Christian Perspectives On Legal Thought

Author: Michael W. McConnell
Publisher: Yale University Press
ISBN: 0300130066
Size: 40.68 MB
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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.

Christian Legal Thought

Author: Patrick Brennan
Publisher: Foundation Press
ISBN: 9781609302313
Size: 78.55 MB
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This text examines law and legal institutions through the broad lens of Christian thought, both Catholic and Protestant. The book addresses methodological issues in Christian legal scholarship (What makes legal thought "Christian"?); the relevance of Christian theological doctrines-such as creation, the Christian conception of the human person, the kingdom of God, and the natural and divine laws-for reflection on law; the significance of historical context for Christian legal thought; Christian reflection on important jurisprudential issues and concepts, such as equality, justice, rights, and the rule of law; and Christian perspectives on various legal subjects, such as contracts, torts, and property. The point of the book is less to prescribe what a Christian legal theory should entail in the way of outcomes than to use the Christian faith as a lens through which to understand, and reflect critically upon, law and legal institutions.

Christianity And Law

Author: John Witte, Jr.
Publisher: Cambridge University Press
ISBN: 0521874629
Size: 14.95 MB
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An authoritative introduction to some of the main legal teachings of the Western Christian tradition.

Faith And Law

Author: Robert F. Cochran
Publisher: NYU Press
ISBN: 0814716733
Size: 54.20 MB
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What does it mean to be a Jewish woman today? To an Orthodox woman, it means living a religious way of life in which serving God totally defines her self-perception and her role as wife and mother. For the secular woman, it means having a sense of belonging, although not necessarily to a specific Jewish community. Most contemporary Jewish women fall somewhere in between, but at the core of all of their identities is a complex interweaving of religious and ethnic elements, a shared history, and a collective memory of periods of prejudice, persecution, wandering, and resettlement. Focusing on Jewish women in the United States and Britain, Adrienne Baker examines such issues as women's role in religious law, the spectrum of synagogue observance, the mother's role as conveyor of tradition, conversion and inter- faith marriages, and sexuality. In particular, the book examines the impact of feminism on Jewish women and their culture, uncovering the counterinfluences of tradition and new freedoms on women's lives.

Ethics At The Edges Of Law

Author: Cathleen Kaveny
Publisher: Oxford University Press
ISBN: 0190612304
Size: 49.53 MB
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An interdisciplinary conversation between law and Christian thought exists, but has so far been centered in the legal academy. Law scholars have fruitfully critiqued contemporary legal and jurisprudential issues by drawing upon concepts and norms from the field of religious ethics. However, the conversation needs to move in the opposite direction as well-centered in religious studies and theology and reaching out to the legal field. Ethics at the Edges of Law begins this movement by arguing for the discipline of law as a valuable source of moral wisdom and conceptual insight for ethicists. Cathleen Kaveny shows how the work of important contemporary figures in Christian ethics, including John Noonan, Stanley Hauerwas, and Margaret Farley, can be enriched and illuminated by engagement with particular aspects of the American legal tradition. The book is divided into three parts: Part I, "Narratives and Norms," examines how the legal tradition can shed light on the development of religious and moral traditions. Part II, "Love, Justice, and Law," uses particular legal cases to advance questions about the relationship of love and justice in Christian ethics. Part III, "Legal Categories and Theological Problems," shows how legal concepts can reframe and even resolve moral controversies within religious communities. With this book, Kaveny leads the way towards a mutually profitable exchange between the American legal tradition and the tradition of Christian ethics.

Law And The Bible

Author: Robert F. Cochran
Publisher: InterVarsity Press
ISBN: 0830825738
Size: 13.80 MB
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The Bible is full of law. Yet too often, Christians either pick and choose verses out of context to bolster existing positions, or assume that any moral judgment the Bible expresses should become the law of the land. Law and the Bible asks: What inspired light does the Bible shed on Christians’ participation in contemporary legal systems? It concludes that more often than not the Bible overturns our faulty assumptions and skewed commitments rather than bolsters them. In the process, God gives us greater insight into what all of life, including law, should be. Each chapter is cowritten by a legal professional and a theologian, and focuses on a key aspect of the biblical witness concerning civil or positive law--that is, law that human societies create to order their communities, implementing and enforcing it through civil government. A foundational text for legal professionals, law and prelaw students, and all who want to think in a faithfully Christian way about law and their relationship to it.

International Law And Religion

Author: Martti Koskenniemi
Publisher: Oxford University Press
ISBN: 019880587X
Size: 70.94 MB
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This books maps out the territory of international law and religion challenging receiving traditions in fundamental aspects. On the one hand, the connection of international law and religion has been little explored. On the other, most of current research on international legal thought presents international law as the very victory of secularization. By questioning that narrative of secularization this book approaches these traditions from a new perspective. From the Middle Ages' early conceptualizations of rights and law to contemporary political theory, the chapters bring to life debates concerning the interaction of the meaning of the legal and the sacred. The contributors approach their chapters from an array of different backgrounds and perspectives but with the common objective of investigating the mutually shaping relationship of religion and law. The collaborative endeavour that this volume offers makes available substantial knowledge on the question of international law and religion.

Religious Human Rights In Global Perspective

Author: John (jurista) Witte
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041101761
Size: 27.42 MB
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In this 'Dickensian century' of human rights, the world has cultivated the best of religious rights protections, but witnessed the worst of religious rights abuses. In this volume, Jimmy Carter, John T. Noonan, Jr., and a score of leading jurists assess critically and comparatively the religious rights laws and practices of the international community and of selected states in the Atlantic continents. This volume and its companion Religious Human Rights in Global Perspective: Religious Perspectives are products of an ongoing project on religion, human rights and democracy undertaken by the Law and Religion Program at Emory University.

Giorgio Agamben

Author: Tom Frost
Publisher: Routledge
ISBN: 1134097867
Size: 22.41 MB
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This book collects new contributions from an international group of leading scholars – including many who have worked closely with Agamben – to consider the impact of Agamben’s thought on research in the humanities and social sciences. Giorgio Agamben: Legal, Political and Philosophical Perspectives addresses the potential of Agamben’s thought by re-focusing attention away from his critiques of Western politics and towards his scheme for a political future. Part I of the book draws upon a wide range of issues such as legal oaths, legal reasoning and Christian conceptions of love in order to examine the potential for Agamben’s work to impact upon future legal scholarship. Part II focuses on political perspectives that include references to Marx, Rousseau and Agamben’s conception of the ‘messianic’. Theology, biology, and the thought of Gilles Deleuze, Walter Benjamin and Antonin Artaud are all drawn upon in Part III to explore philosophical perspectives in Agamben’s thought. This book demonstrates the importance and originality of Giorgio Agamben, who has articulated a vision of politics that must be recognised as an influential contribution to modern philosophical and political thinking. It is a book that will be of considerable interest to many working across the humanities and social sciences.

Pagans In The Promised Land

Author: Steven T. Newcomb
Publisher: Fulcrum Publishing
ISBN: 9781555916428
Size: 10.75 MB
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An analysis of how religious bias shaped U.S. federal Indian law.