The Law Above the Law

John Warwick Montgomery, The Law Above the Law (Christian Legal Society 1975).

From CILTPP, a brief description (scroll down):

Montgomery presents the case that modern people must begin once again to judge their behaviour, their laws and their legal systems on the basis of God's revelation of right and wrong. Included as the appendix is the complete text of The Testimony of the Evangelists by Professor Simon Greenleaf of Harvard Law School, the great 19th century authority on common-law evidence.

For more about this modern polymath, here's John Warwick Montgomery's website.

The 2008 book Tough-Minded Christianity: Honoring the Legacy of John Warwick Montgomery is an excellent read, too (and not just because of what is says about Montgomery). Take a look at GoogleBooks.

Harold Berman on Legal Education

Harold J. Berman, Faith and Order: The Reconciliation of Law and Religion (Wm. B. Eerdmans Publ'g Co. 1993).

Overall, David Caudill describes Faith and Order as "a 'greatest hits' collection by one of the best law-and-religion scholars of the late twentieth century." His review can be found in the Journal of Law and Religion, pp. 713-17 (Vol. 16, No. 2 (2001)).

Part Three of Faith and Order explores "Theological, Prophetic, and Educational Themes." Two articles, chapters seventeen and eighteen, are worth highlighting for their focus on legal education.

Professor Berman's seventeenth chapter, The Crisis of Legal Education in America, discusses his view that "[l]aw teachers and law students . . . are more one-sided, and more mistaken, in their view of the nature of law than were their predecessors in any other period of American History." He continues by stating that "[w]e have been overwhelmed by the belief that law is politics . . . not in the sense that Aristotle meant when he said law is politics, but more in the sense that Max Weber and V.I. Lenin meant when they said that law is politics, namely, domination." We have forgotten that "law is also morality" and "history." Berman attributes this shift to "[t]he triumph of the positivist theory of law—that law is the will of the lawmaker." This has led to "a deep cynicism about the law."

To counteract this shift, Berman recommends that we recognize the importance of "the ancient Judaic and Christian foundations of our legal tradition." And "we must restore the integrity of our jurisprudential heritage" by joining together again the separate strands of positivism, natural-law theory, and historical jurisprudence.

The eighteenth chapter, Is There Such a Thing—Can There Be Such a Thing—as a Christian Law School?, explores the idea of a Christian law school by examining Notre Dame's history and distinctiveness. Regardless of the law school you attended (or are attending), Berman's description of the prophetic and priestly aspects of being a Christian lawyer are worth considering.

Publication information for Faith and Order can be found at the Center for the Study of Law and Religion website. And here's their blurb:

This book argues that despite the tensions existing in all societies between religious faith and legal order, they inevitably interact. In the course of his discussion Berman traces the history of Western law, exposes the fallacies of law theories that fail to take religion into account, examines key theological, prophetic, and educational themes, and looks at the role of religion in the Soviet and post-Soviet state.

You can also read portions of Faith and Order at GoogleBooks.

Law and Christianity (Symposium at Vanderbilt)

Symposium, Law and Christianity, 10 Vand. L. Rev. 879 (1957).

Includes Samuel E. Stumpf, Theology and Jurisprudence (885); William S. Ellis, The Christian Lawyer as Public Servant (912); and William G. Stringfellow, The Christian Lawyer as Churchman (939), among others.

Law and Christianity (Symposium at Oklahoma)

Symposium, Law and Christianity, 12 Okla. L. Rev. 45 (1959).

This symposium from over fifty years ago raised a number of issues that are still relevant to Christians who study and practice law.

The contributors and their topics included: James A. Pike, Introduction (45); Albert Mollegen, Christ and Law (48); Wilbur G. Katz, Christ and Law (57); Markus Barth, Christ and Law (67); Harold J. Berman, The Influence of Christianity upon the Development of Law (86); John Mulder and Karl Olsson, Christian and Lawyer (113); and Jacques Ellul, Propositions Concerning the Christian Attitude Toward Law (134).

Christian Perspectives on Law and Legal Scholarship

Symposium, Christian Perspectives on Law and Legal Scholarship, 47 J. Leg. Ed. 1 (1997).

Professors Gerard Bradley, David Caudill, David Smolin, and Robert Cochran contributed to this symposium.

More recently, Mark Osler points to an article by Prof. David Skeel, Jr. exploring this topic. Prof. Skeel's article discusses why evangelicals have not contributed much in the way of legal scholarship, and it's worth a read: 57 Emory L.J. 1471 (2008).

Fountain of Justice

John C. H. Wu, Fountain of Justice: A Study in Natural Law (New York, Sheed and Ward, 1955; Taipei, Mei Ya Publications, 1971).

For an excellent (if dated) review, one should read John T. Noonan, Jr.'s piece in the Harvard Law Review. The citation is: John T. Noonan, Jr., Review, 69 Harv. L. Rev. 1519 (1956).

A short biography and bibliography can be found here.

Essays on Faith and Liberal Democracy

Christopher Wolfe, Essays on Faith and Liberal Democracy (University Press of America, l987).

This collection of essays includes a discussion of A Letter Concerning Toleration by Locke as well as Tocqueville’s Democracy in America.

If you would like to learn more about Prof. Wolfe and his scholarship, here's a short biography.

A Covenant to Keep

James Skillen, A Covenant to Keep: Meditations on the Biblical Theme of Justice (CRC Publications and Center for Public Justice, 2000).

Here's a brief blurb from the publisher, the Center for Public Justice:

From the beginning of the creation drama to the second coming of Christ, God is fulfilling the covenant of justice. Carefully searching the scriptures, Dr. James W. Skillen confirms that justice is part of God’s way of governing and fulfilling creation and that we, as caretakers of God’s world, must take an active role in doing justice. This in-depth study will challenge you to do your part in advancing justice in God’s kingdom even as you anticipate its fulfillment at Christ’s climatic return. This is an excellent resource for adult study groups, social justice committees, and individuals that care deeply about the biblical call to do justice in public life. It includes meditations, discussion questions, and tips for action responses.

And here's more about A Covenant to Keep and James Skillen from Byron Borger at Hearts & Minds Books:

[James Skillen] is an old friend of the CCO, one of the world's leading scholars on Abraham Kuyper's reformational worldview and a gem of a political theorist. He is a guy you can trust as civic-minded, truly nonpartisan, concerned with orthodox biblical doctrine and responsible social involvement. Not one to overstate a case or get caught up in flamboyant rhetoric--in other words he ain't like me!--Jim's work at the Center for Public Justice is one of the nation's best-kept secrets, and one of the CCO's most under-utilized allies.

Recently, he compiled what may be 25 years of his Bible studies and devotions inspired by the view of the Scriptures that we call "historical redemptive" and which is best seen in the Promise & Deliverance commentaries. Not moralistic, nor stretching to force the Scriptures to "address" contemporary issues, Covenant to Keep opens up the grand sweep of the Scriptures and shows that public justice and social righteousness is integral to the redemptive work of God in history....This is one of the best Bible studies/devotionals I have ever seen....

The book includes excellent and provocative discussion questions, several really choice case studies of folk who are working hard for justice in particular places, and it is laid out in an orderly, thematic fashion. It is truly a useful handbook to the Bible and a great example of how to read the Bible faithfully, allowing it to illumine our lives, current events and our need for restorative justice.

Idols for Destruction

Herbert Schlossberg, Idols for Destruction: Christian Faith and its Confrontation with American Society (Thomas Nelson 1983).

From a book review by Edmund A. Opitz at The Freeman:

The modern world, as Mr. Schloss-berg perceives it, is steeped in polytheism. Strange gods comprise its pantheon, bearing odd names such as Historicism, Mammon, Humanism, Nature, Power, and Religion. A chapter is devoted to the left-liberal ideologies which constitute, or have infiltrated, these several fields, and well-known apologists advance their best arguments. But after our author has applied his critical analysis his opponents are left without a case. He is an acute critic who seems to have read everything the idol makers have written, and much else besides. With its full index, the book is an encyclopedic survey of contemporary ideologies. It is also an answer, point by point, to much entrenched error. As an iconoclast, Schlossberg is a smashing success as he coolly demolishes one idol after another.

But the net impact of the book is not negative, for the author has a positive philosophy of freedom to replace the dubious notions he criticizes. Schlossberg is equipped with a body of principles explicitly Christian, buttressed by ideas from the writings of men like Mises, Hayek and Friedman.

Edmund A. Opitz, Book Review: Idols For Destruction: Christian Faith And Its Confrontation With American Society by Herbert Schlossberg, The Freeman, April 1984 (Volume: 34, Issue: 4).

The Emergence of Liberty

Douglas F. Kelly, The Emergence of Liberty in the Modern World: The Influence of Calvin on Five Governments from the 16th to the 18th Century (Phillipsburg, N.J.: Presbyterian and Reformed Publishing Co., 1992).

Christian Faith and Modern Democracy

Robert P. Kraynak, Christian Faith and Modern Democracy: God and Politics in the Fallen World (Notre Dame 2001).

This book is a thoughtful, broadly philosophical approach to the relationship between Christianity and American democracy. Kraynak dissects and discerns important principles and movements in philosophical and political history, and he adds his own critique of classical liberalism.

The Law of the Covenant

James B. Jordan, The Law of the Covenant: An Exposition of Exodus 21-23 (Institute for Christian Economics 1984).

This Reformed exposition delivers depth and applications rarely found in modern treatments of the Old Testament law. It is a worth-while introduction to a theonomist view towards Exodus 21-23. One should be sure to read the Introduction by John M. Frame.

Read this book here.

Natural law as "Law"

Russell Hittinger, Natural law as “Law”: Reflections on the Occasion of Veritatis Splendor, 39 Am. J. Juris. 1 (1994).

Professor Hittinger begins by defining “natural law” and then proves the centrality of theology, moral ethics, and law to modern discourse on the topic.

Defending the Declaration

Gary Amos, Defending the Declaration: How the Bible and Christianity Influenced the Writing of the Declaration of Independence (1989).

Professor Amos argues in this book that the Bible and Christianity were the most important influences on the Framers.

Love Your God with All Your Mind

J.P. Moreland, Love Your God with All Your Mind: The Role of Reason in the Life of the Soul (1997).

The best book available on the Christian life of the mind. Moreland argues why the life of the mind is central to the faith, the problems in the church and culture caused by the loss of the concept of the “Christian mind,” and personal and communal solutions.

Reason in the Balance

Phillip E. Johnson, Reason in the Balance: The Case Against Naturalism in Science, Law and Education (1995).

Making a compelling case for rejection of the modern view of the law, education, and scientific inquiry, Professor Johnson argues that “there is a moral order independent of what human rulers may from time to time prefer, and law is just to the extent that it comports with that moral order.” (pp. 38-39).

What We Can't Not Know

J. Budziszewski, What We Can’t Not Know: A Guide (Spence 2003).

One of the finest books on “common truth”—the reality of moral law. Professor Budziszewski hoped to “achieve two things” through the book: First, “to bolster the confidence of plain people in the rational foundations of their common moral sense.” Second, “to present the explanation in such a way that all of the people who think and write about the common truths can achieve a firmer alliance in their defense.” He achieves both goals, and much more. This is both an introduction to apologetics through common truth and a primer on the cultural possibilities of natural law thinking.

Essays in Legal, Social, and Political Philosophy

Herman Dooyeweerd, Essays in Legal, Social, and Political Philosophy (Edward Mellen Press 2001).

Dooyeweerd was a Calvinist law professor and life-long student of the law. He dedicated that study to the integration of faith and learning. His works are still difficult to find, and his Encyclopedia of Legal Science is often difficult reading (especially now, since much of it has not been translated from the Dutch). John Witte calls Dooyeweerd “a premier Christian polymath who commands the attention of scholars in every discipline who seek to integrate faith and learning.” He was a follower of Kuyperian political philosophy, but he goes beyond Kuyper in the depth of his jurisprudence.

You can find excerpts of his work at the Dooyeweerd Centre homepage: http://www.redeemer.on.ca/Dooyeweerd-Centre/dooyew.htm.

Christian Perspectives on Legal Thought

Michael McConnell, Angela Carmella, and Robert Cochran, eds., Christian Perspectives on Legal Thought (Yale University Press 2001).

From the Publisher's Note:

Eminent legal scholars—including Stephen Carter, Thomas Shaffer, Elizabeth Mensch, Gerard Bradley, and Marci Hamilton—describe how various Christian traditions, including the Catholic, Calvinist, Anabaptist, and Lutheran traditions, understand law and justice, society and the state, and human nature and human striving. The book reveals not only the diversity among Christian legal thinkers but also the richness of the Christian tradition as a source for intellectual and ethical approaches to legal inquiry.

If you've read this book, please offer a comment!

Of the Laws of Ecclesiastical Polity

Richard Hooker, Of the Laws of Ecclesiastical Polity (1593).

From Russell Kirk:

Richard Hooker deserves close study—in part because the Anglicans or Episcopalians (and the Methodists who in the eighteenth century branched off from Anglicanism) had much to do with the forming of American thought and custom, and in part because his principles retain enduring value in their own right. In the Christian humanist Hooker, the right reason of Thomas Aquinas was joined with the renewing vigor of the Reformation. . . . . This is a work of religious philosophy, rather than of theology strictly; its political theories have outlasted the immediate controversies that brought forth the treatise.

Russell Kirk, The Roots of American Order 241-42 (3d ed. 1991).

The work is long, and we have been unable to locate an edited version of the political/legal writings of this influential theologian. For a summary of the major themes of his writing, see the continuation of the foregoing discussion in Russell Kirk, The Roots of American Order 240-47 (3d ed. 1991). In addition, many scholarly works address the contributions of Hooker’s theology to legal and political theory. See, e.g., A.P D’Entreves, Medieval Contributions to Political Thought: Thomas Aquinas, Marsilius of Padua, Richard Hooker (1959); and Robert K. Faulkner, Richard Hooker and the Politics of a Christian England (1981).

Read this work here.