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Author: Mark J. Boone
Publisher: Lexington Books
ISBN: 1666932132
Category : Religion
Languages : en
Pages : 241
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Book Description
According to originalism, the meaning of a text is determined at the time of its writing. Originalism in Theology and Law explores the similarities and differences between the theological application of this idea to the Bible and its legal application to the American Constitution.
Author: Mark J. Boone
Publisher: Lexington Books
ISBN: 1666932132
Category : Religion
Languages : en
Pages : 241
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Book Description
According to originalism, the meaning of a text is determined at the time of its writing. Originalism in Theology and Law explores the similarities and differences between the theological application of this idea to the Bible and its legal application to the American Constitution.
Author: Russell Hittinger
Publisher: Open Road Media
ISBN: 1497651441
Category : Religion
Languages : en
Pages : 294
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Book Description
In the book’s first section, Hittinger defines the natural law, considers its proper relationship to moral theology and the positive law, and explains how and when judges should be guided by natural law considerations. Then, in the book’s second section, he contends with a number of controversial legal and cultural issues from a natural law perspective. Among other things, he shows how the modern propensity to make all sorts of “rights claims” undermines the idea of limited government; how the liberal legal culture’s idea of privacy elevates the individual to the status of a sovereign; and how the Supreme Court has come to cast religion as a dangerous phenomenon from which children must be protected. Whether discussing the nature of liberalism, the constitutional and moral problems posed by judicial usurpation, or the dangers of technology, Hittinger convincingly demonstrates that in our post-Christian world it is more crucial than ever that we recover older, wiser notions of the concepts of freedom and law—since to oppose them is to misunderstand both profoundly.
Author: Matthew Levering
Publisher: OUP Oxford
ISBN: 0191609005
Category : Religion
Languages : en
Pages : 270
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Book Description
Natural law theory is controversial today because it presumes that there is a stable 'human nature' that is subject to a 'law.' How do we know that 'human nature' is stable and not ever-evolving? How can we expect 'law' not to constrict human freedom and potential? Furthermore if there is a 'law,' there must be a lawgiver. Matthew Levering argues that natural law theory makes sense only within a broader worldview, and that the Bible sketches both such a persuasive worldview and an account of natural law that offers an exciting portrait of the moral life. To establish the relevance of biblical readings to the wider philosophical debate on natural law, this study offers an overview of modern natural law theories from Cicero to Nietzsche, which reverse the biblical portrait by placing human beings at the center of the moral universe. Whereas the biblical portrait of natural law is other-directed, ordered to self-giving love, the modern accounts turn inward upon the self. Drawing on the thought of St. Thomas Aquinas, Levering employs theological and philosophical investigation to achieve a contemporary doctrine of natural law that accords with the biblical witness to a loving Creator who draws human beings to share in the divine life. This book provides both an introduction to natural law theory and a compelling challenge to re-think current biblical scholarship on the topic.
Author: Arie-Jan Kwak
Publisher: Routledge
ISBN: 9781138278585
Category :
Languages : en
Pages : 224
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Book Description
It has often been remarked that law and religion have much in common. One of the most conspicuous elements is that both law and religion frequently refer to a text that has authority over the members of a community. In the case of religion this text is deemed to be 'holy', in the case of law, some, such as the American constitution, are widely held as 'sacred'. In both examples, priests and judges exert a duty to tell the community what the founding document has to say about contemporary problems. This therefore involves an element of interpretation of the relevant authoritative texts and this book focuses on such methods of interpretation in the fields of law and religion. As its starting point, scholars from different disciplines discuss the textualist approach presented here by American Supreme Court Judge and academic scholar, Justice Antonin Scalia, not only from the perspective of law but also from that of theology. The result is a lively discussion which presents a range of diverse perspectives and arguments with regard to interpretation in law and religion.
Author: Robert F. Cochran, Jr
Publisher: Routledge
ISBN: 1000225097
Category : History
Languages : en
Pages : 351
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Book Description
This volume examines the relationship between Christian legal theory and the fields of private law. Recent years have seen a resurgence of interest in private law theory, and this book contributes to that discussion by drawing on the historical, theological, and philosophical resources of the Christian tradition. The book begins with an introduction from the editors that lays out the understanding of "private law" and what distinguishes private law topics from other fields of law. This section includes two survey chapters on natural law and biblical sources. The remaining sections of the book move sequentially through the fields of property, contracts, and torts. Several chapters focus on historical sources and show the ways in which the evolution of legal doctrine in areas of private law has been heavily influenced by Christian thinkers. Other chapters draw out more contemporary and public policy-related implications for private law. While this book is focused on the relationship of Christianity to private law, it will be of broad interest to those who might not share that faith perspective. In particular, legal historians and philosophers of law will find much of interest in the original scholarship in this volume. The book will be attractive to teachers of law, political science, and theology. It will be of special interest to the many law faculty in property, contracts, and torts, as it provides a set of often overlooked historical and theoretical perspectives on these fields.
Author: David W. Opderbeck
Publisher: Fortress Press
ISBN: 1506434339
Category : Religion
Languages : en
Pages : 258
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Book Description
Law and Theology offers the definitive account of the relationship between law and theology in the Christian tradition. Drawing on diverse biblical texts and classic authors from the early church to contemporary voices from the modern period, David W. Opderbeck examines key legal questions and controversial case studies from an interdisciplinary perspective, breaking new ground for legal scholars and theologians alike. As a law professor, practicing attorney, and theologian, Opderbeck writes as an insider from both disciplines. This unique look brings fresh insight for both fields in a context where questions of theology and law are especially relevant--and increasingly urgent. Going beyond the culture wars, Opderbeck brings these real-world cases to life, examining the ins and outs of the most important legal questions facing American civic and religious life. Scholars and students of law and theology will find this book to be required reading in and outside the legal and theological classrooms.
Author: Harold J. Berman
Publisher: Wm. B. Eerdmans Publishing
ISBN: 9780802848529
Category : Religion
Languages : en
Pages : 432
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Book Description
This book argues that despite the tensions existing in all societies between religious faith and legal order, they inevitably interact. In the course of his discussion Berman traces the history of Western law, exposes the fallacies of law theories that fail to take religion into account, examines key theological, prophetic, and educational themes, and looks at the role of religion in the Soviet and post-Soviet state.
Author: John Warwick Montgomery
Publisher: New Reformation Publications
ISBN: 1945500158
Category : Law
Languages : en
Pages : 173
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Book Description
A monograph integrating the study of law with the study of Christian theology. Starting with an examination of the three classical functions of the law (political, paedogogical, and didactic), and the distinctions between law and gospel the study moves on to examine contracts, criminal law, real and personal property, laws of evidence, and civil and constitutional law.
Author: Massimiliano Traversino Di Cristo
Publisher: BRILL
ISBN: 9004503706
Category : History
Languages : en
Pages : 256
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Book Description
With a foreword by Diego Quaglioni. This book analyses the bearing of one of the most long-standing debates of the Middle Ages, the distinction between potentia Dei absoluta and ordinata (God’s absolute and ordered power), on the modern Western legal tradition.
Author: Emanuele Castrucci
Publisher: Edinburgh University Press
ISBN: 147441186X
Category : Law
Languages : en
Pages : 200
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Book Description
Sweeping through the history of Western philosophy of law, Emanuele Castrucci deals with the metaphysical idea of potency as defined by Spinoza and Nietzsche, upsetting entrenched theories of jurisprudence. From classical Greek philosophy to Jewish biblical exegesis, via Christianity; from Aristotle's Metaphysics to its Arabic interpretations; from the genesis of natural law theory (Augustine, Aquinas, Duns Scotus, Ockham), to Kant and Enlightenment natural law theory, to Carl Schmitt, Castrucci shows how philosophical rationalism has failed to contain absolute power in a juridical sense.
