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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.
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 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).
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 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.
Book Synopsis Recovering Self-Evident Truths by : Michael A. Scaperlanda
Download or read book Recovering Self-Evident Truths written by Michael A. Scaperlanda and published by CUA Press. This book was released on 2007-06 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents an engaging collection of essays exploring "catholic" and "Catholic" perspectives on American law--catholic in their claims of universal truths, and Catholic in their grounding in the teachings of the Roman Catholic Church
Book Synopsis Biblical Natural Law by : Matthew Levering
Download or read book Biblical Natural Law written by Matthew Levering and published by OUP Oxford. This book was released on 2008-03-20 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Church Law in Modernity by : Judith Hahn
Download or read book Church Law in Modernity written by Judith Hahn and published by Cambridge University Press. This book was released on 2019-03-28 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses natural law as a traditional but highly contested source of canon law.
Download or read book Law and Religion written by Wim Decock and published by Vandenhoeck & Ruprecht. This book was released on 2014-09-17 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wim Decockcollects contributions by internationally renowned experts in law, history and religion on the impact of the Reformations on law, jurisprudence and moral theology. The overall impression conveyed by the essays is that on the level of substantive doctrine (the legal teachings) there seems to be more continuity between Protestant and Catholic, or, for that matter, between medieval and early modern jurisprudence and theology than usually expected. As it is illustrated with regards to topics ranging from just war doctrine over business ethics to marriage law, at the very least there appears to have been an on-going conversation between jurists and theologians across the confessional divide. This does not prevent some contributions from highlighting that on the institutional level, for instance in university politics, radical tensions between Reformers and Counter-Reformers played a paramount role. This book also offers approaches to the relationship between Church(es) and State(s) in the early modern period and to the practical as well as doctrinal use of natural law in both Protestant and Catholic lands.
Book Synopsis God and the Secular Legal System by : Rafael Domingo
Download or read book God and the Secular Legal System written by Rafael Domingo and published by Cambridge University Press. This book was released on 2016-09-29 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book offers a theistic approach to secular legal systems and demonstrates that these systems are neither agnostic nor atheist. Critical but succinct in its approach, this book focuses on an extensive range of liberal legal approaches to religious and moral issues, and subjects them to critical scrutiny from a secular perspective. Expertly written by a leading scholar, the author offers a rare combination of profundity of ideas and simplicity of expression. It is a ringing defense of the theistic conception of secular legal systems and an uncompromising attack on the agnostic and atheist conception.
Book Synopsis Comparative Matters by : Ran Hirschl
Download or read book Comparative Matters written by Ran Hirschl and published by OUP Oxford. This book was released on 2014-08-14 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative study has emerged as the new frontier of constitutional law scholarship as well as an important aspect of constitutional adjudication. Increasingly, jurists, scholars, and constitution drafters worldwide are accepting that 'we are all comparativists now'. And yet, despite this tremendous renaissance, the 'comparative' aspect of the enterprise, as a method and a project, remains under-theorized and blurry. Fundamental questions concerning the very meaning and purpose of comparative constitutional inquiry, and how it is to be undertaken, are seldom asked, let alone answered. In this path-breaking book, Ran Hirschl addresses this gap by charting the intellectual history and analytical underpinnings of comparative constitutional inquiry, probing the various types, aims, and methodologies of engagement with the constitutive laws of others through the ages, and exploring how and why comparative constitutional inquiry has been and ought to be pursued by academics and jurists worldwide. Through an extensive exploration of comparative constitutional endeavours past and present, near and far, Hirschl shows how attitudes towards engagement with the constitutive laws of others reflect tensions between particularism and universalism as well as competing visions of who 'we' are as a political community. Drawing on insights from social theory, religion, history, political science, and public law, Hirschl argues for an interdisciplinary approach to comparative constitutionalism that is methodologically and substantively preferable to merely doctrinal accounts. The future of comparative constitutional studies, he contends, lies in relaxing the sharp divide between constitutional law and the social sciences. Comparative Matters makes a unique and welcome contribution to the comparative study of constitutions and constitutionalism, sharpening our understanding of the historical development, political parameters, epistemology, and methodologies of one of the most intellectually vibrant areas in contemporary legal scholarship.
