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.
In Volume 1 of Christianity and Freedom, leading historians uncover the unappreciated role of Christianity in the development of basic human rights and freedoms from antiquity through today. These include radical notions of dignity and equality, religious freedom, liberty of conscience, limited government, consent of the governed, economic liberty, autonomous civil society, and church-state separation, as well as more recent advances in democracy, human rights, and human development. Acknowledging that the record is mixed, scholars document how the seeds of freedom in Christianity antedate and ultimately undermine later Christian justifications and practices of persecution. Drawing from history, political science, and sociology, this volume will become a standard reference work for historians, political scientists, theologians, students, journalists, business leaders, opinion shapers, and policymakers.
Volume 2 of Christianity and Freedom illuminates how Christian minorities and transnational Christian networks contribute to the freedom and flourishing of societies across the globe, even amidst pressure and violent persecution. Featuring unprecedented field research by some of the world's most distinguished scholars, it documents the outsized role of Christians in promoting human rights and religious freedom; fighting injustice; stimulating economic equality; providing education, social services, and health care; and nurturing democratic civil society. Readers will come away surprised and sobered to learn how this very Christian link to freedom often invites persecution. What are the dimensions of persecution and how are Christians responding to that pressure? What resources - theological, social, or transnational - do they marshal in leavening their societies? What will be lost if the Christian presence is marginalized? The answers to these questions are of crucial relevance in a
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.
Convening leading scholars to reflect on the practical and philosophical implications of religious values, this volume is an accessible introduction to Catholic social thought on contemporary affairs. Its gracefully written chapters cover three themes - direct environmental policy implications of Laudato Si', philosophical alternatives to dominant policy discourse, and renewed political economy based on robust conceptions of human flourishing. Care for the World offers learned reflections on what it would mean to express an ethic of compassion in an era of climate crises.
The Western tradition has always cherished the family as an essential foundation of a just and orderly society, and thus accorded it special legal and religious protection. Christianity embraced this teaching from the start, and many of the basics of Western family law were shaped by the Christian theologies of nature, sacrament, and covenant. This volume introduces readers to the enduring and evolving Christian norms and teachings on betrothals and weddings; marriage and divorce; women's and children's rights; marital property and inheritance; and human sexuality and intimate relationships. The chapters are authoritatively written but accessible to college and graduate students and scholars, as well as clergy and laity. While alert to the hot button issues of sexual liberty today, the contributing authors let the historical figures speak for themselves about what Christianity has and can contribute to the protection and guidance of our most intimate association.
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.
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.
Leading legal scholar John Witte, Jr. explores the role religion played in the development of rights in the Western legal tradition and traces the complex interplay between human rights and religious freedom norms in modern domestic and international law. He examines how US courts are moving towards greater religious freedom, while recent decisions of the pan-European courts in Strasbourg and Luxembourg have harmed new religious minorities and threatened old religious traditions in Europe. Witte argues that the robust promotion and protection of religious freedom is the best way to protect many other fundamental rights today, even though religious freedom and other fundamental rights sometimes clash and need judicious balancing. He also responds to various modern critics who see human rights as a betrayal of Christianity and religious freedom as a betrayal of human rights.
In Volume 1 of Christianity and Freedom, leading historians uncover the unappreciated role of Christianity in the development of basic human rights and freedoms from antiquity through today. These include radical notions of dignity and equality, religious freedom, liberty of conscience, limited government, consent of the governed, economic liberty, autonomous civil society, and church-state separation, as well as more recent advances in democracy, human rights, and human development. Acknowledging that the record is mixed, scholars document how the seeds of freedom in Christianity antedate and ultimately undermine later Christian justifications and practices of persecution. Drawing from history, political science, and sociology, this volume will become a standard reference work for historians, political scientists, theologians, students, journalists, business leaders, opinion shapers, and policymakers.
Religious freedom is one of the most debated and controversial human rights in contemporary public discourse. At once a universally held human right and a flash point in the political sphere, religious freedom has resisted scholarly efforts to define its parameters. Taliaferro explores a different way of examining the tensions between the aims of religion and the needs of political communities, arguing that religious freedom is a uniquely difficult human right to uphold because it rests on two competing conceptions, human and divine. Drawing on classical natural law, Taliaferro expounds a new, practical theory of religious freedom for the modern world. By examining conceptions of law such as Sophocles' Antigone, Maimonides' Guide of the Perplexed, Ibn Rushd's Middle Commentary on Aristotle's Rhetoric, and Tertullian's writings, The Possibility of Religious Freedom explains how expanding our notion of law to incorporate such theories can mediate conflicts of human and divine law and
Convening leading scholars to reflect on the practical and philosophical implications of religious values, this volume is an accessible introduction to Catholic social thought on contemporary affairs. Its gracefully written chapters cover three themes - direct environmental policy implications of Laudato Si', philosophical alternatives to dominant policy discourse, and renewed political economy based on robust conceptions of human flourishing. Care for the World offers learned reflections on what it would mean to express an ethic of compassion in an era of climate crises.
Speaking to today's flourishing conversations on both law, morality, and religion, and the religious foundations of law, politics, and society, Common Law and Natural Law in America is an ambitious four-hundred-year narrative and fresh re-assessment of the varied American interactions of 'common law', the stuff of courtrooms, and 'natural law', a law built on human reason, nature, and the mind or will of God. It offers a counter-narrative to the dominant story of common law and natural law by drawing widely from theological and philosophical accounts of natural law, as well as primary and secondary work in legal and intellectual history. With consequences for today's natural-law proponents and critics alike, it explores the thought of the Puritans, Revolutionary Americans, and seminal legal figures including William Blackstone, Joseph Story, Christopher Columbus Langdell, Oliver Wendell Holmes, and the legal realists.
The Great Christian Jurists series comprises a library of national volumes of detailed biographies of leading jurists, judges and practitioners, assessing the impact of their Christian faith on the professional output of the individuals studied. Little has previously been written about the faith of the great judges who framed and developed the English common law over centuries, but this unique volume explores how their beliefs were reflected in their judicial functions. This comparative study, embracing ten centuries of English law, draws some remarkable conclusions as to how Christianity shaped the views of lawyers and judges. Adopting a long historical perspective, this volume also explores the lives of judges whose practice in or conception of law helped to shape the Church, its law or the articulation of its doctrine.
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.
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.
Among the contributions of the medieval church to western culture was the idea that marriage was one of the seven sacraments, which defined the role of married folk in the church. Although it had ancient roots, this new way of regarding marriage raised many problems, to which scholastic theologians applied all their ingenuity. By the late Middle Ages, the doctrine was fully established in Christian thought and practice but not yet as dogma. In the sixteenth century, with the entire Catholic teaching on marriage and celibacy and its associated law and jurisdiction under attack by the Protestant reformers, the Council of Trent defined the doctrine as a dogma of faith for the first time but made major changes to it. Rather than focusing on a particular aspect of intellectual and institutional developments, this book examines them in depth and in detail from their ancient precedents to the Council of Trent.
Today in the United States, millions of men, women, and children are considered 'illegal aliens' under federal law. While the presence of these migrants runs against the law, many arrive in response to US demand for cheap labor and stay to contribute to community life. This book asks where migrants stand within God's world and how authorities can govern immigration with Christian ethics. The author tracks the emergence of the concept of the illegal alien in federal US law while exploring Christian ways of understanding belonging, government, and relationships with neighbors. This is a thought-provoking book that provides a fresh response to the difficult issue of illegal immigration in the United States through the context of Christian theology.
Today in the United States, millions of men, women, and children are considered 'illegal aliens' under federal law. While the presence of these migrants runs against the law, many arrive in response to US demand for cheap labor and stay to contribute to community life. This book asks where migrants stand within God's world and how authorities can govern immigration with Christian ethics. The author tracks the emergence of the concept of the illegal alien in federal US law while exploring Christian ways of understanding belonging, government, and relationships with neighbors. This is a thought-provoking book that provides a fresh response to the difficult issue of illegal immigration in the United States through the context of Christian theology.
