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Jurisprudence And Theology
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Book Synopsis Jurisprudence and Theology by : Joseph E David
Download or read book Jurisprudence and Theology written by Joseph E David and published by Springer. This book was released on 2014-09-25 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides in depth studies of two epistemological aspects of Jewish Law (Halakhah) as the ‘Word of God’ – the question of legal reasoning and the problem of knowing and remembering. - How different are the epistemological concerns of religious-law in comparison to other legal systems? - In what ways are jurisprudential attitudes prescribed and dependent on theological presumptions? - What specifies legal reasoning and legal knowledge in a religious framework? The author outlines the rabbinic jurisprudential thought rooted in Talmudic literature which underwent systemization and enhancement by the Babylonian Geonim and the Andalusian Rabbis up until the twelfth century. The book develops a synoptic view on the growth of rabbinic legal thought against the background of Christian theological motifs on the one hand and Karaite and Islamic systemized jurisprudence on the other hand. It advances a perspective of legal-theology that combines analysis of jurisprudential reflections and theological views within a broad historical and intellectual framework. The book advocates two approaches to the study of the legal history of the Halakhah: comparative jurisprudence and legal-theology, based on the understanding that jurisprudence and theology are indispensable and inseparable pillars of legal praxis.
Book Synopsis The Foundation of Norms in Islamic Jurisprudence and Theology by : Omar Farahat
Download or read book The Foundation of Norms in Islamic Jurisprudence and Theology written by Omar Farahat and published by Cambridge University Press. This book was released on 2019-01-31 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Omar Farahat presents a new way of understanding the work of classical Islamic theologians and legal theorists who maintained that divine revelation is necessary for the knowledge of the norms and values of human actions. Through a reconstruction of classical Ashʿarī-Muʿtazilī debates on the nature and implications of divine speech, Farahat argues that the Ashʿarī attachment to revelation was not a purely traditionalist position. Rather, it was a rational philosophical commitment emerging from debates in epistemology and theology. He further argues that the particularity of this model makes its distinctive features helpful for contemporary scholars who defend a form of divine command theory. Farahat's volume thus constitutes a new reading of the issue of reason and revelation in Islam and breaks new ground in Islamic theology, law and ethics.
Book Synopsis Development of Muslim Theology, Jurisprudence and Constitutional Theory by : Duncan Black Macdonald
Download or read book Development of Muslim Theology, Jurisprudence and Constitutional Theory written by Duncan Black Macdonald and published by . This book was released on 1903 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Islam and Disability by : Mohammed Ghaly
Download or read book Islam and Disability written by Mohammed Ghaly and published by Routledge. This book was released on 2009-12-21 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the position of Islamic theology and jurisprudence towards people with disabilities. It seeks to reconcile their existence with the concept of a merciful God, and also looks at how this group might live a dignified and productive life within an Islamic context.
Book Synopsis Jurisprudence and Theology by : Joseph E. David
Download or read book Jurisprudence and Theology written by Joseph E. David and published by Springer. This book was released on 2014-09-18 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides in depth studies of two epistemological aspects of Jewish Law (Halakhah) as the ‘Word of God’ – the question of legal reasoning and the problem of knowing and remembering. - How different are the epistemological concerns of religious-law in comparison to other legal systems? - In what ways are jurisprudential attitudes prescribed and dependent on theological presumptions? - What specifies legal reasoning and legal knowledge in a religious framework? The author outlines the rabbinic jurisprudential thought rooted in Talmudic literature which underwent systemization and enhancement by the Babylonian Geonim and the Andalusian Rabbis up until the twelfth century. The book develops a synoptic view on the growth of rabbinic legal thought against the background of Christian theological motifs on the one hand and Karaite and Islamic systemized jurisprudence on the other hand. It advances a perspective of legal-theology that combines analysis of jurisprudential reflections and theological views within a broad historical and intellectual framework. The book advocates two approaches to the study of the legal history of the Halakhah: comparative jurisprudence and legal-theology, based on the understanding that jurisprudence and theology are indispensable and inseparable pillars of legal praxis.
Download or read book The End of Law written by David McIlroy and published by Edward Elgar Publishing. This book was released on 2019 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Architecture of Law by : Brian M. McCall
Download or read book The Architecture of Law written by Brian M. McCall and published by University of Notre Dame Pess. This book was released on 2018-05-30 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that classical natural law jurisprudence provides a superior answer to the questions “What is law?” and “How should law be made?” rather than those provided by legal positivism and “new” natural law theories. What is law? How should law be made? Using St. Thomas Aquinas’s analogy of God as an architect, Brian McCall argues that classical natural law jurisprudence provides an answer to these questions far superior to those provided by legal positivism or the “new” natural law theories. The Architecture of Law explores the metaphor of law as an architectural building project, with eternal law as the foundation, natural law as the frame, divine law as the guidance provided by the architect, and human law as the provider of the defining details and ornamentation. Classical jurisprudence is presented as a synthesis of the work of the greatest minds of antiquity and the medieval period, including Cicero, Aristotle, Gratian, Augustine, and Aquinas; the significant texts of each receive detailed exposition in these pages. Along with McCall’s development of the architectural image, he raises a question that becomes a running theme throughout the book: To what extent does one need to know God to accept and understand natural law jurisprudence, given its foundational premise that all authority comes from God? The separation of the study of law from knowledge of theology and morality, McCall argues, only results in the impoverishment of our understanding of law. He concludes that they must be reunited in order for jurisprudence to flourish. This book will appeal to academics, students in law, philosophy, and theology, and to all those interested in legal or political philosophy.
Book Synopsis Christianity and Natural Law by : Norman Doe
Download or read book Christianity and Natural Law written by Norman Doe and published by Cambridge University Press. This book was released on 2017-07-20 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book compares historical and modern natural law ideas across global Christian traditions and explores their use in church law.
Book Synopsis Law and Theology by : David W. Opderbeck
Download or read book Law and Theology written by David W. Opderbeck and published by Fortress Press. This book was released on 2019-11-05 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Law as Religion, Religion as Law by : David C. Flatto
Download or read book Law as Religion, Religion as Law written by David C. Flatto and published by Cambridge University Press. This book was released on 2022-08-25 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: The conventional approach to law and religion assumes that these are competing domains, which raises questions about the freedom of, and from, religion; alternate commitments of religion and human rights; and respective jurisdictions of civil and religious courts. This volume moves beyond this competitive paradigm to consider law and religion as overlapping and interrelated frameworks that structure the social order, arguing that law and religion share similar properties and have a symbiotic relationship. Moreover, many legal systems exhibit religious characteristics, informing their notions of authority, precedent, rituals and canonical texts, and most religions invoke legal concepts or terminology. The contributors address this blurring of law and religion in the contexts of political theology, secularism, church-state conflicts, and the foundational idea of divine law. This title is also available as Open Access on Cambridge Core.
Book Synopsis Ethics at the Edges of Law by : Cathleen Kaveny
Download or read book Ethics at the Edges of Law written by Cathleen Kaveny and published by Oxford University Press. This book was released on 2018 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ethics at the Edges of Law: Christian Moralists and American Legal Thought shows how methods and doctrines drawn from the American legal tradition can constructively advance the discussion of key issues in Christian ethics. More broadly, the book argues that religious ethicists should consider legal thought to be a valuable conversation partner on a par with philosophical thought. Each of the chapters places the work of an important contemporary figure in Christian ethics in conversation with particular legal cases and questions. The book is divided into three major parts: “Narratives and Norms,” “Love, Justice, and Law,” and “Legal Categories and Theological Problems.” Ethicists considered include John Noonan Jr., Stanley Hauerwas, Jeffrey Stout, Gene Outka, Margaret Farley, Paul Ramsey, Robert E. Rodes Jr., Walter Kasper, Germain Grisez and H. Tristram Engelhardt Jr. Legal topics explored include the development of the common law as a morally rich tradition, the relationship between rules and particular cases, and the role of individual experience in formulating generally applicable norms. Theological issues discussed include the meaning of covenant fidelity, the requirements of compassion, and the demands of neighbor love. Fruitful intersections between law and theological ethics are developed by considering particular examples and cases from contract law, criminal law, and health-care law. Ethics at the Edges of Law ends by examining the various and often conflicting meanings of the term “legalism,” which has long been considered a derogatory term in Christian moral thought.
Download or read book Lex Charitatis written by Johannes Heckel and published by Wm. B. Eerdmans Publishing. This book was released on 2010-04-15 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic work by one of Europe s most respected twentieth-century legal minds tackles law through the eyes of Martin Luther. Johannes Heckel first reveals the basic features of Luther s doctrine of law in its totality, drawing from an overwhelming amount of material from all genres of Luther s writing. Heckel then considers how Luther viewed law as the framework for the existence of a Christian in this world. He develops a picture of Luther s position on law by grounding it in Luther s theology, arguing that his concept of natural law has to be understood in terms of the divine and the secular. Finally, Heckel shows the practicality of Luther s position by focusing on the places in which a Christian interacts with legality in this world church, marriage and family, and politics. / When Johannes Heckel s Lex Charitatis appeared more than half a century ago it brought new clarity to the much disputed issue of Luther s understanding of the law and of God s governance of his created order. . . . Having Heckel s work in English will assist scholars and students alike in putting Luther s insights to use in the context of twenty-first-century problems. / Robert Kolb, Concordia Seminary
Book Synopsis Faith and Order by : Harold J. Berman
Download or read book Faith and Order written by Harold J. Berman and published by Wm. B. Eerdmans Publishing. This book was released on 2000 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Jurisprudence by : John Warwick Montgomery
Download or read book Jurisprudence written by John Warwick Montgomery and published by . This book was released on 2015-06 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The selections comprising this Reader have been chosen from a wide variety of works relating law and theology, including a number of long out-of-print 17th and 18th century works defending Christian truth on the basis of legal method. The purpose of this compilation is to introduce first-year law students to the great issues of jurisprudence, in line with the conviction of the editor that the meaning and significance of the law ought to ground all study of legal particulars. Only thus can legal education rise above the level of the sophisticated trade school, law graduates become true professionals rather than mere technicians, and the profession itself regain the stature it held when the word attorney made one think of the Inns of Court rather than the corruption of Watergate, junk bonds, Enron and the Great Financial Crisis.
Book Synopsis Political Theology by : Paul W. Kahn
Download or read book Political Theology written by Paul W. Kahn and published by Columbia University Press. This book was released on 2012 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annotation In a text innovative in both form and substance, Kahn forces an engagement with Schmitt's four chapters, offering a new version of each that is responsive to the American political imaginary.
Book Synopsis Natural Law and Laws of Nature in Early Modern Europe by : Michael Stolleis
Download or read book Natural Law and Laws of Nature in Early Modern Europe written by Michael Stolleis and published by Routledge. This book was released on 2016-04-22 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This impressive volume is the first attempt to look at the intertwined histories of natural law and the laws of nature in early modern Europe. These notions became central to jurisprudence and natural philosophy in the seventeenth century; the debates that informed developments in those fields drew heavily on theology and moral philosophy, and vice versa. Historians of science, law, philosophy, and theology from Europe and North America here come together to address these central themes and to consider the question; was the emergence of natural law both in European jurisprudence and natural philosophy merely a coincidence, or did these disciplinary traditions develop within a common conceptual matrix, in which theological, philosophical, and political arguments converged to make the analogy between legal and natural orders compelling. This book will stimulate new debate in the areas of intellectual history and the history of philosophy, as well as the natural and human sciences in general.
Book Synopsis Law, Person, and Community by : John J. Coughlin
Download or read book Law, Person, and Community written by John J. Coughlin and published by Oxford University Press. This book was released on 2012-04-19 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication takes up the fundamental question 'What is law?' through a comparative study of canon law and secular legal theory. The book also includes comparative consideration of the failure of canon law to address the clergy sexual abuse crisis the canon law of marriage, administrative law, the rule of law and much more.
