Bøker i Law and Christianity-serien

Natural law has long been considered the traditional source of Roman Catholic canon law. However, new scholarship is critical of this approach as it portrays the Catholic Church as static, ahistorical, and insensitive to cultural change. In its attempt to stem the massive loss of effectiveness being experienced by canon law, the church has to reconsider its theory of legal foundation, especially its natural law theory. Church Law in Modernity analyses the criticism levelled at the church and puts forward solutions for reconciling church law with modernity by revealing the historical and cultural authenticity of all law, and revising the processes of law making. In a modern church, there is no way of thinking of the law without the participation of the faithful in legislation. Judith Hahn therefore proposes a reformed legislative process for the church in the hope of reconciling the natural law origins of church law with a new, modern theology.

Conscience has long been a foundational theme in Christian ethics, but it is a notoriously slippery and contested term. This volume works to define conscience and reveal the similarities and differences between different Christian traditions' thinking on the subject. In a thorough and scholarly manner, the authors explore Christian theological, legal, constitutional, historical, and philosophical meanings of conscience. Covering a range of historical periods, major figures in the development of conscience, and contemporary applications, this book is a vital source for scholars from a wide variety of disciplines seeking to understand conscience from a range of perspectives.

Drawing on classical natural law to bridge the gaps between human and divine law, Taliaferro expounds a new, practical theory of religious freedom for the modern world, and lucidly explains the challenges involved. This book will appeal to scholars of religion, and law, as well as classical Judaism, Christianity and Islamic studies.

Students of law, history, ethics, or religion will learn from this fresh and ambitious four-hundred-year narrative of the varied interactions of American common law - the stuff of courtrooms - and natural law, a higher moral law. Arguing against prevailing scholarly views, its chapters re-assess major figures and debates.

How would we understand early modern political context differently if we accounted for the theological commitments of early modern resistance theorists? The Immortal Commonwealth argues that by taking these theological sources seriously, we have a richer, truer perspective on early modern radical political thought.

This volume convenes leading scholars to reflect on the legal, economic, practical, and philosophical implications of religious values. Inspired by the celebrated encyclical Laudato Si', they offer gracefully written and learned reflections on what it would mean to express an ethic of compassion and care for the world.

This book traces the religious sources and dimensions of human rights and the complex interaction of human rights and religious freedom norms historically and today. It also answers various modern critics who see human rights as a betrayal of Christianity and religious freedom as a betrayal of human rights.

This book highlights the impact of Christianity on the history of law and society in the Lowlands. The diversity of Protestant and Catholic jurists' engagements with the organization of society in the Southern and Northern Netherlands over a period of thousand years is examined from a multi-disciplinary and trans-confessional perspective.

This book defends the fundamental place of the marital family in modern liberal societies. It encourages churches, states, and other social institutions to collaborate in promoting the integration of sex, marriage, and family life. It defends the rights of women and children against Christian critics, and resists modern liberal efforts to abolish, privatize, or fracture the marital family.

Explores the ambivalent legacy of indigenous peoples' natural rights articulated by Europeans in Spanish and English colonial contexts. It will appeal to scholars of religion, law, international relations, Latin America, history, and politics interested in early modern religious and legal arguments for the dispossession and freedom of Amerindians.

This book relates our most important mode of social organization, law, to two of our most cherished values, love and freedom. It sketches the moral vision that underlies our modern legal order. This book speaks to lawyers, philosophers, theologians and historians, who are interested in law as a humanistic discipline.

An introduction. Law, Public international law, Religion general

This volume brings together an interdisciplinary team of academic experts on market regulation to reconsider the impact of Christianity on market regulation. Drawing on law, economics, history, theology, philosophy, and political theory, it will be of interest to a broad audience of scholars and students.

Millions of men, women, and children who enter the United States unlawfully are deemed 'illegal aliens' under United States immigration law. Where do these migrants stand within Christian ethics? This book explains the rise of the illegal alien and responds to the law through a theological account of politics.

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 subject them to critical scrutiny from a secular perspective.

An indispensable guide to how marriage acquired the status of a sacrament. This book analyzes in detail how medieval theologians explained the place of matrimony in the church and her law, and how the bitter debates of the sixteenth century elevated the doctrine to a dogma of the Catholic faith.

John Witte, Jr documents the historical arguments for monogamy over polygamy in the West from antiquity until today. Weighing traditional arguments alongside modern claims that anti-polygamy laws violate personal and religious freedom, Witte finds that the case against polygamy remains compelling.

In Calvin's Political Theology and the Public Engagement of the Church, Matthew J. Tuininga explores a little appreciated dimension of John Calvin's political thought, his two kingdoms theology, as a model for constructive Christian participation in liberal society. Widely misunderstood as a proto-political culture warrior, due in part to his often misinterpreted role in controversies over predestination and the heretic Servetus, Calvin articulated a thoughtful approach to public life rooted in his understanding of the gospel and its teaching concerning the kingdom of God. He staked his ministry in Geneva on his commitment to keeping the church distinct from the state, abandoning simplistic approaches that placed one above the other, while rejecting the temptations of sectarianism or separatism. This revealing analysis of Calvin's vision offers timely guidance for Christians seeking a mode of faithful, respectful public engagement in democratic, pluralistic communities today.

In recent decades, religion's traditional distinctiveness under the First Amendment has been challenged by courts and scholars. As America grows more secular and as religious and nonreligious convictions are increasingly seen as interchangeable, many have questioned whether special treatment is still fair. In its recent decisions, the Supreme Court has made clear that religion will continue to be treated differently, but we lack a persuasive account of religion's uniqueness that can justify this difference. This book aims to develop such an account. Drawing on founding era thought illumined by theology, philosophy of religion, and comparative religion, it describes what is at stake in our tradition of religious freedom in a way that can be appreciated by the religious and nonreligious alike. From this account, it develops a new framework for religion clause decision making and explains the implications of this framework for current controversies regarding protections for religious conscience.

These intellectual biographies illustrate the rich and enduring interactions between Christianity and law by examining the contributions that twenty Spanish jurists have made over the centuries to legal ideals, institutions, and practice, and how their Christian faith informed their thinking about the law.

The global persecution of Christians is an urgent human rights issue, yet remains underreported in the mainstream media and by human rights organizations. In this volume a group of well-respected scholars investigates contemporary persecutions of Christians in twenty-four nations and how Christians have responded to these actions.

A suitable text for graduate courses and upper level undergraduate seminars in religious ethics, moral theology and related subjects. Will be of interest to nearly anyone in the humanities or social sciences fields.

This book profiles nineteen of America's most influential Christian jurists from the early colonial era to the present day. It will be of interest to anyone interested in American legal history and jurisprudence, the role Christianity has played throughout the nation's history, and the relationship between faith and law.

An anthology of essays by experts in diverse historical fields, designed for entry-level students as well as for scholars, showing how Christians of the first millennium in the West understood law and used written norms and corrective practices to maintain social order and to ensure salvation.

This volume examines the lives of twenty-seven French jurists from the vantage point of their professed Christian faith. By studying the contributions these French jurists have made over the centuries, this volume illustrates the rich and enduring interactions between Christianity and law and provides a rich interdisciplinary methodology.

The influence of Christianity on Western legal thought is of interest to a broad audience of scholars and students. This authoritative work will be a welcome reference, providing a unique study of the pervasive influence of Christianity in jurisprudence and legal scholarship in both common law and civil law jurisdictions.

This book will be of interest to students, teachers, and scholars in a variety of fields, including law, theology and religious studies, political science, philosophy, and history. The essays, by leading scholars from these fields, address classic theological issues as well as contemporary debates in law and politics.

This volume convenes leading scholars to reflect on the legal, economic, practical, and philosophical implications of religious values. Inspired by the celebrated encyclical Laudato Si', they offer gracefully written and learned reflections on what it would mean to express an ethic of compassion and care for the world.

This book presents a model of relevant cultural engagement for religious communities with its basis in John Calvin's two kingdoms theology. Matthew J. Tuininga outlines a mode of participation in democratic politics in a way that takes faith seriously while accepting pluralism and respecting the rights of others.

Millions of men, women, and children who enter the United States unlawfully are deemed 'illegal aliens' under United States immigration law. Where do these migrants stand within Christian ethics? This book explains the rise of the illegal alien and responds to the law through a theological account of politics.