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This book explores for the first time the broad range of ways in which Christian thought intersects with American legal theory. Eminent legal scholars-including Stephen Carter, Thomas Shaffer, Elizabeth Mensch, Gerard Bradley, and Marci Hamilton-describe how various Christian traditions, including the Catholic, Calvinist, Anabaptist, and Lutheran traditions, understand law and justice, society and the state, and human nature and human striving. The book reveals not only the diversity among Christian legal thinkers but also the richness of the Christian tradition as a source for intellectual and ethical approaches to legal inquiry. The contributors bring various perspectives to the subject. Some engage the prominent schools of legal thought: liberalism, legal realism, critical legal studies, feminism, critical race theory, and law and economics. Others address substantive areas, including environmental, criminal, contract, torts, and family law, as well as professional responsibility. Together the essays introduce a new school of legal thought that will make a signal contribution to contemporary discussions of law.
Christianity and law. --- Law and Christianity --- Law --- Law (Theology) --- Christianity and law --- 241.3 --- 241.3 Theologische ethiek: recht en wet --- Theologische ethiek: recht en wet
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Harold Berman's masterwork narrates the interaction of evolution and revolution in the development of Western law. This new volume explores two successive transformations of the Western legal tradition under the impact of the sixteenth-century German Reformation and the seventeenth-century English Revolution, with particular emphasis on Lutheran and Calvinist influences. Berman examines the far-reaching consequences of these apocalyptic political and social upheavals on the systems of legal philosophy, legal science, criminal law, civil and economic law, and social law in Germany and England and throughout Europe as a whole. Berman challenges both conventional approaches to legal history, which have neglected the religious foundations of Western legal systems, and standard social theory, which has paid insufficient attention to the communitarian dimensions of early modern economic law, including corporation law and social welfare. Clearly written and cogently argued, this long-awaited, magisterial work is a major contribution to an understanding of the relationship of law to Western belief systems.
Law --- Reformation. --- Protestant Reformation --- Reformation --- Church history --- Counter-Reformation --- Protestantism --- Legal history --- History. --- History --- History and criticism --- Law - Europe - History --- Reformation - Influence --- Christianity and law - History --- Christianity and law --- Influence.
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Law and gospel. --- Law (Theology) --- Gospel and law --- Grace (Theology) --- Providence and government of God --- Christianity and law --- Christianity
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Natural moral law stands at the center of Western ethics and jurisprudence and plays a leading role in interreligious dialogue. Although the greatest source of the classical natural law tradition is Thomas Aquinas' Treatise on Law, the Treatise is notoriously difficult, especially for nonspecialists. J. Budziszewski has made this formidable work luminous. This book - the first classically styled, line-by-line commentary on the Treatise in centuries - reaches out to philosophers, theologians, social scientists, students, and general readers alike. Budziszewski shows how the Treatise facilitates a dialogue between author and reader. Explaining and expanding upon the text in light of modern philosophical developments, he expounds this work of the great thinker not by diminishing his reasoning, but by amplifying it.
Law --- Natural law. --- Christianity and law. --- Law and Christianity --- Law (Theology) --- Law of nature (Law) --- Natural rights --- Nature, Law of (Law) --- Rights, Natural --- Jurisprudence --- Philosophy. --- Thomas,
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Christianity and law. --- Natural law. --- Law --- Jurisprudence --- Law of nature (Law) --- Natural rights --- Nature, Law of (Law) --- Rights, Natural --- Law and Christianity --- Law (Theology) --- Philosophy. --- Thomas,
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Historically, natural law has played a pivotal role in Christian approaches to the law, and a contested role in legal philosophy generally. However, comparative study of natural law across global Christian traditions is largely neglected. This book provides not only the history of natural law ideas across mainstream Christian traditions worldwide, but also an ecumenical comparison of the contemporary natural law positions of different traditions. Its focus is not solely theoretical: it tests the practical utility of natural law by exploring its use in the legal systems of the churches studied. Alongside analysis of the assumptions underlying the concept, it also proposes a jurisprudence of Christian law itself. With chapters written by distinguished lawyers and theologians across the world, this book is designed for those studying and teaching law or theology, those who practice and study ecumenism, and those involved in the practice of church law.
Natural law --- Christianity and law. --- Law and Christianity --- Law --- Law (Theology) --- Law of nature --- Natural rights --- Nature, Law of --- Rights, Natural --- Religious aspects --- Christianity. --- Christianity and law --- 241.3*21 --- 241.3*21 Theologische ethiek: natuurwet:--algemeen --- Theologische ethiek: natuurwet:--algemeen --- Religious aspects&delete& --- Christianity --- Law of nature (Law) --- Nature, Law of (Law) --- Natural law - Religious aspects - Christianity.
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Why, from Reagan to George Bush, have fundamentalists in religion and in law (originalists) exercised such political power and influence in the United States? Why has the Republican Party forged an ideology of judicial appointments (originalism) hostile to abortion and gay rights? Why and how did Barack Obama distinguish himself among Democratic candidates not only by his opposition to the Iraq war but by his opposition to originalism? This book argues that fundamentalism in both religion and law threatens democratic values and draws its appeal from a patriarchal psychology still alive in our personal and political lives and at threat from the constitutional developments since the 1960s. The argument analyzes this psychology (based on traumatic loss in intimate life) and resistance to it (based on the love of equals). Obama's resistance to originalism arises from his developmental history as a democratic, as opposed to patriarchal, man who resists the patriarchal demands on men and women that originalism enforces - in particular, the patriarchal love laws that tell people who and how and how much they may love.
Constitutional law --- Religion and law --- Religious fundamentalism --- Fundamentalism, Religious --- Fundamentalist movements, Religious --- Religion --- Religious aspects --- Christianity. --- Law --- Christianity and law. --- Christian influences. --- Political aspects --- Law and Christianity --- Law (Theology) --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Christianity and law --- Originalism --- General and Others --- Constitutional law - United States. --- Constitutional law - Religious aspects - Christianity. --- Law - United States - Christian influences. --- Christianity and law - United States. --- Religious fundamentalism - Political aspects - United States. --- religious fundamentalism --- fundamentalism in law --- United States --- democratic values --- democratic constitutionalism --- psychology of fundamentalism --- society --- erosion of democracy --- human rights
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In Essen im antiken Judentum und Urchristentum untersucht Christina Eschner die Auseinandersetzungen zum jüdischen Gesetz innerhalb des Urchristentums vor dem Hintergrund vergleichbarer Diskurse im antiken Judentum. Ziel ist es, die urchristliche Praxis des Gesetzes in ihrem größeren Kontext darzustellen und ihr gegebenenfalls einen bestimmten Platz im facettenreichen Bild der zeitgenössischen jüdischen Strömungen zuzuweisen. Dabei finden Schriften aus Qumran, dem griechischsprachigen und dem rabbinischen Judentum Berücksichtigung. Der Fokus liegt auf Vorschriften zu verbotenen Speisen, zur Tischgemeinschaft und zur erlaubten Art und Weise der Nahrungsaufnahme. Auch pagane Traditionen werden einbezogen. Damit ist diese Studie besonders interdisziplinär ausgerichtet. Sie bewegt sich an der Schnittstelle zwischen Themenfeldern der neutestamentlichen Wissenschaft, der Altphilologie, der Alten Geschichte und der Judaistik. Sie kommt zu dem Ergebnis, dass die urchristlichen Diskurse zum Essen nicht auf eine vollständige Abschaffung der entsprechenden jüdischen Gesetzesanordungen zielen. In Essen im antiken Judentum und Urchristentum Christina Eschner examines the Early Christian disputes about the Jewish law against the background of Ancient Jewish discourses on commands of the law, in order to situate the Early Christian practice of the law within its broader context. Jewish sources include the Dead Sea Scrolls, Jewish writings in Greek and early rabbinic texts. This study focusses on rules concerning prohibited food, table fellowship and the permissible way of food intake. Pagan traditions are also considered. Thus, the work has an interdisciplinary orientation, discussing issues at the junction of New Testament studies, Classics, Ancient History and Jewish studies. It concludes that Early Christian food discourses do not aim for the complete abolition of the law.
265.3 <09> --- 392.8 --- 265.3 <09> Eucharistie--Geschiedenis van ... --- Eucharistie--Geschiedenis van ... --- 392.8 Culinaire gewoonten. Eetgewoonten. Drinkgewoonten. Vasten. Tafeletiquette. Maaltijden. Kannibalisme --- Culinaire gewoonten. Eetgewoonten. Drinkgewoonten. Vasten. Tafeletiquette. Maaltijden. Kannibalisme --- Eucharistie--Geschiedenis van . --- Eucharistie--Geschiedenis van --- Law (Theology) --- Christianity and law. --- Law --- Jewish law. --- Biblical law --- Civil law (Jewish law) --- Halacha --- Halakha --- Halakhah --- Hebrew law --- Jews --- Law, Hebrew --- Law, Jewish --- Law, Mosaic --- Law in the Bible --- Mosaic law --- Torah law --- Law, Semitic --- Commandments (Judaism) --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Law and Christianity --- Providence and government of God --- Christianity and law --- Biblical teaching. --- Christianity
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"In a provocative essay, philosopher Jeffrie Murphy asks: 'what would law be like if we organized it around the value of Christian love, and if we thought about and criticized law in terms of that value?'. This book brings together leading scholars from a variety of disciplines to address that question. Scholars have given surprisingly little attention to assessing how the central Christian ethical category of love - agape - might impact the way we understand law. This book aims to fill that gap by investigating the relationship between agape and law in Scripture, theology, and jurisprudence, as well as applying these insights to contemporary debates in criminal law, tort law, elder law, immigration law, corporate law, intellectual property, and international relations. At a time when the discourse between Christian and other world views is more likely to be filled with hate than love, the implications of agape for law are crucial"-- "In a provocative essay, philosopher Jeffrie Murphy asks: "What would law be like if we organized it around the value of Christian love, and if we thought about and criticized law in terms of that value?" This book brings together leading scholars from a variety of disciplines to address that question. Scholars have given surprisingly little attention to assessing how the central Christian ethical category of love - agape - might impact the way we understand law. This book aims to fill that gap by investigating the relationship between agape and law in Scripture, theology, and jurisprudence, as well as applying these insights to contemporary debates in criminal law, tort law, elder law, immigration law, corporate law, intellectual property, and international relations. At a time when the discourse between Christian and other world views is more likely to be filled with hate than love, the implications of agape for law are crucial"--
241.65 --- 241.65 Theologische ethiek: rechtvaardigheid--(zie ook {330.86}) --- Theologische ethiek: rechtvaardigheid--(zie ook {330.86}) --- Christianity and law. --- Law --- Agape. --- Christian ethics. --- Love --- Philosophy. --- Moral and ethical aspects. --- Religious aspects --- Christianity. --- Philosophy --- Law - Philosophy --- Law - Moral and ethical aspects. --- Love - Religious aspects - Christianity. --- Law and Christianity --- Law (Theology) --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation
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Leo Strauss's Philosophy and Law contains a groundbreaking study of the political philosophy of Maimonides and his Islamic predecessors, and it offers an argument on behalf of that philosophy which is also a profound critique of modern philosophy. Here is an entirely new and complete English translation of Strauss's work, which takes as its ideal the exacting standards of accuracy that Strauss himself emphasized in his own work. It includes a prefatory essay introducing the argument of each of the four sections of Philosophy and Law.This is a fresh and challenging treatment of the perennial conflict between reason and revelation, or philosophy and religion. Strauss's key contention in this book is that the most influential modern approaches to this conflict have run aground in ways that reflect their loss of key insights developed by the medieval philosophers of Islam and their Jewish pupils, especially Maimonides. Strauss challenges the modern view that scientific enlightenment must ultimately amount to atheism, and that therefore there can be no such thing as enlightened religion. Through a careful, original, and detailed treatment of central works of the medieval Islamic-Jewish tradition, especially Maimonides' Guide of the Perplexed, Strauss aims to recover their key insights into this question.
Jewish philosophy --- Law (Theology) --- Providence and government of God --- Christianity and law --- Jews --- Philosophy, Jewish --- Philosophy, Israeli --- Christianity --- Philosophy --- Maimonides, Moses, --- MAIMONIDES, MOSES, 1135-1204 --- JEWISH PHILOSOPHY --- LAW (THEOLOGY) --- BIOGRAPHY & AUTOBIOGRAPHY --- PHILOSOPHY --- RELIGION --- Maimonides, Moses, 1135-1204 --- Jewish Philosophy --- Biography & Autobiography --- Religion --- Maimonides, moses, 1135-1204 --- Law (theology) --- Biography & autobiography
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