, arson, treason, and rape were subject to a wide range of capital punishments that were seemingly brutal, frequently bloody, and at times spectacular. Grisly images of an executioner dismembering a condemned's limbs from his torso, smashing his chest cavity, gouging his eyes, or piercing his body with hot pokers are the common stuff of scaffold art in the high Middle Ages. Such images attest to the critical role of pain in medieval capital punishment. Whereas in our day all attempts are made to render penal death painless, in the high and late Middle Ages, the tie between pain and death is not only tolerated but, at times, purposefully exacerbated.