Concepts of Law in the Sciences, Legal Studies, and Theology PDF Download
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Author: Michael Welker
Publisher:
ISBN: 9783161527425
Category : Aufsatzsammlung
Languages : en
Pages : 0
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Book Description
This volume documents the results of an international, interdisciplinary exchange between legal scholars, theologians, scientists, and philosophers. During the course of several years, these thinkers explored analogies and differences between concepts of law in various academic disciplines, probing the sustainability of an interdisciplinary concept of law. While inspired by objectives of the natural law debate, the contributions nonetheless assume that a dialogue between theology and philosophy is not sufficient to forge both a critical and constructive association of "reason and religion." The contributors pursue a concept of law which is viable in multidisciplinary as well as international regard and, while drawing on the goals of the natural law debate, leaves its shortcomings behind. Contributors: Nicolaidis Agyris, Harold J. Berman, Rudiger Bittner, Gregor Etzelmuller, Niels Henrik Gregersen, Jorg Hufner, Wentzel van Huyssteen, Matthias Konradt, Wang Liuer, Patrick Miller, John Polkinghorne, Jeff Schloss, Konrad Schmid, Mathias Schmoeckel, Christoph Strohm, Christiane Tietz, Michael Welker, John Witte, Judy Wornat
Author: Michael Welker
Publisher:
ISBN: 9783161527425
Category : Aufsatzsammlung
Languages : en
Pages : 0
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Book Description
This volume documents the results of an international, interdisciplinary exchange between legal scholars, theologians, scientists, and philosophers. During the course of several years, these thinkers explored analogies and differences between concepts of law in various academic disciplines, probing the sustainability of an interdisciplinary concept of law. While inspired by objectives of the natural law debate, the contributions nonetheless assume that a dialogue between theology and philosophy is not sufficient to forge both a critical and constructive association of "reason and religion." The contributors pursue a concept of law which is viable in multidisciplinary as well as international regard and, while drawing on the goals of the natural law debate, leaves its shortcomings behind. Contributors: Nicolaidis Agyris, Harold J. Berman, Rudiger Bittner, Gregor Etzelmuller, Niels Henrik Gregersen, Jorg Hufner, Wentzel van Huyssteen, Matthias Konradt, Wang Liuer, Patrick Miller, John Polkinghorne, Jeff Schloss, Konrad Schmid, Mathias Schmoeckel, Christoph Strohm, Christiane Tietz, Michael Welker, John Witte, Judy Wornat
Author: J. W. Harris
Publisher: OUP Oxford
ISBN:
Category : Law
Languages : en
Pages : 192
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Book Description
Author: Karl Gareis
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 424
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Book Description
Author: Mateusz Stępień
Publisher: Springer
ISBN: 3319420259
Category : Law
Languages : en
Pages : 113
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Book Description
This book discusses the legal thought of Bronislaw Malinowski (1884-1942), undoubtedly one of the titans of social sciences who greatly influenced not only the shape of modern cultural anthropology but also the social sciences as a whole. This is the first comprehensive work to focus on his legal conceptions: while much has been written about his views on language, magic, religion, and culture, his views on law have not been fairly reconstructed or recapitulated. A glance at the existing literature illustrates how little has been written about Malinowski’s understanding of law, especially in the legal sciences. This becomes even more evident given the fact that Malinowski devoted much of his scholarly work to studying law, especially in the last period of his life, during which he conducted broad research on law and “primitive jurisprudence”. The main aim of this book is to address this gap and to present in detail Malinowski’s thoughts on law. The book is divided into two parts. Part I focuses largely on the impact that works of two distinguished professors from his alma mater (L. Dargun and S. Estreicher) had on Malinowski’s legal thoughts, while Part II reconstructs Malinowski’s inclusive, broad and multidimensional understanding of law and provides new readings of his legal conceptions mainly from the perspective of reciprocity. The book offers a fresh look at his views on law, paving the way for further studies on legal issues inspired by his methodological and theoretical achievements. Malinowski’s understanding of law provides a wealth of fodder from which to formulate interesting research questions and a solid foundation for developing theories that more accurately describe and explain how law functions, based on new findings in the social and natural sciences.
Author: Silvio Ferrari
Publisher: Routledge
ISBN: 1135045550
Category : Law
Languages : en
Pages : 437
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Book Description
The field of law and religion studies has undergone a profound transformation over the last thirty years, looking beyond traditional relationships between State and religious communities to include rights of religious liberty and the role of religion in the public space. This handbook features new, specially commissioned papers by a range of eminent scholars that offer a comprehensive overview of the field of law and religion. The book takes on an interdisciplinary approach, drawing from anthropology, sociology, theology and political science in order to explore how laws and court decisions concerning religion contribute to the shape of the public space. Key themes within the book include: Religions symbols in the public space; Religion and security; Freedom of religion and cultural rights; Defamation and hate speech; Gender, religion and law; This advanced level reference work is essential reading for students, researchers and scholars of law and religion, as well as policy makers in the field.
Author: James W. Harris (Rechtswissenschaftler)
Publisher:
ISBN:
Category :
Languages : en
Pages : 174
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Book Description
Author: Thomas F. Torrance
Publisher: Wipf and Stock Publishers
ISBN: 1579100937
Category : Religion
Languages : en
Pages : 83
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Book Description
This book challenges jurists and parliamentarians to reconsider the foundations of the legal and political institutions in Britain, which are shown to be seriously wanting as judicial decisions in favor of justice are set aside by appeal to statutory enactments of Parliament slanted by party-political prejudice.
Author: Dylan R. Johnson
Publisher: Mohr Siebeck
ISBN: 3161595092
Category : Religion
Languages : en
Pages : 383
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Book Description
Five Pentateuchal texts (Lev 24:10-23; Num 9:6-14; Num 15:32-36; Num 27:1-11; Num 36:1-12) offer unique visions of the elaboration of law in Israel's formative past. In response to individual legal cases, Yahweh enacts impersonal and general statutes reminiscent of biblical and ancient Near Eastern law collections. From the perspective of comparative law, Dylan R. Johnson proposes a new understanding of these texts as biblical rescripts: a legislative technique that enabled sovereigns to enact general laws on the basis of particular legal cases. Typological parallels drawn from cuneiform and Roman law illustrate the complex ideology informing the content and the form of these five cases. The author explores how latent conceptions of law, justice, and legislative sovereignty shaped these texts, and how the Priestly vision of law interacted with and transformed earlier legal traditions.
Author: Friedrich Julius Stahl
Publisher: WordBridge Publishing
ISBN:
Category : Law
Languages : en
Pages : 145
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Book Description
The Christian difference to the legal order is not to be found in any religious test or requirement of conformity, but in the Christian character of legal institutions. Stahl accomplishes this by making institutions rather than actions the cornerstone of law. Law is a general rule, not a specific command; and institutions, not persons, are its primary object. Persons operate within the framework established by law, but that law is an external, objective framework, not an internal, subjective one. The right of the person and the rights of persons are established and defended precisely by this objectively Christian order. Therefore, what is Christian about this legal order is the principles, the law-ideas, upon which it is based, not the level of faith of those living within it. This Christian orientation also demands a respect for the inheritance of the nation, conservation of its received institutions and laws. Law is rooted in custom and tradition, supplemented through legislation. The courts are bound to the law as the expression of the historical people, not ephemeral public opinion. The major error of modern legal philosophy is its natural-rights orientation, which makes law and the state into the creatures of individual choice, in which individuals through a social contract choose to leave the “state of nature” and form a government and a set of laws under which to be ruled. This whole approach is oblivious to the fact that human social order, being an inheritance, is a higher order transcending individual choice. Modern legal philosophy compounds its error by making natural law into a directly applicable legal standard, or alternatively by abandoning the law to the play of interests, cutting off any influence from higher principles. For its part, natural law lacks objectivity, universal recognition, and publicity in the sense that it can be known by everyone ahead of time; it therefore cannot be enforced by the state. In fact, to do so is to establish opinion and thus injustice as law. God's divine order is the archetype of law, but it is not directly applicable as law. In fact, God commands that the law as it stands is to be obeyed, regardless of its correspondence to the higher principles of law. Human freedom under God is the freedom to crystallize and make concrete those God-revealed principles of law as a positive legal order. In this second edition of Principles of Law, there is no difference in content as compared with the first, but the text has been corrected where necessary and improved where appropriate.
Author: Mark Hill
Publisher: Cambridge University Press
ISBN: 1107105439
Category : Law
Languages : en
Pages : 339
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Book Description
Examines the interdisciplinary development of law and religion, with a particular focus on Professor Norman Doe's pioneering role.
