Christianity And Private Law

Author : Robert F. Cochran, Jr,Michael P. Moreland
Publisher : Routledge
Page : 318 pages
File Size : 46,8 Mb
Release : 2020-11-22
Category : History
ISBN : 9781000225051

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Christianity and Private Law by Robert F. Cochran, Jr,Michael P. Moreland Pdf

This volume examines the relationship between Christian legal theory and the fields of private law. Recent years have seen a resurgence of interest in private law theory, and this book contributes to that discussion by drawing on the historical, theological, and philosophical resources of the Christian tradition. The book begins with an introduction from the editors that lays out the understanding of "private law" and what distinguishes private law topics from other fields of law. This section includes two survey chapters on natural law and biblical sources. The remaining sections of the book move sequentially through the fields of property, contracts, and torts. Several chapters focus on historical sources and show the ways in which the evolution of legal doctrine in areas of private law has been heavily influenced by Christian thinkers. Other chapters draw out more contemporary and public policy-related implications for private law. While this book is focused on the relationship of Christianity to private law, it will be of broad interest to those who might not share that faith perspective. In particular, legal historians and philosophers of law will find much of interest in the original scholarship in this volume. The book will be attractive to teachers of law, political science, and theology. It will be of special interest to the many law faculty in property, contracts, and torts, as it provides a set of often overlooked historical and theoretical perspectives on these fields.

Author : Joseph Famerée,Pierre Gisel,Hervé Legrand
Publisher : LIT Verlag Münster
Page : 370 pages
File Size : 54,5 Mb
Release : 2016
Category : Church and state
ISBN : 9783643906847

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Evangile, moralité et lois civiles. Gospel, Morality, and Civil Law by Joseph Famerée,Pierre Gisel,Hervé Legrand Pdf

What sort of differentiations and what kind of articulations are there between religious authority, morality, and civil laws? This question takes place at the heart of the contemporary, its debates, its challenges, its aporias. Presented here is a broad historical record, presentations of present situations-concerning Islam, the United States, the Orthodox world, and the jurisprudence of the European Court of Human Rights-and the theological revivals articulated Post-Vatican II. In the background are the motives of the so-called natural law, human rights, and a dialectic of the "two Reigns." The majority of this text is in French, with seven essays in English. (Series: Christianity and History. Series of the John XXIII Foundation for Religious Studies in Bologna, Vol. 13) [Subject: Religious Studies, Christianity]

Author : M.C. Mirow,Rafael Domingo
Publisher : Routledge
Page : 414 pages
File Size : 44,9 Mb
Release : 2021-03-08
Category : History
ISBN : 9781000347876

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Law and Christianity in Latin America by M.C. Mirow,Rafael Domingo Pdf

This volume examines the lives of more than thirty-five key personalities in Latin American law with a focus on how their Christian faith was a factor in molding the evolution of law in their countries and the region. The book is a significant contribution to our ability to understand the work and perspectives of jurists and their effect on legal development in Latin America. The individuals selected for study exhibit wide-ranging areas of expertise from private law and codification, through national public law and constitutional law, to international developments that left their mark on the region and the world. The chapters discuss the jurists within their historical, intellectual, and political context. The editors selected jurists after extensive consultation with legal historians in various countries of the region looking at the jurist’s particular merits, contributions to law in general, religious perspective, and importance within the specific country and period under consideration. Giving the work a diversity of international and methodological perspectives, the chapters have been written by distinguished legal scholars and historians from Latin America and around the world. The collection will appeal to scholars, lawyers, and students interested in the interplay between law and religion. Political, social, legal, and religious historians among other readers will find, for the first time in English, authoritative treatments of the region’s essential legal thinkers and authors. Students and other who may not read Spanish will appreciate these clear, accessible, and engaging English studies of the region’s great jurists.

Author : John Witte, Jr.,Frank S. Alexander
Publisher : Cambridge University Press
Page : 0 pages
File Size : 53,6 Mb
Release : 2008-04-29
Category : Religion
ISBN : 0521697492

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Christianity and Law by John Witte, Jr.,Frank S. Alexander Pdf

What impact has Christianity had on the law from its beginnings to the present day? This introduction explores the main legal teachings of Western Christianity, set out in the texts and traditions of scripture and theology, philosophy and jurisprudence. It takes up the weightier matters of the law that Christianity has profoundly shaped - justice and mercy, rule and equity, discipline and love - as well as more technical topics of canon law, natural law, and state law. Some of these legal creations were wholly original to Christianity. Others were converted from Jewish and classical traditions. Still others were reformed by Renaissance humanists and Enlightenment philosophers. But whether original or reformed, these Christian teachings on law, politics and society have made and can continue to make fundamental contributions to modern law in the West and beyond.

Author : Mark Hill QC,Norman Doe,RH Helmholz,John Witte, Jr.
Publisher : Routledge
Page : 267 pages
File Size : 41,9 Mb
Release : 2020-05-28
Category : History
ISBN : 9781000071559

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Christianity and Criminal Law by Mark Hill QC,Norman Doe,RH Helmholz,John Witte, Jr. Pdf

This collection, by leading legal scholars, judges and practitioners, together with theologians and church historians, presents historical, theological, philosophical and legal perspectives on Christianity and criminal law. Following a Preface by Lord Judge, formerly Lord Chief Justice of England and Wales, and an introductory chapter, the book is divided into four thematic sections. Part I addresses the historical contributions of Christianity to criminal law drawing on biblical sources, early church fathers and canonists, as far as the Enlightenment. Part II, titled Christianity and the principles of criminal law, compares crime and sin, examines concepts of mens rea and intention, and considers the virtue of due process within criminal justice. Part III looks at Christianity and criminal offences, considering their Christian origins and continuing relevance for several basic crimes that every legal system prohibits. Finally, in Part IV, the authors consider Christianity and the enforcement of criminal law, looking at defences, punishment and forgiveness. The book will be an invaluable resource for students and academics working in the areas of Law and Religion, Legal Philosophy and Theology.

Author : John Witte, Jr,Frank S. Alexander
Publisher : Cambridge University Press
Page : 403 pages
File Size : 52,6 Mb
Release : 2010-12-23
Category : Religion
ISBN : 9781139494113

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Christianity and Human Rights by John Witte, Jr,Frank S. Alexander Pdf

Combining Jewish, Greek, and Roman teachings with the radical new teachings of Christ and St. Paul, Christianity helped to cultivate the cardinal ideas of dignity, equality, liberty and democracy that ground the modern human rights paradigm. Christianity also helped shape the law of public, private, penal, and procedural rights that anchor modern legal systems in the West and beyond. This collection of essays explores these Christian contributions to human rights through the perspectives of jurisprudence, theology, philosophy and history, and Christian contributions to the special rights claims of women, children, nature and the environment. The authors also address the church's own problems and failings with maintaining human rights ideals. With contributions from leading scholars, including a foreword by Archbishop Desmond Tutu, this book provides an authoritative treatment of how Christianity shaped human rights in the past, and how Christianity and human rights continue to challenge each other in modern times.

Author : Zachary R. Calo,Joshua Neoh,A. Keith Thompson
Publisher : Taylor & Francis
Page : 210 pages
File Size : 49,7 Mb
Release : 2022-12-30
Category : Law
ISBN : 9781000813210

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Christianity, Ethics and the Law by Zachary R. Calo,Joshua Neoh,A. Keith Thompson Pdf

This book examines how Christian love can inform legal thought. The work introduces love as a way to advance the emergent conversation between constructive theology and jurisprudence that will also inform conversations in philosophy and political theory. Love is the central category for Christian ethical understanding. Yet, the growing field of law and religion, and relatedly law and theology, rarely addresses how love can shape our understanding of law. This reflects, in part, a common assumption that law and love stand in necessary tension. Love applies to the private and the personal. Law, by contrast, applies to the public and the political, realms governed by power. It is thus a mistake to envisage love as having anything but a negative relationship to law. This conclusion continues to govern Christian understandings of the meaning and vocation of law. The animating idea of this volume is that the concept of love can and should inform Christian legal thought. The project approaches this task from the perspective of both historical and constructive theology. Various contributions examine how such thinkers as Augustine, Aquinas, and Calvin utilised love in their legal thought. These essays highlight often neglected aspects of the Christian tradition. Other contributions examine Christian love in light of contemporary legal topics including civility, forgiveness, and secularism. Love, the book proposes, not only matters for law but can transform the terms on which Christians understand and engage it. The book will be of interest to academics and researchers working in the areas of legal theory; law and religion; law and philosophy; legal history; theology and religious studies; and political theory.

Author : Franciszek Longchamps de Bérier,Rafael Domingo
Publisher : Taylor & Francis
Page : 544 pages
File Size : 55,6 Mb
Release : 2022-12-29
Category : Law
ISBN : 9781000814484

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Law and Christianity in Poland by Franciszek Longchamps de Bérier,Rafael Domingo Pdf

This volume is the first comprehensive study of the Polish history of law and Christianity written in English for a global audience. It examines the lives of twenty-one central figures in Polish law with a focus on how their Christian faith was a factor in molding the evolution of law in their country and the region. The individuals selected for study exhibit wide-ranging areas of expertise, from private law and codification, through national public law and constitutional law, to international developments that left their mark on Poland and the world. The chapters discuss the jurists within their historical, intellectual, and political context. The editors selected jurists after extensive consultation with legal historians looking at the jurists’ particular merits, contributions to law in general, religious perspective, and period under consideration. The collection will appeal to scholars, lawyers, and students interested in the interplay between law and religion. Political, social, legal, and religious historians, among other readers, will find, for the first time in English, authoritative treatments of essential Polish legal thinkers and authors.

Author : John George Phillimore
Publisher : Unknown
Page : 332 pages
File Size : 50,5 Mb
Release : 1815
Category : Digesta
ISBN : UOM:39015013764959

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Private Law Among the Romans by John George Phillimore Pdf

Author : John Witte, Jr.,Rafael Domingo
Publisher : Oxford University Press
Page : 921 pages
File Size : 55,9 Mb
Release : 2023
Category : Education
ISBN : 9780197606759

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The Oxford Handbook of Christianity and Law by John Witte, Jr.,Rafael Domingo Pdf

This volume tells the story of the interaction between Christianity and law-historically and today, in the traditional heartlands of Christianity and around the globe. Sixty new chapters by leading scholars provide authoritative and accessible accounts of foundational Christian teachings on law and legal thought over the past two millennia; the current interaction and contestation of law and Christianity on all continents; how Christianity shaped and was shaped by core public, private, penal, and procedural laws; various old and new forms of Christian canon law, natural law theory, and religious freedom norms; Christian teachings on fundamental principles of law and legal order; and Christian contributions to controversial legal issues. Together, the chapters make clear that Christianity and law have had a perennial and permanent influence on each other over time and across cultures, albeit with varying levels of intensity and effectiveness. This volume defines "Christianity" broadly to include Catholic, Protestant, and Orthodox traditions and various denominations and schools of thought within them. It draws on Christian ideas and institutions, norms and practices, texts and titans to tell the story of Christianity's engagement with the world of law over the past two millennia. The volume also defines "law" broadly as the normative order of justice, power, and freedom. The chapters address natural laws of conscience, reason, and the Bible and positive laws enacted by states, churches, and voluntary associations. Several chapters focus on Christian engagement with specific types of law: canon law, family law, education law, constitutional law, criminal law, procedural law, and laws governing labor, tax, contracts, torts, property, and beyond. Other chapters take up cutting edge legal issues of racial justice, environmental care, migration, euthanasia, and (bio)technology as well as fundamental legal principles of liberty, dignity, equality, justice, equity, judgment, and solidarity.

Author : Clifford Ando,Jörg Rüpke
Publisher : Walter de Gruyter GmbH & Co KG
Page : 263 pages
File Size : 41,7 Mb
Release : 2015-03-10
Category : Religion
ISBN : 9783110392517

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Public and Private in Ancient Mediterranean Law and Religion by Clifford Ando,Jörg Rüpke Pdf

The public/private distinction is fundamental to modern theories of the family, religion and religious freedom, and state power, yet it has had different salience, and been understood differently, from place to place and time to time. The volume brings together essays from an international array of experts in law and religion, in order to examine the public/private distinction in comparative perspective. The essays focus on the cultures and religions of the ancient Mediterranean, in the formative periods of Greece and Rome and the religions of Judaism, Christianity and Islam. Particular attention is given to the private exercise of religion, the relation between public norms and private life, and the division between public and private space and the place of religion therein.

Author : Robert F. Cochran
Publisher : Apollos
Page : 269 pages
File Size : 53,7 Mb
Release : 2013
Category : Bible and law
ISBN : 1844749231

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Law and the Bible by Robert F. Cochran Pdf

This collection brings together legal professionals and theologians to assess the significance and function of civil law in the Bible. Rich in close readings of Scripture, Law and the Bible gives Christian law students and legal practitioners the tools to bring a critically reflective biblical understanding to their practice of civil law.

Author : Andrew Skotnicki
Publisher : Routledge
Page : 212 pages
File Size : 53,6 Mb
Release : 2016-03-03
Category : Religion
ISBN : 9781317026389

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The Last Judgment by Andrew Skotnicki Pdf

In a culture obsessed with law, judgment, and violence, this book challenges Christians to remember that Jesus urged his followers to judge no one, bring harm upon no one, and follow no law save the law of altruistic love. It traces Christian history first to show that Christians of an earlier age took very seriously the gospel injunctions against punitive legal judgment and then how the advent of formal legal codes and philosophical dualism undermined that perspective to create a division between a private Christian spirituality and a public morality of order and legally sanctioned violence. This historical approach is accompanied by an argument that the recovery of a Christian ethic based upon unconditional love and forgiveness cannot be accomplished without the renewal of a Christian spirituality that mirrors the contemplative spirituality of Jesus.

Author : James Muirhead
Publisher : Edinburgh : A. & C. Black
Page : 500 pages
File Size : 48,7 Mb
Release : 1886
Category : Roman law
ISBN : UOM:39015058358899

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Historical Introduction to the Private Law of Rome by James Muirhead Pdf

Author : Brian Tierney
Publisher : CUA Press
Page : 393 pages
File Size : 45,9 Mb
Release : 2014-02-14
Category : Religion
ISBN : 9780813225814

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Liberty and Law by Brian Tierney Pdf

Liberty and Law examines a previously underappreciated theme in legal history - the idea of permissive natural law. The idea is mentioned only peripherally, if at all, in modern histories of natural law. Yet it engaged the attention of jurists, philosophers, and theologians over a long period and formed an integral part of their teachings. This ensured that natural law was not conceived of as merely a set of commands and prohibitions that restricted human conduct, but also as affirming a realm of human freedom, understood as both freedom from subjection and freedom of choice. Freedom can be used in many ways, and throughout the whole period from 1100 to 1800 the idea of permissive natural law was deployed for various purposes in response to different problems that arose. It was frequently invoked to explain the origin of private property and the beginnings of civil government.