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Author: RichardO. Brooks
Publisher: Routledge
ISBN: 1351574981
Category : Law
Languages : en
Pages : 492
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Book Description
St. Augustine and Roman law are the two bridges from Athens and Jerusalem to the world of modern law. Augustine's almost eerily modern political realism was based upon his deep appreciation of human evil, arising from his insights into the human personality, the product of his reflections on his own life and the history of his times. These insights have traveled well through the ages and are mirrored in the pages of Aquinas, Luther and Calvin, Reinhold Niebuhr, and Hannah Arendt. The articles in this volume describe the life and world of Augustine and the ways in which he conceived both justice and law. They also discuss the little recognized Augustinian contributions to the field of modern hermeneutics - the discipline which informs the art of legal interpretation. Finally, they include Augustine's valuable discussion of church/state relations, the law of just wars, and proper role and limits of coercion, and the procreative dimensions of marriage. The volume also includes an extremely useful, definitive bibliography of Augustine and the law, and will leave readers with an increased appreciation of the contributions which Augustine has made to the history of jurisprudence. No one can read Augustine and these articles on his view of the law without taking away a new view of the law itself.
Author: James Bernard Murphy
Publisher: Routledge
ISBN: 135157499X
Category : History
Languages : en
Pages : 572
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Book Description
St. Augustine and Roman law are the two bridges from Athens and Jerusalem to the world of modern law. Augustine's almost eerily modern political realism was based upon his deep appreciation of human evil, arising from his insights into the human personality, the product of his reflections on his own life and the history of his times. These insights have traveled well through the ages and are mirrored in the pages of Aquinas, Luther and Calvin, Reinhold Niebuhr, and Hannah Arendt. The articles in this volume describe the life and world of Augustine and the ways in which he conceived both justice and law. They also discuss the little recognized Augustinian contributions to the field of modern hermeneutics - the discipline which informs the art of legal interpretation. Finally, they include Augustine's valuable discussion of church/state relations, the law of just wars, and proper role and limits of coercion, and the procreative dimensions of marriage. The volume also includes an extremely useful, definitive bibliography of Augustine and the law, and will leave readers with an increased appreciation of the contributions which Augustine has made to the history of jurisprudence. No one can read Augustine and these articles on his view of the law without taking away a new view of the law itself.
Author: Gavin Ortlund
Publisher: InterVarsity Press
ISBN: 0830853251
Category : Religion
Languages : en
Pages : 265
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Book Description
How might premodern exegesis of Genesis inform Christian debates about creation today? Pastor and theologian Gavin Ortlund retrieves Augustine's reading of Genesis 1-3 and considers how his premodern understanding of creation can help Christians today, shedding light on matters such as evolution, animal death, and the historical Adam and Eve.
Author: David McIlroy
Publisher: Edward Elgar Publishing
ISBN: 1788114000
Category : Electronic books
Languages : en
Pages : 199
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Book Description
The End of Law applies Augustine’s questions to modern legal philosophy as well as offering a critical theory of natural law that draws on Augustine’s ideas. McIlroy argues that such a critical natural law theory is: realistic but not cynical about law’s relationship to justice and to violence, can diagnose ways in which law becomes deformed and pathological, and indicates that law is a necessary but insufficient instrument for the pursuit of justice. Positioning an examination of Augustine’s reflections on law in the context of his broader thought, McIlroy presents an alternative approach to natural law theory, drawing from critical theory, postmodern thought, and political theologies in conversation with Augustine.
Author: Richard O. Brooks
Publisher: Routledge
ISBN: 1351571907
Category : History
Languages : en
Pages : 663
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Book Description
Cicero and Modern Law contains the best modern writings on Cicero's major law related works, such as the Republic, On Law, On Oratory, along with a comprehensive bibliography of writings on Cicero's legal works. These works are organized to reveal the influence of Cicero's writings upon the history of legal thought, including St. Thomas, the Renaissance, Montesquieu and the U.S. Founding Fathers. Finally, the articles include discussions of Cicero's influence upon central themes in modern lega thought, including legal skepticism, republicanism, mixed government, private property, natural law, conservatism and rhetoric. The editor offers an extensive introduction, placing these articles in the context of an overall view of Cicero's contribution to modern legal thinking.
Author: Boleslaw Z. Kabala
Publisher: Springer Nature
ISBN: 3030614859
Category : Social Science
Languages : en
Pages : 457
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Book Description
This volume addresses our global crisis by turning to Augustine, a master at integrating disciplines, philosophies, and human experiences in times of upheaval. It covers themes of selfhood, church and state, education, liberalism, realism, and 20th-century thinkers. The contributors enhance our understanding of Augustine’s thought by heightening awareness of his relevance to diverse political, ethical, and sociological questions. Bringing together Augustine and Gallicanism, civil religion, and Martin Luther King, Jr., this volume expands the boundaries of Augustine scholarship through a consideration of subjects at the heart of contemporary political theory.
Author: Philip L. Reynolds
Publisher: Cambridge University Press
ISBN: 1108590624
Category : Law
Languages : en
Pages :
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Book Description
Great Christian Jurists and Legal Collections in the First Millennium is a systematic collection of essays describing how Christian leaders and scholars of the first millennium in the West contributed to law and jurisprudence and used written norms and corrective practices to maintain social order and to guide people from this life into the next. With chapters on topics such as Roman and post-Roman law, church councils, the papacy, and the relationship between royal and ecclesiastical authority, as well as on individual authors such as Lactantius, Ambrosiaster, Augustine, Leo I, Gelasius I, and Gregory the Great, this book invites a more holistic and realistic appreciation of early-medieval contributions to the history of law and jurisprudence for entry-level students and scholars alike. Great Christian Jurists and Legal Collections in the First Millennium provides a fresh look, from a new perspective, enabling readers to see these familiar authors in a fresh light.
Author: James Bernard Murphy
Publisher: Routledge
ISBN: 1351576224
Category : History
Languages : en
Pages : 644
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Book Description
This volume collects some of the best recent writings on St. Thomas‘s philosophy of law and includes a critical examination of Aquinas‘s theory of the relation between law and morality, his natural law theory, as well as the modern reformulation of his approach to natural rights. The volume shows how Aquinas understood the importance of positive law and demonstrates the modern relevance of his writings by including Thomistic critiques of modern jurisprudence and examples of applications of Thomistic jurisprudence to specific modern legal problems such as federalism, environmental policy, abortion and euthanasia. The volume also features an introduction which places Aquinas‘s writings in the context of modern jurisprudence as well as an extensive bibliography. The volume is suited to the needs of jurisprudence scholars, teachers and students and is an essential resource for all law libraries.
Author: Kevin Crotty
Publisher: Cornell University Press
ISBN: 9780801438561
Category : Autonomy (Psychology)
Languages : en
Pages : 266
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Book Description
In Law's Interior, Kevin M. Crotty draws on several important literary works to offer a new model of the relation between citizens and their laws, one that emphasizes the power of law to shape citizens and to foster -- or discourage -- their autonomy. Crotty maintains that citizens are "inside" the law -- they are the law's interior. Literature, he finds, can be relevant to law by emphasizing the connections between law and the world around it -- a stance that corrects the tendency of legal theory to treat law as a separate, autonomous entity. The texts Crotty examines -- Aeschylus' Oresteia, St. Augustine's Confessions, and the poetry of Wallace Stevens -- question the rationalist optimism that Crotty regards as distorting much recent theorizing about law. Further, he asserts that the inability of courts to state clearly the principles animating their decisions demonstrates the stranglehold the positivist model has on us and our legal imaginations. Crotty sketches a model of the relation between citizens and laws that supplements the more familiar idea of law as something deliberated and enacted by rational, inherently autonomous citizens. The most important legal decisions of the past fifty years, Crotty says, rest on the perception that the state, far from merely respecting the "innate" autonomy of its citizens, actively shapes that autonomy. Law's Interior should contribute to a better understanding of the real principles underlying some landmark decisions by the Supreme Court.
Author: Susanna L. Blumenthal
Publisher: Harvard University Press
ISBN: 9780674048935
Category : Law
Languages : en
Pages : 0
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Book Description
In postrevolutionary America, the autonomous individual was both the linchpin of a young nation and a threat to the founders’ vision of ordered liberty. Conceiving of self-government as a psychological as well as a political project, jurists built a republic of laws upon the Enlightenment science of the mind with the aim of producing a responsible citizenry. Susanna Blumenthal probes the assumptions and consequences of this undertaking, revealing how ideas about consciousness, agency, and accountability have shaped American jurisprudence. Focusing on everyday adjudication, Blumenthal shows that mental soundness was routinely disputed in civil as well as criminal cases. Litigants presented conflicting religious, philosophical, and medical understandings of the self, intensifying fears of a populace maddened by too much liberty. Judges struggled to reconcile common sense notions of rationality with novel scientific concepts that suggested deviant behavior might result from disease rather than conscious choice. Determining the threshold of competence was especially vexing in litigation among family members that raised profound questions about the interconnections between love and consent. This body of law coalesced into a jurisprudence of insanity, which also illuminates the position of those to whom the insane were compared, particularly children, married women, and slaves. Over time, the liberties of the eccentric expanded as jurists came to recognize the diversity of beliefs held by otherwise reasonable persons. In calling attention to the problematic relationship between consciousness and liability, Law and the Modern Mind casts new light on the meanings of freedom in the formative era of American law.
Author: Nicholas Aroney
Publisher: Oxford University Press
ISBN: 0197587259
Category : Constitutional law
Languages : en
Pages : 513
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Book Description
The first volume of its kind, Christianity and Constitutionalism explores the contribution of Christianity to constitutional law and constitutionalism as viewed from the perspectives of history, law, and theology. The authors examine a wide range of key figures, including Augustine, Thomas Aquinas, Moses, Martin Luther, and Roger Williams, offering innovative and thoughtful analyses of the relationship between religious thought and constitutional law. Part I features contributions from historians and is focused on the historical influence of Christianity on constitutionalism, recounting how the relationship between the Christian faith and fundamental ideas about law, justice, and government has evolved from era to era. Part II offers the analyses of constitutional lawyers, focusing on the normative implications of Christianity for particular themes or topics in constitutional law. The chapters in this section orbit around several central doctrines and principles of this field--including sovereignty, the rule of law, democracy, the separation of powers, human rights, conscience, and federalism--evaluating them from a range of Christian perspectives. Part III rounds out the study with theologians focused on particular Christian doctrines, exploring their constructive and sometimes critical implications for constitutionalism. As a whole, Christianity and Constitutionalism breaks new ground by offering wide-ranging, interdisciplinary contributions to the study of the relationship between the Christian religion and constitutional law.
