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The Law and Christianity series publishes cutting-edge work on Catholic, Protestant, and Orthodox Christian contributions to public, private, penal, and procedural law and legal theory. The series aims to promote deep Christian reflection by leading scholars on the fundamentals of law and politics, to build further ecumenical legal understanding across Christian denominations, and to link and amplify the diverse and sometimes isolated Christian legal voices and visions at work in the academy. Works collected by the series include groundbreaking monographs, historical and thematic anthologies, and translations by leading scholars around the globe.

  • General Editors: John Witte, Jr, Emory University, Atlanta

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33 results in Law and Christianity

Page 1 of 2

The Blessings of Liberty
  • Human Rights and Religious Freedom in the Western Legal Tradition
  • John Witte, Jr.
  • Published online:
    28 October 2021
    Print publication:
    04 November 2021
  • 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.

Great Christian Jurists in the Low Countries
  • Edited by Wim Decock, Janwillem Oosterhuis
  • Published online:
    16 September 2021
    Print publication:
    07 October 2021
  • What impact has Christianity had on law and policies in the Lowlands from the eleventh century through the end of the twentieth century? Taking the gradual 'secularization' of European legal culture as a framework, this volume explores the lives and times of twenty legal scholars and professionals to study the historical impact of the Christian faith on legal and political life in the Low Countries. The process whereby Christian belief systems gradually lost their impact on the regulation of secular affairs passed through several stages, not in the least the Protestant Reformation, which led to the separation of the Low Countries in a Protestant North and a Catholic South in the first place. The contributions take up general issues such as the relationship between justice and mercy, Christianity and politics as well as more technical topics of state-church law, criminal law and social policy.

Christianity and Market Regulation
  • An Introduction
  • Edited by Daniel A. Crane, Samuel Gregg
  • Published online:
    18 June 2021
    Print publication:
    08 July 2021
  • Historically, the Christian tradition has played an influential role in Western economic thought concerning the regulation of markets, but, with the fracturing of the Christian tradition following the Reformation, the decline of Christian influence in academia, and the increasing specialization of economic analysis, that influence has become increasingly opaque. This volume brings together an interdisciplinary team of prominent academic experts on market regulation from four different continents and various faith traditions to reconsider the impact of Christianity on market regulation. Drawing on law, economics, history, theology, philosophy, and political theory, the authors consider both general questions of market regulation and particular regulatory fields such as bankruptcy, corporate law, and antitrust from a Christian perspective.

Christianity and the Laws of Conscience
  • An Introduction
  • Edited by Jeffrey B. Hammond, Helen M. Alvare
  • Published online:
    12 June 2021
    Print publication:
    24 June 2021
  • 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.

Christianity and International Law
  • An Introduction
  • Edited by Pamela Slotte, John D. Haskell
  • Published online:
    17 May 2021
    Print publication:
    20 May 2021
  • This cross-disciplinary collaboration offers historical and contemporary scholarship exploring the interface of Christianity and international law. Christianity and International Law aims to understand and move past arguments, narratives and tropes that commonly frame law-religion studies in global governance. Readers are introduced to a range of confessional and critical perspectives explicitly engaging a diverse range of methodological and theoretical orientations to rethink how we experience and find ourselves caught within the phenomena of Christianity and international law.

Infidels and Empires in a New World Order
  • Early Modern Spanish Contributions to International Legal Thought
  • David M. Lantigua
  • Published online:
    11 June 2020
    Print publication:
    18 June 2020
  • Before international relations in the West, there were Christian-infidel relations. Infidels and Empires in a New World Order decenters the dominant story of international relations beginning with Westphalia in 1648 by looking a century earlier to the Spanish imperial debate at Valladolid addressing the conversion of native peoples of the Americas. In addition to telling this crucial yet overlooked story from the colonial margins of Western Europe, this book examines the Anglo-Iberian Atlantic to consider how the ambivalent status of the infidel other under natural law and the law of nations culminating at Valladolid shaped subsequent international relations in explicit but mostly obscure ways. From Hernán Cortés to Samuel Purchas, and Bartolomé de las Casas to New England Puritans, a host of unconventional colonial figures enter into conversation with Francisco de Vitoria, Hugo Grotius, and John Locke to reveal astonishing religious continuities and dissonances in early modern international legal thought with important implications for contemporary global society.

The Possibility of Religious Freedom
  • Early Natural Law and the Abrahamic Faiths
  • Karen Taliaferro
  • Published online:
    07 October 2019
    Print publication:
    17 October 2019
  • 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 provide a solid foundation for religious liberty in modernity's pluralism.

Catholic Social Teaching
  • A Volume of Scholarly Essays
  • Edited by Gerard V. Bradley, E. Christian Brugger
  • Published online:
    12 July 2019
    Print publication:
    01 August 2019
  • Catholic social teaching (CST) refers to the corpus of authoritative ecclesiastical teaching, usually in the form of papal encyclicals, on social matters, beginning with Pope Leo XIII's Rerum Novarum (1891) and running through Pope Francis. CST is not a social science and its texts are not pragmatic primers for social activists. It is a normative exercise of Church teaching, a kind of comprehensive applied - although far from systematic - social moral theology. This volume is a scholarly engagement with this 130-year-old documentary tradition. Its twenty-three essays aim to provide a constructive, historically sophisticated, critical exegesis of all the major (and some of the minor) documents of CST. The volume's appeal is not limited to Catholics, or even just to those who embrace, or who are seriously interested in, Christianity. Its appeal is to any scholar interested in the history or content of modern CST.

Law, Love and Freedom
  • From the Sacred to the Secular
  • Joshua Neoh
  • Published online:
    24 June 2019
    Print publication:
    04 July 2019
  • How does one lead a life of law, love, and freedom? This inquiry has very deep roots in the Judeo-Christian tradition. Indeed, the divergent answers to this inquiry mark the transition from Judeo to Christian. This book returns to those roots to trace the twists and turns that these ideas have taken as they move from the sacred to the secular. It relates our most important mode of social organization, law, to two of our most cherished values, love and freedom. In this book, Joshua Neoh sketches the moral vision that underlies our modern legal order and traces our secular legal ideas (constitutionalism versus anarchism) to their theological origins (monasticism versus antinomianism). Law, Love, and Freedom brings together a diverse cast of characters, including Paul and Luther, Augustine and Aquinas, monks and Gnostics, and constitutionalists and anarchists. This book is valuable to any lawyers, philosophers, theologians and historians, who are interested in law as a humanistic discipline.

The Immortal Commonwealth
  • Covenant, Community, and Political Resistance in Early Reformed Thought
  • David P. Henreckson
  • Published online:
    24 June 2019
    Print publication:
    04 July 2019
  • In the midst of intense religious conflict in the late sixteenth and early seventeenth century, theological and political concepts converged in remarkable ways. Incited by the slaughter of French Protestants in the Saint Bartholomew's Day Massacre, Reformed theologians and lawyers began to marshal arguments for political resistance. These theological arguments were grounded in uniquely religious conceptions of the covenant, community, and popular sovereignty. While other works of historical scholarship have focused on the political and legal sources of this strain of early modern resistance literature, The Immortal Commonwealth examines the frequently overlooked theological sources of these writings. It reveals how Reformed thinkers such as Heinrich Bullinger, John Calvin, Theodore Beza, and Johannes Althusius used traditional theological conceptions of covenant and community for surprisingly radical political ends.

Great Christian Jurists in American History
  • Edited by Daniel L. Dreisbach, Mark David Hall
  • Published online:
    24 June 2019
    Print publication:
    04 July 2019
  • From the early days of European settlement in North America, Christianity has had a profound impact on American law and culture. This volume profiles nineteen of America's most influential Christian jurists from the early colonial era to the present day. 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 will enjoy this worthy and unique study. The jurists covered in this collection were pious men and women, but that does not mean they agreed on how faith should inform law. From Roger Williams and John Cotton to Antonin Scalia and Mary Ann Glendon, America's great Christian jurists have brought their faith to bear on the practice of law in different ways and to different effects.

Great Christian Jurists and Legal Collections in the First Millennium
  • Edited by Philip L. Reynolds
  • Published online:
    21 June 2019
    Print publication:
    27 June 2019
  • Great Christian Jurists and Legal Collections in the First Millennium is a systematic collection of essays describing how Christian leaders and scholars of the first millennium in the West contributed to law and jurisprudence and used written norms and corrective practices to maintain social order and to guide people from this life into the next. With chapters on topics such as Roman and post-Roman law, church councils, the papacy, and the relationship between royal and ecclesiastical authority, as well as on individual authors such as Lactantius, Ambrosiaster, Augustine, Leo I, Gelasius I, and Gregory the Great, this book invites a more holistic and realistic appreciation of early-medieval contributions to the history of law and jurisprudence for entry-level students and scholars alike. Great Christian Jurists and Legal Collections in the First Millennium provides a fresh look, from a new perspective, enabling readers to see these familiar authors in a fresh light.

Care for the World
  • Laudato Si' and Catholic Social Thought in an Era of Climate Crisis
  • Edited by Frank Pasquale
  • Published online:
    31 May 2019
    Print publication:
    20 June 2019
  • 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 Profession of Ecclesiastical Lawyers
  • An Historical Introduction
  • R. H. Helmholz
  • Published online:
    14 May 2019
    Print publication:
    09 May 2019
  • Historians of the English legal profession have written comparatively little about the lawyers who served in the courts of the Church. This volume fills a gap; it investigates the law by which they were governed and discusses their careers in legal practice. Using sources drawn from the Roman and canon laws and also from manuscripts found in local archives, R. H. Helmholz brings together previously published work and new evidence about the professional careers of these men. His book covers the careers of many lesser known ecclesiastical lawyers, dealing with their education in law, their reaction to the coming of the Reformation, and their relationship with English common lawyers on the eve of the Civil War. Making connections with the European ius commune, this volume will be of special interest to English and Continental legal historians, as well as to students of the relationship between law and religion.

Great Christian Jurists in French History
  • Edited by Olivier Descamps, Rafael Domingo
  • Published online:
    10 May 2019
    Print publication:
    16 May 2019
  • French legal culture, from the Middle Ages to the present day, has had an impressive influence on legal norms and institutions that have emerged in Europe and the Americas, as well as in Asian and African countries. This volume examines the lives of twenty-seven key legal thinkers in French history, with a focus on how their Christian faith and ideals were a factor in framing the evolution of French jurisprudence. Professors Olivier Descamps and Rafael Domingo bring together this diverse group of distinguished legal scholars and historians to provide a unique comparative study of law and religion that will be of value to scholars, lawyers, and students. The collaboration among French and non-French scholars, and the diversity of international and methodological perspectives, gives this volume its own unique character and value to add to this fascinating series.

Church, State, and Family
  • Reconciling Traditional Teachings and Modern Liberties
  • John Witte, Jr.
  • Published online:
    08 April 2019
    Print publication:
    11 April 2019
  • This book defends the fundamental place of the marital family in modern liberal societies. While applauding modern sexual freedoms, John Witte, Jr also defends the traditional Western teaching that the marital family is an essential cradle of conscience, chrysalis of care, and cornerstone of ordered liberty. He thus urges churches, states, and other social institutions to protect and promote the marital family. He encourages reticent churches to embrace the rights of women and children, as Christians have long taught, and encourages modern states to promote responsible sexual freedom and family relations, as liberals have long said. He counsels modern churches and states to share in family law governance, and to resist recent efforts to privatize, abolish, or radically expand the marital family sphere. Witte also invites fellow citizens to end their bitter battles over same-sex marriage and tend to the vast family field that urgently needs concerted attention and action.

Common Law and Natural Law in America
  • From the Puritans to the Legal Realists
  • Andrew Forsyth
  • Published online:
    05 April 2019
    Print publication:
    11 April 2019
  • 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.

Church Law in Modernity
  • Toward a Theory of Canon Law between Nature and Culture
  • Judith Hahn
  • Published online:
    15 March 2019
    Print publication:
    28 March 2019
  • 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.

Great Christian Jurists in Spanish History
  • Edited by Rafael Domingo, Javier Martínez-Torrón
  • Published online:
    24 April 2018
    Print publication:
    10 May 2018
  • 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. Spanish legal culture, developed during the Spanish Golden Age, has had a significant influence on the legal norms and institutions that emerged in Europe and in Latin America. This volume examines the lives of twenty key personalities in Spanish legal history, in particular how their Christian faith was a factor in molding the evolution of law. Each chapter discusses a jurist within his or her intellectual and political context. All chapters have been written by distinguished legal scholars from Spain and around the world. This diversity of international and methodological perspectives gives the volume its unique character; it will appeal to scholars, lawyers, and students interested in the interplay between religion and law.

Under Caesar's Sword
  • How Christians Respond to Persecution
  • Edited by Daniel Philpott, Timothy Samuel Shah
  • Published online:
    26 February 2018
    Print publication:
    15 March 2018
  • The global persecution of Christians is an urgent human rights issue that remains underreported. This volume presents the results of the first systematic global investigation into how Christians respond to persecution. World-class scholars of global Christianity present first-hand research from most of the sites of the harshest persecution as well as the West and Latin America. Their findings make clear the nature of persecution, the reasons for it, Christian responses to it - both non-violent and confrontational - and the effects of these responses. Motivating the volume is the hope that this knowledge will empower all who would exercise solidarity with the world's persecuted Christians and will offer the victims strategies for a more effective response. This book is written for anyone concerned about the persecution of Christians or more generally about the human right of religious freedom, including scholars, activists, political and religious leaders, and those who work for international organizations.

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