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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

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God and the Illegal Alien
  • United States Immigration Law and a Theology of Politics
  • Robert W. Heimburger
  • Published online:
    08 December 2017
    Print publication:
    21 December 2017
  • 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.

Christianity and Family Law
  • An Introduction
  • Edited by John Witte, Jr, Gary S. Hauk
  • Published online:
    12 October 2017
    Print publication:
    12 October 2017
  • 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.

Christianity and Natural Law
  • An Introduction
  • Edited by Norman Doe
  • Published online:
    27 July 2017
    Print publication:
    20 July 2017
  • 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.

Agape, Justice, and Law
  • How Might Christian Love Shape Law?
  • Edited by Robert F. Cochran, Jr, Zachary R. Calo
  • Published online:
    04 July 2017
    Print publication:
    25 May 2017
  • In a provocative essay, philosopher Jeffrie G. Murphy asks: 'what would law be like if we organized it around the value of Christian love, and if we thought about and criticized law in terms of that value?'. This book brings together leading scholars from a variety of disciplines to address that question. Scholars have given surprisingly little attention to assessing how the central Christian ethical category of love - agape - might impact the way we understand law. This book aims to fill that gap by investigating the relationship between agape and law in Scripture, theology, and jurisprudence, as well as applying these insights to contemporary debates in criminal law, tort law, elder law, immigration law, corporate law, intellectual property, and international relations. At a time when the discourse between Christian and other world views is more likely to be filled with hate than love, the implications of agape for law are crucial.

Great Christian Jurists in English History
  • Edited by Mark Hill, R. H. Helmholz
  • Published online:
    15 June 2017
    Print publication:
    09 June 2017
  • 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.

Calvin's Political Theology and the Public Engagement of the Church
  • Christ's Two Kingdoms
  • Matthew J. Tuininga
  • Published online:
    06 April 2017
    Print publication:
    06 April 2017
  • 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.

How Marriage Became One of the Sacraments
  • The Sacramental Theology of Marriage from its Medieval Origins to the Council of Trent
  • Philip L. Reynolds
  • Published online:
    05 June 2016
    Print publication:
    30 June 2016
  • 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.

God and the Secular Legal System
  • Rafael Domingo
  • Published online:
    05 May 2016
    Print publication:
    29 September 2016
  • 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.

Christianity and Freedom
  • Volume 1, Historical Perspectives
  • Edited by Timothy Samuel Shah, Allen D. Hertzke
  • Published online:
    05 May 2016
    Print publication:
    26 April 2016
  • 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.

Christianity and Freedom
  • Volume 2, Contemporary Perspectives
  • Edited by Allen D. Hertzke, Timothy Samuel Shah
  • Published online:
    05 February 2016
    Print publication:
    15 February 2016
  • 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 world awash with religious extremism and deepening instability.

The Distinctiveness of Religion in American Law
  • Rethinking Religion Clause Jurisprudence
  • Kathleen A. Brady
  • Published online:
    05 August 2015
    Print publication:
    23 July 2015
  • 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.

The Western Case for Monogamy over Polygamy
  • John Witte, Jr
  • Published online:
    05 May 2015
    Print publication:
    30 April 2015
  • For more than 2,500 years, the Western tradition has embraced monogamous marriage as an essential institution for the flourishing of men and women, parents and children, society and the state. At the same time, polygamy has been considered a serious crime that harms wives and children, correlates with sundry other crimes and abuses, and threatens good citizenship and political stability. The West has thus long punished all manner of plural marriages and denounced the polygamous teachings of selected Jews, Muslims, Anabaptists, Mormons, and others. John Witte, Jr carefully documents the Western case for monogamy over polygamy from antiquity until today. He analyzes the historical claims that polygamy is biblical, natural, and useful alongside modern claims that anti-polygamy laws violate personal and religious freedom. While giving the pro and con arguments a full hearing, Witte concludes that the Western historical case against polygamy remains compelling and urges Western nations to hold the line on monogamy.

Pope Benedict XVI's Legal Thought
  • A Dialogue on the Foundation of Law
  • Edited by Marta Cartabia, Andrea Simoncini
  • Published online:
    05 February 2015
    Print publication:
    05 March 2015
  • Throughout Pope Emeritus Benedict XVI's pontificate he spoke to a range of political, civil, academic, and other cultural authorities. These speeches reveal a striking sensitivity to the fundamental problems of law, justice, and democracy. He often presented a call for Christians to address issues of public ethics such as life, death, and family from what they have in common with other fellow citizens: reason. This book discusses the speeches in which the Pope Emeritus reflected most explicitly on this issue, along with commentary from distinguished legal scholars. It responds to Benedict's invitation to engage in public discussion on the limits of positivist reason in the domain of law from his address to the Bundestag. Although the topics of each address vary, they are joined by a series of core ideas whereby Benedict sketches, unpacks, and develops an organic and coherent way to formulate a 'public teaching' on justice and law.

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