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/Journal Article. Show all posts
Showing posts with label Law Review/Journal 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).
Immigration Justice: Beyond Liberal Egalitarian and Communitarian Perspectives
Michael Scaperlanda, Immigration Justice: Beyond Liberal Egalitarian and Communitarian Perspectives, Routledge Rev. Soc. Econ. (Vol. LVII No. 4, December 1999, p. 523).
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).
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.
Biblical Law and the First Year Curriculum of American Legal Education
Edward McGlynn Gaffney, Jr., Biblical Law and the First Year Curriculum of American Legal Education, 4 J. L. & Religion 63 (1986).
This article might be difficult to find, but if you're able to access JSTOR, you can read it online here.
Links:
Prof. Gaffney's bio which includes other interesting articles.
Link to the publishing law school's main page for this journal.
This article might be difficult to find, but if you're able to access JSTOR, you can read it online here.
Links:
Prof. Gaffney's bio which includes other interesting articles.
Link to the publishing law school's main page for this journal.
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.
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.
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).
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).
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).
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.
Professor Hittinger begins by defining “natural law” and then proves the centrality of theology, moral ethics, and law to modern discourse on the topic.
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