Law and Theology

Law and Theology PDF

Author: David W. Opderbeck

Publisher: Fortress Press

Published: 2019-11-05

Total Pages: 258

ISBN-13: 1506434339

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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.

Theology for International Law

Theology for International Law PDF

Author: Esther D. Reed

Publisher: A&C Black

Published: 2013-09-12

Total Pages: 368

ISBN-13: 0567001393

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Whilst Christian theology is familiar with questions about the relation of church and state, divine and human law, little attention has been devoted to questions of international law. Esther D. Reed offers a systematic engagement with contemporary issues of international law and its relevance for modern theology. Reed discusses numerous issue driven topics, including: challenges to classic just-war thinking from so-called fourth generation warfare, peoples and nationhood within divine providence, the ethics of territorial borders and the militarization of human intervention. By discussing selected biblical texts Reed helps to move the issues of international law higher up the agenda of Christian theology, ethics and moral reasoning.

The End of Law

The End of Law PDF

Author: David McIlroy

Publisher: Edward Elgar Publishing

Published: 2019

Total Pages: 200

ISBN-13: 1788114000

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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.

Law as Religion, Religion as Law

Law as Religion, Religion as Law PDF

Author: David C. Flatto

Publisher: Cambridge University Press

Published: 2022-08-25

Total Pages: 403

ISBN-13: 1108787983

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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.

Law and Theology in Twelfth-century England

Law and Theology in Twelfth-century England PDF

Author: Jason Taliadoros

Publisher: Brepols Publishers

Published: 2006

Total Pages: 344

ISBN-13:

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This book explores the legal and theological thought of Master Vacarius (c.1115/20 - c.1200), the renowned twelfth-century jurist. It focuses on this Italian master's four works, composed in the second half of the twelfth century, which deal with the resolution of conflict in law and theology. Vacarius is a paradox for scholars. They have found it difficult to reconcile his role as a legal teacher, notably through his textbook the Liber pauperum ('Book of the Poor'), which established a school of Roman law at Oxford, with his 'extra-legal' works on marriage, Christology and heretical theology. This study accounts for this paradox by exploring these three extra-legal treatises, composed in the 1160s and 1170s, in light of Vacarius' legal textbook. The author argues that Vacarius applies the legal method of the ius commune (European common law) to theological and sacramental debates. In this way, Vacarius represents a trend in medieval intellectual history, particular to the twelfth-century renaissance, which has been little appreciated to date - the hermeneutic of the 'lawyer-theologian'.

Christian Perspectives on Legal Thought

Christian Perspectives on Legal Thought PDF

Author: Michael W. McConnell

Publisher: Yale University Press

Published: 2008-10-01

Total Pages: 775

ISBN-13: 0300130066

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This book explores for the first time the broad range of ways in which Christian thought intersects with American legal theory. Eminent legal scholars—including Stephen Carter, Thomas Shaffer, Elizabeth Mensch, Gerard Bradley, and Marci Hamilton—describe how various Christian traditions, including the Catholic, Calvinist, Anabaptist, and Lutheran traditions, understand law and justice, society and the state, and human nature and human striving. The book reveals not only the diversity among Christian legal thinkers but also the richness of the Christian tradition as a source for intellectual and ethical approaches to legal inquiry. The contributors bring various perspectives to the subject. Some engage the prominent schools of legal thought: liberalism, legal realism, critical legal studies, feminism, critical race theory, and law and economics. Others address substantive areas, including environmental, criminal, contract, torts, and family law, as well as professional responsibility. Together the essays introduce a new school of legal thought that will make a signal contribution to contemporary discussions of law.

Law and Theology in Deuteronomy

Law and Theology in Deuteronomy PDF

Author: James Gordon McConville

Publisher: A&C Black

Published: 1987-03-01

Total Pages: 225

ISBN-13: 056742426X

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Asserting that the laws are a result of theology, and not the other way around, McConville focuses on the relation between the law of the Old Testament and the nature of God and of grace. He acknowledges Deuteronomy as a book of history and documentation of law, but also believes it gives great insight into the character of God. He begins his study with an introduction to the general theology of Deuteronomy. McConville then concentrates on several specific areas: The Alter–LawThe SacrificesThe TitheThe Law of FirstlingsThe FeastsThe Priests and Levites McConville examines the text from historical, linguistic, literary, and theological standpoints. He includes notes, a bibliography, and indexes.

Christianity and Natural Law

Christianity and Natural Law PDF

Author: Norman Doe

Publisher: Cambridge University Press

Published: 2017-07-20

Total Pages: 281

ISBN-13: 1316949567

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Historically, natural law has played a pivotal role in Christian approaches to the law, and a contested role in legal philosophy generally. However, comparative study of natural law across global Christian traditions is largely neglected. This book provides not only the history of natural law ideas across mainstream Christian traditions worldwide, but also an ecumenical comparison of the contemporary natural law positions of different traditions. Its focus is not solely theoretical: it tests the practical utility of natural law by exploring its use in the legal systems of the churches studied. Alongside analysis of the assumptions underlying the concept, it also proposes a jurisprudence of Christian law itself. With chapters written by distinguished lawyers and theologians across the world, this book is designed for those studying and teaching law or theology, those who practice and study ecumenism, and those involved in the practice of church law.

The Law of Freedom

The Law of Freedom PDF

Author: Daniel L. Rentfro

Publisher: Wipf and Stock Publishers

Published: 2019-10-29

Total Pages: 192

ISBN-13: 1532651007

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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.