David M. Smolin, A House Divided? Anabaptist and Lutheran Perspectives on the Sword, 47 J. Legal Educ. 28 (1997).
From Smolin’s introduction:
“Christian law teachers deal with one question that would be no different if we taught history or sociology: what does Jerusalem (our religious faith) have to do with Athens (the academy)? But, because we are law teachers, there is an additional question we must answer: what does Jerusalem have to do with Rome (the state)? . . . We are children of the notion that an entire civilization--including the sword, including government, including force and war--can be Christian, even though we worship a Lord who declined a political kingdom and went to die on the cross. Many theological traditions have wrestled with this dilemma; I will emphasize here the Lutheran and Anabaptist perspectives, and then compare them to Roman Catholic and Calvinistic approaches."
Showing posts with label Law Review Article. Show all posts
Showing posts with label Law Review Article. Show all posts
Some Religiously-Devout Justices, Civil Religion, and the Culture War
Christopher Wolfe, Some Religiously-Devout Justices, Civil Religion, and the Culture War, 81 Marq. L. Rev. 427 (1998).
The Ideal of a (Catholic) Law School
Christopher Wolfe, The Ideal of a (Catholic) Law School, 78 Marq. L. Rev. 487 (1995).
A Lawyer’s Miscellany: Scriptural Resources for Christian Lawyers
Joseph A. Allegretti, A Lawyer’s Miscellany: Scriptural Resources for Christian Lawyers, 26 Fordham Urb. L. J. 1183 (1999).
Faith and the Law
Symposium, Faith and the Law, 27 Tex. Tech. L. Rev. 911 (1996).
More than forty lawyers and law professors share how their faiths have influenced their practice and lives in the law.
More than forty lawyers and law professors share how their faiths have influenced their practice and lives in the law.
The Relevance of Religion to a Lawyer’s Work: An Interfaith Conference
Symposium, The Relevance of Religion to a Lawyer’s Work: An Interfaith Conference, 66 Fordham L. Rev. 1075 (1998).
From the Foreword by Russell G. Pearce: Interest in the relevance of religion to a lawyer's work is no longer limited to a small group of legal academics. Religious lawyering today become a full fledged movement drawing upon a sizeable and significant body of scholarship, and attracting the attention of a growing number of lawyers and judges. In bringing together lawyers, legal scholars, clergy, and theologians from a variety of faiths including no faith at all-to examine the implications of religion for lawyers, this conference marks another milestone for the religion and lawyering movement. It offers a comprehensive series of articles and essays exploring the implications of religion for lawyering with regard to both broad theoretical issues and specific ethical questions. It also offers a series of agendas for scholarship, teaching, bar programs, and congregational activities.
Note: The table of contents for this Fordham Law Review symposium article is available here.
From the Foreword by Russell G. Pearce: Interest in the relevance of religion to a lawyer's work is no longer limited to a small group of legal academics. Religious lawyering today become a full fledged movement drawing upon a sizeable and significant body of scholarship, and attracting the attention of a growing number of lawyers and judges. In bringing together lawyers, legal scholars, clergy, and theologians from a variety of faiths including no faith at all-to examine the implications of religion for lawyers, this conference marks another milestone for the religion and lawyering movement. It offers a comprehensive series of articles and essays exploring the implications of religion for lawyering with regard to both broad theoretical issues and specific ethical questions. It also offers a series of agendas for scholarship, teaching, bar programs, and congregational activities.
Note: The table of contents for this Fordham Law Review symposium article is available here.
Christian Conciliation: An Alternative to Ordinary ADR
Glenn G. Waddell & Judith M. Keegan, Christian Conciliation: An Alternative to Ordinary ADR, 29 Colum. L. Rev. 583 (1998-99).
Available online from Peacemaker Ministries.
Available online from Peacemaker Ministries.
The Death Penalty: A Philosophical and Theological Perspective
Colloquium, The Death Penalty: A Philosophical and Theological Perspective, 30 J. Marshall L. Rev. 463 (Winter 1997).
Note especially the presentation by Walter Berns.
Note especially the presentation by Walter Berns.
The Christian Executioner: Reconciling “An Eye for An Eye” with “Turn the Other Cheek”
Jill Jones, The Christian Executioner: Reconciling “An Eye for An Eye” with “Turn the Other Cheek,” 27 Pepp. L. Rev. 127 (1999).
Should a Christian Lawyer Serve the Guilty?
Thomas L. Shaffer, Should a Christian Lawyer Serve the Guilty?, 23 Ga. L. Rev. 1021 (Summer 1986).
On this topic, see also Michael P. Schutt, What’s a Nice Christian Like You Doing in a Profession Like This?, 11 Regent U. L. Rev. 137 (1998-99).
On this topic, see also Michael P. Schutt, What’s a Nice Christian Like You Doing in a Profession Like This?, 11 Regent U. L. Rev. 137 (1998-99).
Of Marriage and Monks, Community and Dialogue
Patrick McKinley Brennan, Of Marriage and Monks, Community and Dialogue, 48 Emory L. J. 689 (1999). (Reviewing John Witte Jr., From Sacrament to Contract: Marriage, Religion, and Law in the Western Tradition (Westminster John Knox Press 1997)). (Invited).
A Reply to Drs. Carlson and Hitchcock: Still a Fool’s Game—The Mistaken Pursuit of Family Virtue through Politics and Law
Douglas W. Kmiec, A Reply to Drs. Carlson and Hitchcock: Still a Fool’s Game—The Mistaken Pursuit of Family Virtue through Politics and Law, 10 Notre Dame J. L. Ethics & Pub. Pol. 647 (1996) (book review).
Natural Law Theory and the Law of Nations: Some Theoretical Considerations
James V. Schall, Natural Law Theory and the Law of Nations: Some Theoretical Considerations, 15 Fordham Int’l L. J. 997 (1991-92).
Church, State, and International Human Rights: A Theological Appraisal
David M. Smolin, Church, State, and International Human Rights: A Theological Appraisal, 73 Notre Dame L. Rev. 1515 (May-July 1998).
From the author's introduction: The purpose of this essay is to suggest the attitude that Christianity, as one of the great world religions claiming the allegiance of perhaps a third of humanity,' ought to adopt toward the international human rights movement. My thesis is that the Christian church should maintain a clear distinction between her mission and language and those of the human rights movement. The church is called to engage the various ideologies, religions, and powers in this world, an engagement that often includes learning from and appreciating the relative good within non-Christian movements, religions, and ideologies. The church's engagement with these various religions, ideologies, and powers should identify and further common values, goods, and goals based upon our common humanity and congruencies in belief and practice; these engagements must not, however, obscure the distinctive claims of the Christian faith.
From the author's introduction: The purpose of this essay is to suggest the attitude that Christianity, as one of the great world religions claiming the allegiance of perhaps a third of humanity,' ought to adopt toward the international human rights movement. My thesis is that the Christian church should maintain a clear distinction between her mission and language and those of the human rights movement. The church is called to engage the various ideologies, religions, and powers in this world, an engagement that often includes learning from and appreciating the relative good within non-Christian movements, religions, and ideologies. The church's engagement with these various religions, ideologies, and powers should identify and further common values, goods, and goals based upon our common humanity and congruencies in belief and practice; these engagements must not, however, obscure the distinctive claims of the Christian faith.
Beyond Positivism: A Theological Perspective
Frank S. Alexander, Beyond Positivism: A Theological Perspective, 20 Ga. L. Rev. 1089 (Summer 1986).
From the author's introduction: Contemporary American legal scholars who oppose positivism have not generally attempted to set forth in any systematic way their own theories of human nature. They have sometimes discussed questions relating to individuality, to community, or to the pur- posive nature of existence, but they have generally neglected at least one of these three topics. To illustrate this, and to explore its implications, I have chosen three examples. The first, Philip Soper, while offering a strong concept of individuality, develops only a weak concept of community, and largely ignores the concept of purpose. The second, Michael Perry, offers a strong concept of community but a weak and undifferentiated concept of individuality, and an even weaker sense of purpose. Lon Fuller, in contrast to the other two, develops each of these three concepts, but his concept of community is abstract and he fails to give substantive content to his concept of purpose. Because of its general weakness in the sphere of ontology, contemporary American legal thought--nonpositivist as well as positivist--would benefit greatly from theology. Theology undertakes as one of its major pursuits an inquiry into the nature of individual and collective being. The theological concepts of creation, covenant, and redemption as expressed in the Judaic-Christian tradition are directly related to, and indeed have helped to form, our assumptions concerning the nature of the individual person and of the community.
From the author's introduction: Contemporary American legal scholars who oppose positivism have not generally attempted to set forth in any systematic way their own theories of human nature. They have sometimes discussed questions relating to individuality, to community, or to the pur- posive nature of existence, but they have generally neglected at least one of these three topics. To illustrate this, and to explore its implications, I have chosen three examples. The first, Philip Soper, while offering a strong concept of individuality, develops only a weak concept of community, and largely ignores the concept of purpose. The second, Michael Perry, offers a strong concept of community but a weak and undifferentiated concept of individuality, and an even weaker sense of purpose. Lon Fuller, in contrast to the other two, develops each of these three concepts, but his concept of community is abstract and he fails to give substantive content to his concept of purpose. Because of its general weakness in the sphere of ontology, contemporary American legal thought--nonpositivist as well as positivist--would benefit greatly from theology. Theology undertakes as one of its major pursuits an inquiry into the nature of individual and collective being. The theological concepts of creation, covenant, and redemption as expressed in the Judaic-Christian tradition are directly related to, and indeed have helped to form, our assumptions concerning the nature of the individual person and of the community.
America’s “Culture War”—The Sinister Denial of Virtue and the Decline of Natural Law
Douglas W. Kmiec, America’s “Culture War”—The Sinister Denial of Virtue and the Decline of Natural Law, 13 St. Louis U. Pub. L. Rev. 183 (1993).
The Possibility of a Christian Jurisprudence
Jonathan Edward Maire, The Possibility of a Christian Jurisprudence, 40 Am. J. Juris. 101 (1995).
The Intellectual Context of Natural Law
James V. Schall, The Intellectual Context of Natural Law, 38 Am. J. Juris. 85 (1993).
From the author's introduction:
The subject of natural law, though one of the really fascinating subjects of our philosophic and legal tradition, is not widely considered today even in law schools or political science departments, let alone in philosophic or theological treatises, all of which actually have something to say about the subject. However, it is a perennial theme of remarkable vigor and interest to those perceptive thinkers who are brave enough to reconsider the topic.
From the author's introduction:
The subject of natural law, though one of the really fascinating subjects of our philosophic and legal tradition, is not widely considered today even in law schools or political science departments, let alone in philosophic or theological treatises, all of which actually have something to say about the subject. However, it is a perennial theme of remarkable vigor and interest to those perceptive thinkers who are brave enough to reconsider the topic.
In Search of a Christian Commonwealth
Daniel L. Dreisbach, In Search of a Christian Commonwealth: An Examination of Selected Nineteenth-Century Commentaries on References to God and the Christian Religion in the United States Constitution, 48 Baylor L. Rev. 927 (Fall 1996).
Justinian: Lieutenant of Christ, Legislator for Christendom
Craig A. Stern, Justinian: Lieutenant of Christ, Legislator for Christendom, 11 Regent U. L. Rev. 151 (1998-99).
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