John Courtney Murray, We Hold These Truths: Catholic Reflections on the American Proposition (Sheed and Ward 1960).
From the publisher: Murray's...disarmingly lucid and accessible prose has caused his book to be widely cited and celebrated, but it still is not well understood. He wanted to show how distinctively Catholic thought could illuminate the authentic American idea of liberty. . . . We Hold These Truths at least offers the hope that Catholic natural-law thinking can bring together the religious devotion and moral concerns of the evangelicals with the devotion to reason and concern for scientific truth of the secular humanists. It offers the hope of getting Americans really arguing again, of holding again the truth that they are capable of engaging in the dialogue about the human good that is the foundation of any civil and civilized moral and political life.
Note: Rowman & Littlefield Publishers, Inc. published a new edition of this book in 2005.
Showing posts with label Essay. Show all posts
Showing posts with label Essay. Show all posts
Subsidiarity: The “Other” Ground for Limited Government
Christopher Wolfe, Subsidiarity: The “Other” Ground for Limited Government, in Catholicism, Liberalism, and Communitarianism: The Catholic Intellectual Tradition and the Moral Foundations of Democracy 81-96 (Grasso, Bradley, and Hunt eds., 1995).
From the review written by Charles J. Reid, Jr. in the Journal of Law and Religion, Vol. 16, No. 2 (2001), pp. 793-796 (review on p. 794): Christopher Wolfe, in Subsidiarity: The ‘Other’ Ground of Limited Government, questions the soundness of Lockean/libertarian notions of limited government and proposes the Catholic idea of subsidiarity—the principle that centralized power should not take from smaller associations those tasks that can be performed by the smaller groups—can provide a more satisfactory grounding for theories of governmental restraint.
Available from JSTOR.
From the review written by Charles J. Reid, Jr. in the Journal of Law and Religion, Vol. 16, No. 2 (2001), pp. 793-796 (review on p. 794): Christopher Wolfe, in Subsidiarity: The ‘Other’ Ground of Limited Government, questions the soundness of Lockean/libertarian notions of limited government and proposes the Catholic idea of subsidiarity—the principle that centralized power should not take from smaller associations those tasks that can be performed by the smaller groups—can provide a more satisfactory grounding for theories of governmental restraint.
Available from JSTOR.
Caesar's Coin Revisited: Christians and the Limits of Government
Michael Cromartie, ed., Caesar's Coin Revisited: Christians and the Limits of Government (1996).
From Publishers Weekly: “These papers from a conference on the obligation of the Christian citizen to the state explore a variety of responses to Jesus' injunction to "render to Caesar the things that are Caesar's and to God the things that are God's." For example, University of Chicago professor of ethics Jean Bethke Elshtain examines the question of the emperor's sovereignty and the state's power through a reading of Dietrich Bonhoeffer's reaction to Hilter's state. The Cato Institute's Doug Bandow argues for the necessity of a limited government. Each chapter contains responses from all the conference participants with the end result being that Caesar's Coin constructs a meaningful dialogue among thinkers at all points along theological and political continuums."
Note: Al Mohler has also written an interesting essay addressing a particular angle of this topic.
From Publishers Weekly: “These papers from a conference on the obligation of the Christian citizen to the state explore a variety of responses to Jesus' injunction to "render to Caesar the things that are Caesar's and to God the things that are God's." For example, University of Chicago professor of ethics Jean Bethke Elshtain examines the question of the emperor's sovereignty and the state's power through a reading of Dietrich Bonhoeffer's reaction to Hilter's state. The Cato Institute's Doug Bandow argues for the necessity of a limited government. Each chapter contains responses from all the conference participants with the end result being that Caesar's Coin constructs a meaningful dialogue among thinkers at all points along theological and political continuums."
Note: Al Mohler has also written an interesting essay addressing a particular angle of this topic.
Natural Law and Public Reason
Robert George and Christopher Wolfe eds., Natural Law and Public Reason (Georgetown University Press 2000).
From the publisher: "Public reason" is one of the central concepts in modern liberal political theory. As articulated by John Rawls, it presents a way to overcome the difficulties created by intractable differences among citizens' religious and moral beliefs by strictly confining the place of such convictions in the public sphere. Identifying this conception as a key point of conflict, this book presents a debate among contemporary natural law and liberal political theorists on the definition and validity of the idea of public reason. Its distinguished contributors examine the consequences of interpreting public reason more broadly as "right reason," according to natural law theory, versus understanding it in the narrower sense in which Rawls intended. They test public reason by examining its implications for current issues, confronting the questions of abortion and slavery and matters relating to citizenship. This energetic exchange advances our understanding of both Rawls's contribution to political philosophy and the lasting relevance of natural law. It provides new insights into crucial issues facing society today as it points to new ways of thinking about political theory and practice.
From the publisher: "Public reason" is one of the central concepts in modern liberal political theory. As articulated by John Rawls, it presents a way to overcome the difficulties created by intractable differences among citizens' religious and moral beliefs by strictly confining the place of such convictions in the public sphere. Identifying this conception as a key point of conflict, this book presents a debate among contemporary natural law and liberal political theorists on the definition and validity of the idea of public reason. Its distinguished contributors examine the consequences of interpreting public reason more broadly as "right reason," according to natural law theory, versus understanding it in the narrower sense in which Rawls intended. They test public reason by examining its implications for current issues, confronting the questions of abortion and slavery and matters relating to citizenship. This energetic exchange advances our understanding of both Rawls's contribution to political philosophy and the lasting relevance of natural law. It provides new insights into crucial issues facing society today as it points to new ways of thinking about political theory and practice.
Can a Good Christian be a Good Lawyer?
Can a Good Christian be a Good Lawyer?: Homilies, Witnesses, and Reflections (Thomas E. Baker & Timothy W. Floyd eds., 1998).
From the publisher: Law professors Thomas E. Baker and Timothy W. Floyd asked some of their legal colleagues to respond to this provocative question: “Can a good Christian be a good lawyer?” Here are twenty-one highly personal narratives that answer the question of how each writer tries, sometimes but not always successfully, to be both a good Christian and a good lawyer. How does a lawyer called to live the Gospel of Jesus Christ reconcile his or her faith with the secular calling to the legal profession? The editors did not set out to provide some kind of final resolution or unified consensus. Instead, they have compiled a remarkable collection of reflections by lawyers, judges, and academics who represent many different branches of Christianity. The reader is likely to find many role models to emulate and the inspiration to continue to fight the good fight in these accounts grounded in legal and Christian thought. Reading about these real-life ethical dilemmas, conflicting loyalties, and personal difficulties offers the reassurance that others have shared their ongoing struggle to rhyme their career with their faith. Although every lawyer will find Can a Good Christian Be a Good Lawyer? especially meaningful, these essays speak to all persons of faith who strive to practice their beliefs in their work.
From the publisher: Law professors Thomas E. Baker and Timothy W. Floyd asked some of their legal colleagues to respond to this provocative question: “Can a good Christian be a good lawyer?” Here are twenty-one highly personal narratives that answer the question of how each writer tries, sometimes but not always successfully, to be both a good Christian and a good lawyer. How does a lawyer called to live the Gospel of Jesus Christ reconcile his or her faith with the secular calling to the legal profession? The editors did not set out to provide some kind of final resolution or unified consensus. Instead, they have compiled a remarkable collection of reflections by lawyers, judges, and academics who represent many different branches of Christianity. The reader is likely to find many role models to emulate and the inspiration to continue to fight the good fight in these accounts grounded in legal and Christian thought. Reading about these real-life ethical dilemmas, conflicting loyalties, and personal difficulties offers the reassurance that others have shared their ongoing struggle to rhyme their career with their faith. Although every lawyer will find Can a Good Christian Be a Good Lawyer? especially meaningful, these essays speak to all persons of faith who strive to practice their beliefs in their work.
Religion and the Criminal Law: Types and Contexts of Interaction
W. Cole Durham Jr., Religion and the Criminal Law: Types and Contexts of Interaction, in The Weightier Matters of the Law: Essays On Law And Religion 193 (John Witte Jr. & Frank S. Alexander eds., Scholars Press 1988).
Tort Law in the Aristotelian Tradition
James Gordley, Tort Law in the Aristotelian Tradition, in Philosophical Foundations of Tort Law, 132 (David G. Owen ed., 1995).
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.
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.
The Faith of the Founding
Michael Novak, The Faith of the Founding, First Things, April 2003, at 27.
This five-page article simply and powerfully demonstrates that the American ideas of religious freedom and individual rights are distinctly Christian. The forerunners of the Bill of Rights, written by Jefferson, Mason, and Madison, “owe their derivation to a Jewish and Christian worldview, and do not spring from any other.”
Read this resource here.
This five-page article simply and powerfully demonstrates that the American ideas of religious freedom and individual rights are distinctly Christian. The forerunners of the Bill of Rights, written by Jefferson, Mason, and Madison, “owe their derivation to a Jewish and Christian worldview, and do not spring from any other.”
Read this resource here.
The Christian and American Law
H. Wayne House, ed., The Christian and American Law (Kregel 1998).
This volume contains eleven excellent essays under three headings, “How Christianity Has Influenced American Law,” “How Christians Should Relate to American Law,” and How Christians May Influence American Law.” Herbert W. Titus, R.C. Sproul, John Eidsmoe, Carl F.H. Henry, and others provide a variety of reformed perspectives on the topics.
This volume contains eleven excellent essays under three headings, “How Christianity Has Influenced American Law,” “How Christians Should Relate to American Law,” and How Christians May Influence American Law.” Herbert W. Titus, R.C. Sproul, John Eidsmoe, Carl F.H. Henry, and others provide a variety of reformed perspectives on the topics.
Christian Perspectives on Law and Justice
Lynn Robert Buzzard, Christian Perspectives on Law and Justice (Christian Legal Society 1977).
This 15-page monograph is an introduction to the important theoretical issues that will face the Christian law student and lawyer. This work is useful to orient the student for legal study. The chapters include “Religion and the Law,” “Some General Commitments which Inform the Christian Perspective on Law,” and “Some Specific Areas of Christian Concern.”
This 15-page monograph is an introduction to the important theoretical issues that will face the Christian law student and lawyer. This work is useful to orient the student for legal study. The chapters include “Religion and the Law,” “Some General Commitments which Inform the Christian Perspective on Law,” and “Some Specific Areas of Christian Concern.”
Justitia as Justice and Justitia as Righteousness
Jaroslav Pelikan, “Justitia” as Justice and “Justitia” as Righteousness, in Law and Theology 87-98 (Andrew J. Buehner, ed. 1965).
An interesting discussion of Luther’s Commentary on Galatians, implicitly shedding light on the issue of the difference between human “justice” and God’s requirements of “justice.”
An interesting discussion of Luther’s Commentary on Galatians, implicitly shedding light on the issue of the difference between human “justice” and God’s requirements of “justice.”
Kuyper's Lectures on Calvinism
Abraham Kuyper, Lectures on Calvinism 78 – 109 (Eerdmans 1994) (1898).
In 1898, Abraham Kuyper, Calvinist theologian, politician, and journalist, delivered six lectures at Princeton University on the topic of Calvinism. Lecture 3, “Calvinism and Politics,” expounds his “sphere theory” of jurisdiction as it relates to the State and to other social institutions, such as the church and family. Due to its clarity and brevity, it will be useful to time-pressed legal scholar.
Read this Resource.
In 1898, Abraham Kuyper, Calvinist theologian, politician, and journalist, delivered six lectures at Princeton University on the topic of Calvinism. Lecture 3, “Calvinism and Politics,” expounds his “sphere theory” of jurisdiction as it relates to the State and to other social institutions, such as the church and family. Due to its clarity and brevity, it will be useful to time-pressed legal scholar.
Read this Resource.
The Weightier Matters of the Law
The Weightier Matters of the Law: Essays on Law and Religion (John Witte, Jr. & Frank S. Alexander eds., 1988).
This book is a great collection of essays in tribute to Harold J. Berman.
Legal History (pp. 1-170):
This section contains six essays on “Historical Interaction of Law and Religion,” including essays on “Ockham and the Origin of Individual Rights,” “Marriage Law in the Lutheran Reformation,” and “Religion, Law, and Revolution in the Shaping of Harvard College.”
Jurisprudence (pp. 179-335):
This section, "Religious Perspectives on Law," contains seven essays, including: James Luther Adams, Conceptions of Natural Law, From Troeltsch to Berman (179); W. Cole Durham, Jr., Religion and the Criminal Law: Types and Contexts of Interaction (193); John V. Orth, Casting the Priests Out of the Temple: John Austin and the Relation Between Law and Religion (229).
This book is a great collection of essays in tribute to Harold J. Berman.
Legal History (pp. 1-170):
This section contains six essays on “Historical Interaction of Law and Religion,” including essays on “Ockham and the Origin of Individual Rights,” “Marriage Law in the Lutheran Reformation,” and “Religion, Law, and Revolution in the Shaping of Harvard College.”
Jurisprudence (pp. 179-335):
This section, "Religious Perspectives on Law," contains seven essays, including: James Luther Adams, Conceptions of Natural Law, From Troeltsch to Berman (179); W. Cole Durham, Jr., Religion and the Criminal Law: Types and Contexts of Interaction (193); John V. Orth, Casting the Priests Out of the Temple: John Austin and the Relation Between Law and Religion (229).
Natural Law and Contemporary Public Policy
Natural Law and Contemporary Public Policy (David F. Forte ed., 1998).
A collection of articles on natural law theory as it relates to a wide variety of subjects. The authors come from all political and religious perspectives.
A collection of articles on natural law theory as it relates to a wide variety of subjects. The authors come from all political and religious perspectives.
A Preserving Grace
A Preserving Grace: Protestants, Catholics, and Natural Law (Michael Cromartie ed., 1997).
A collection of recent essays by well-known Catholic and Protestant lawyers and scholars. A good introduction to the main issues in modern natural law theory.
A collection of recent essays by well-known Catholic and Protestant lawyers and scholars. A good introduction to the main issues in modern natural law theory.
Homosexuality and American Public Life
Christopher Wolfe, ed. Homosexuality and American Public Life (Spence Publishing 2000).
From the publisher: “Philosophers and lawyers make the definitive case that homosexuality is both a moral and psychological disorder and a matter for compassionate but urgent public concern.” Introduction by William Kristol and afterward by Richard John Neuhaus. Contributors include Robert P. George, Hadley Arkes, Gerard Bradley, Michael Pakaluk, and David Coolidge.
From the publisher: “Philosophers and lawyers make the definitive case that homosexuality is both a moral and psychological disorder and a matter for compassionate but urgent public concern.” Introduction by William Kristol and afterward by Richard John Neuhaus. Contributors include Robert P. George, Hadley Arkes, Gerard Bradley, Michael Pakaluk, and David Coolidge.
The Family, Civil Society, and the State
Christophe Wolfe, ed. The Family, Civil Society, and the State (Rowman and Littlefield, 1998).
A detailed look at the Family and modern social institutions, this book includes essays from a who’s who of lawyers and cultural critics. It is divided into four parts:
The first part of the book explores what is distinctive in the current situation of the family, and offers both optimistic and pessimistic assessments of the family in our time, as well as a historical overview. In the second part, authors look at the family today; demographics, economics, and social pathologies are all discussed. Part three offers analysis of the family and American law, especially the law of divorce, and the fourth part deals with the relationship between the family and two profoundly important facets of the structural framework of American life: our capitalist economic system and the cultural power of the media. Finally, the fifth part surveys the various areas of public policy, and concludes by asking whether, and what, public policy can do for the family. (From the publisher).
A detailed look at the Family and modern social institutions, this book includes essays from a who’s who of lawyers and cultural critics. It is divided into four parts:
The first part of the book explores what is distinctive in the current situation of the family, and offers both optimistic and pessimistic assessments of the family in our time, as well as a historical overview. In the second part, authors look at the family today; demographics, economics, and social pathologies are all discussed. Part three offers analysis of the family and American law, especially the law of divorce, and the fourth part deals with the relationship between the family and two profoundly important facets of the structural framework of American life: our capitalist economic system and the cultural power of the media. Finally, the fifth part surveys the various areas of public policy, and concludes by asking whether, and what, public policy can do for the family. (From the publisher).
Marriage and Same-Sex Unions: A Debate
Lynn D. Wardle, Mark Strasser, et al., eds., Marriage and Same-Sex Unions: A Debate (2003).
The book covers all the bases of the debate in a true “debate” format: one scholar takes one side of the issue, another takes the other, then each responds to the other’s article. The participants are all recognized scholars and/or experts in the arena.
The book covers all the bases of the debate in a true “debate” format: one scholar takes one side of the issue, another takes the other, then each responds to the other’s article. The participants are all recognized scholars and/or experts in the arena.
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