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Originalism In Theology And Law
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Book Synopsis Originalism in Theology and Law by : Mark J. Boone
Download or read book Originalism in Theology and Law written by Mark J. Boone and published by Lexington Books. This book was released on 2024-01-26 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Failed Promise of Originalism by : Frank Cross
Download or read book The Failed Promise of Originalism written by Frank Cross and published by Stanford University Press. This book was released on 2013-01-09 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originalism is an enormously popular—and equally criticized—theory of constitutional interpretation. As Elena Kagan stated at her confirmation hearing, "We are all originalists." Scores of articles have been written on whether the Court should use originalism, and some have examined how the Court employed originalism in particular cases, but no one has studied the overall practice of originalism. The primary point of this book is an examination of the degree to which originalism influences the Court's decisions. Frank B. Cross tests this by examining whether originalism appears to constrain the ideological preferences of the justices, which are a demonstrable predictor of their decisions. Ultimately, he finds that however theoretically appealing originalism may seem, the changed circumstances over time and lack of reliable evidence means that its use is indeterminate and meaningless. Originalism can be selectively deployed or manipulated to support and legitimize any decision desired by a justice.
Download or read book Holy Writ written by Arie-Jan Kwak and published by Routledge. This book was released on 2016-04-22 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Common Law and Natural Law in America by : Andrew Forsyth
Download or read book Common Law and Natural Law in America written by Andrew Forsyth and published by Cambridge University Press. This book was released on 2019-04-11 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents an ambitious narrative and fresh re-assessment of common law and natural law's varied interactions in America, 1630 to 1930.
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 The Law of Freedom by : Daniel L. Rentfro
Download or read book The Law of Freedom written by Daniel L. Rentfro and published by Wipf and Stock Publishers. This book was released on 2019-10-29 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Freedom: Justice and Mercy in the Practice of Law examines the legal and theological roots of the concept of equity, and the implications that the diminishment of equity as a legal concept has for the moral dilemmas faced by the practicing lawyer. Meditating on the book of Micah, the book argues that the Christian duty asks for both strict justice and gracious mercy, with the prophet’s third value—humility—essential for both the individual lawyer and the legal system as a whole to balance strict justice and mercy.
Book Synopsis The First Grace by : Russell Hittinger
Download or read book The First Grace written by Russell Hittinger and published by Open Road Media. This book was released on 2014-05-20 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Defending the Gospel in Legal Style by : John Warwick Montgomery
Download or read book Defending the Gospel in Legal Style written by John Warwick Montgomery and published by Wipf and Stock Publishers. This book was released on 2017-10-25 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional apologetics is either focused on obscure, quasi-Thomist philosophical arguments for God’s existence or on 18th-century-style answers to alleged biblical contradictions. But a new approach has recently entered the picture: the juridical defence of historic Christian faith, with its particular concern for demonstrating Jesus’s deity and saving work for humankind. The undisputed leader of this movement is John Warwick Montgomery, emeritus professor of law and humanities, University of Bedfordshire, England, and director, International Academy of Apologetics, Evangelism and Human Rights, Strasbourg, France. His latest book (of more than sixty published during his career) shows the strength of legal apologetics: its arguments, drawn from secular legal reasoning, can be rejected only at the cost of jettisoning the legal system itself, on which every civilised society depends for its very existence. The present work also includes theological essays on vital topics of the day, characterised by the author’s well-known humour and skill for lucid communication.
Book Synopsis Law, Society and Community by : Richard Nobles
Download or read book Law, Society and Community written by Richard Nobles and published by Routledge. This book was released on 2016-04-22 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of socio-legal studies, written by leading theorists and researchers from around the world, offers original, perceptive and critical contributions to ideas and theories that have been expounded by Roger Cotterrell over a long and distinguished career. Engaging with many classic issues and theories of the sociology of law, the contributions are likely to become classics themselves as they tackle some of the most significant challenges that modern law faces. They do not shy away from what one of the contributors describes as the complexity and multiplicity of our contemporary legal world. The book is organized in three parts: socio-legal themes; methodological and jurisprudential themes; globalization, cultural and comparative law themes. Starting with a chapter that re-engages with the need to interpret legal ideas sociologically, and ending with one that explores the global significance of modern fascination with the idea of the rule of law, this selection offers important additions to the oeuvre of Roger Cotterrell (a list of whose academic writings is included in the book).
Download or read book Scalia Speaks written by Antonin Scalia and published by Forum Books. This book was released on 2017-10-03 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: This definitive collection of beloved Supreme Court Justice Antonin Scalia's finest speeches covers topics as varied as the law, faith, virtue, pastimes, and his heroes and friends. Featuring a foreword by longtime friend Justice Ruth Bader Ginsburg and an intimate introduction by his youngest son, this volume includes dozens of speeches, some deeply personal, that have never before been published. Christopher J. Scalia and the Justice's former law clerk Edward Whelan selected the speeches. Americans have long been inspired by Justice Scalia’s ideas, delighted by his wit, and instructed by his intelligence. He was a sought-after speaker at commencements, convocations, and events across the country. Scalia Speaks will give readers the opportunity to encounter the legendary man more fully, helping them better understand the jurisprudence that made him one of the most important justices in the Court's history and introducing them to his broader insights on faith and life.
Book Synopsis Common Good Constitutionalism by : Adrian Vermeule
Download or read book Common Good Constitutionalism written by Adrian Vermeule and published by John Wiley & Sons. This book was released on 2022-02-08 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.
Book Synopsis Theology and Canon Law by : Ladislas M. Orsy
Download or read book Theology and Canon Law written by Ladislas M. Orsy and published by Michael Glazier Books. This book was released on 1992 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book was born from a wonder that prompted the question: how can we find the right harmony between Christian beliefs and the laws governing the life of the community: or, between the divine mysteries and the norms of human creation?" [Foreword].
Book Synopsis Living Originalism by : Jack M. Balkin
Download or read book Living Originalism written by Jack M. Balkin and published by Harvard University Press. This book was released on 2011-11-29 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation’s founding document, are not in conflict—they are compatible. So argues Jack Balkin, one of the leading constitutional scholars of our time, in this long-awaited book. Step by step, Balkin gracefully outlines a constitutional theory that demonstrates why modern conceptions of civil rights and civil liberties, and the modern state’s protection of national security, health, safety, and the environment, are fully consistent with the Constitution’s original meaning. And he shows how both liberals and conservatives, working through political parties and social movements, play important roles in the ongoing project of constitutional construction. By making firm rules but also deliberately incorporating flexible standards and abstract principles, the Constitution’s authors constructed a framework for politics on which later generations could build. Americans have taken up this task, producing institutions and doctrines that flesh out the Constitution’s text and principles. Balkin’s analysis offers a way past the angry polemics of our era, a deepened understanding of the Constitution that is at once originalist and living constitutionalist, and a vision that allows all Americans to reclaim the Constitution as their own.
Book Synopsis Constitutional Redemption by : J. M. Balkin
Download or read book Constitutional Redemption written by J. M. Balkin and published by Harvard University Press. This book was released on 2011-05-09 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political constitutions are compromises with injustice. What makes the U.S. Constitution legitimate is Americans’ faith that the constitutional system can be made “a more perfect union.” Balkin argues that the American constitutional project is based in hope and a narrative of shared redemption, and its destiny is still over the horizon.
Book Synopsis The Teachings of Modern Christianity on Law, Politics, and Human Nature by : John Witte
Download or read book The Teachings of Modern Christianity on Law, Politics, and Human Nature written by John Witte and published by Columbia University Press. This book was released on 2006 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a major project to be undertaken as part of a broad intiative of the Pew Charitable Trusts and the University of Notre Dame on the role of Christianity in modern society. John Witte is one of the editors of the forthcoming Sex, Marriage, and the Family: A Reader in World Religions.
Download or read book Lex Charitatis written by Johannes Heckel and published by Wm. B. Eerdmans Publishing. This book was released on 2010-04-08 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: This substantial work by one of Europe's most respected twentieth-century legal minds unpacks Luther's doctrine of law, showing how it derived from his central theological concern, justification by faith. "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. The Wittenberg reformer's use of the language of 'two kingdoms' and 'two governances' is still fiercely debated; 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 Rights in the Law by : James E. Bruce
Download or read book Rights in the Law written by James E. Bruce and published by Vandenhoeck & Ruprecht. This book was released on 2013-09-18 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: James E. Bruce explores the relationship between morality and God's free choices in the thought of Francis Turretin (1623–1687). The first book-length treatment of Turretin's natural law theory, Rights in the Law provides an important theological backdrop to Early Modern moral and political philosophy. Turretin affirms Thomas Aquinas's approach to the natural law, calling it the common opinion of the Reformed orthodox, but he develops it, too, by introducing a threefold scheme of right (ius)—divine, natural, and positive—to explain how change within the law is possible. For example, God can change the specific day for Sabbath observance from Saturday to Sunday—from positive right—without changing the natural law precept that finite creatures ought to rest. Yet even with respect to the natural law God is still free. God can make a world in which there is no such thing as murder: he can choose not to make a world that contains such a thing as man. What God cannot do is make a murderable man. So God's free choices determine the natural law insofar as the natural law is constituted by the nature of the things that God has chosen to create.
