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 School (Criminal Law). Show all posts
Showing posts with label Law School (Criminal Law). Show all posts
The Law of the Covenant: An Exposition of Exodus 21-23
James B. Jordan, The Law of the Covenant: An Exposition of Exodus 21-23 (1984).
From the inside flap: How relevant are the laws of the Old Testament for today? God said that Israel was to be a light to the nations (Hebrews 42:6). That someday all nations would come to Jerusalem to receive the Law (Micah 4:2). That in His Law, "every transgression and disobedience receives a just recompense" (Hebrews 2:2). That all peoples would marvel at the wisdom and justice of Israel's laws (Deuteronomy 4:6-8). Yet, with the change from the Old to the New Covenant, there are clearly changes in the Law, "for when the priesthood changes, there must also take place a change of law" (Hebrews 7:12). How, then, are we to approach the many laws found in the Old Testament? Some of them are obviously superior to our modern law today (such as restitution instead of imprisonment for theft.) Some of them have obviously been superseded in Christ (such as the sacrificial system). Some of them seem overly harsh (such as the death penalty for "cursing" parents). Some of them seem weird and strange (such as the prohibition on boiling a kid in its mother's milk). In this book, Mr. Jordan provides four introductory chapters of the nature of Biblical law, on the redemptive historical context in which the law was first written, and on the overall changes in the law system which the New Covenant brings. Then, moving to the concrete, Mr. Jordan provides the first truly in-depth commentary on the case laws of Exodus 21-23, the Book of the Covenant. The laws are taken up one at a time. In each case, the question is asked, "What did this law mean to the people of the Old Testament age?" Then the question is asked, "What relevance might this law have for the Christian faith today?" Finally, the question is asked, "How does this law shed light on the work of Jesus Christ, of whom all Scripture speaks? That is, how can we preach Christ from this law?" In his preface, Mr. Jordan states that he has not tried to say the last word on these chapters of Scripture, but that he has tried to say a first word, and to challenge the Church to look further into these verses to find the wisdom for today. No preacher and no student of the Word can afford to be without this study.
Note: This book, published by the Institute for Christian Economics, 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. Pages 93 – 130 address Criminal Law, and pages 131 – 144 address Property Law.
The book is available for download here, or here (PDF).
From the inside flap: How relevant are the laws of the Old Testament for today? God said that Israel was to be a light to the nations (Hebrews 42:6). That someday all nations would come to Jerusalem to receive the Law (Micah 4:2). That in His Law, "every transgression and disobedience receives a just recompense" (Hebrews 2:2). That all peoples would marvel at the wisdom and justice of Israel's laws (Deuteronomy 4:6-8). Yet, with the change from the Old to the New Covenant, there are clearly changes in the Law, "for when the priesthood changes, there must also take place a change of law" (Hebrews 7:12). How, then, are we to approach the many laws found in the Old Testament? Some of them are obviously superior to our modern law today (such as restitution instead of imprisonment for theft.) Some of them have obviously been superseded in Christ (such as the sacrificial system). Some of them seem overly harsh (such as the death penalty for "cursing" parents). Some of them seem weird and strange (such as the prohibition on boiling a kid in its mother's milk). In this book, Mr. Jordan provides four introductory chapters of the nature of Biblical law, on the redemptive historical context in which the law was first written, and on the overall changes in the law system which the New Covenant brings. Then, moving to the concrete, Mr. Jordan provides the first truly in-depth commentary on the case laws of Exodus 21-23, the Book of the Covenant. The laws are taken up one at a time. In each case, the question is asked, "What did this law mean to the people of the Old Testament age?" Then the question is asked, "What relevance might this law have for the Christian faith today?" Finally, the question is asked, "How does this law shed light on the work of Jesus Christ, of whom all Scripture speaks? That is, how can we preach Christ from this law?" In his preface, Mr. Jordan states that he has not tried to say the last word on these chapters of Scripture, but that he has tried to say a first word, and to challenge the Church to look further into these verses to find the wisdom for today. No preacher and no student of the Word can afford to be without this study.
Note: This book, published by the Institute for Christian Economics, 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. Pages 93 – 130 address Criminal Law, and pages 131 – 144 address Property Law.
The book is available for download here, or here (PDF).
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.
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).
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).
God, Man, and Law: The Biblical Principles
Herbert W. Titus, God, Man, and Law: The Biblical Principles (Institute in Basic Life Principles 1994).
This important book, part casebook (it contains numerous court opinions), part history lesson, and part legal and theological treatise, addresses every important legal theme. It is divided into eight sections (God, Man, Legal Education, and Law; Law: The Biblical Foundations; Jurisdiction; Equality; Fault; Vow; Dominion; Restitution), and each section is followed by a set of study questions with scripture references, designed to lead the reader to the scriptures for answers to the important issues raised in the chapter. The text and interspersed readings do not provide pat answers, but point the reader to issues for deeper reflection and study.
With regard to the section on legal education, Dean Titus’s work addresses the history of American legal education and the impact of social Darwinism and scientific humanism on the law school (pp. 1-29).
Because of this structure and the book’s length (309 pages plus notes, index, and glossary), this book would be excellent for group discussion or as a source book for a bible study. Dean Titus writes in his introduction that his book is “designed to challenge the reader to develop a Biblical understanding of law, with particular focus on law in the United States of America.”
Note: Also available online here.
This important book, part casebook (it contains numerous court opinions), part history lesson, and part legal and theological treatise, addresses every important legal theme. It is divided into eight sections (God, Man, Legal Education, and Law; Law: The Biblical Foundations; Jurisdiction; Equality; Fault; Vow; Dominion; Restitution), and each section is followed by a set of study questions with scripture references, designed to lead the reader to the scriptures for answers to the important issues raised in the chapter. The text and interspersed readings do not provide pat answers, but point the reader to issues for deeper reflection and study.
With regard to the section on legal education, Dean Titus’s work addresses the history of American legal education and the impact of social Darwinism and scientific humanism on the law school (pp. 1-29).
Because of this structure and the book’s length (309 pages plus notes, index, and glossary), this book would be excellent for group discussion or as a source book for a bible study. Dean Titus writes in his introduction that his book is “designed to challenge the reader to develop a Biblical understanding of law, with particular focus on law in the United States of America.”
Note: Also available online here.
Readings on Criminal Law's Biblical Foundations
Michael P. Schutt, ed., Readings on the Biblical Foundations of the Criminal Law (Institute for Christian Legal Studies 2001).
This first installment in the Biblical Tradition and the Law Study Series collects several of the works by Stern, Tuomala, and Titus cited above and presents them in edited form, with study and discussion questions. The 88-page booklet is designed for Bible Study discussion groups of law students.
This first installment in the Biblical Tradition and the Law Study Series collects several of the works by Stern, Tuomala, and Titus cited above and presents them in edited form, with study and discussion questions. The 88-page booklet is designed for Bible Study discussion groups of law students.
Value of Punishment
Jeffrey C. Tuomala, The Value of Punishment: A Response to Judge Richard L. Nygaard, 5 Regent U. L. Rev. 13 (1995).
A brief, direct explication of the biblical bases for and means of criminal punishment and a critique of fashionable alternatives.
A brief, direct explication of the biblical bases for and means of criminal punishment and a critique of fashionable alternatives.
Christ's Atonement as the Model for Civil Justice
Jeffrey C. Tuomala, Christ’s Atonement as the Model for Civil Justice, 38 Am. J. Juris. 221 (1993).
This article explains: “Legal doctrines are justified by, and maintain coherence as part of, a particular worldview. . . . The doctrine of Christ’s atonement is of singular importance for theories of punishment as it is the judicial archetype of the way in which God deals with sin and crime. . . . The civil magistrate, as “minister of God for justice,” should deal with crime and civil wrongs according to the same principles by which God deals with sin through the atonement.” This is a must read; it sets the groundwork for a theory of justice based upon God’s justice.
This article explains: “Legal doctrines are justified by, and maintain coherence as part of, a particular worldview. . . . The doctrine of Christ’s atonement is of singular importance for theories of punishment as it is the judicial archetype of the way in which God deals with sin and crime. . . . The civil magistrate, as “minister of God for justice,” should deal with crime and civil wrongs according to the same principles by which God deals with sin through the atonement.” This is a must read; it sets the groundwork for a theory of justice based upon God’s justice.
Torah and Murder
Craig A. Stern, Torah and Murder: The Cities of Refuge and Anglo-American Law, 35 Val. U. L. Rev. 461 (2001).
An excellent demonstration of applying biblical principles to modern legal questions—here, manslaughter and murder.
An excellent demonstration of applying biblical principles to modern legal questions—here, manslaughter and murder.
Crime, Moral Luck and the Sermon on the Mount
Craig A. Stern, Crime, Moral Luck and the Sermon on the Mount, 48 Cath. U.L. Rev. 801 (1999).
In this article, Professor Stern answers the puzzling question “Why are criminal attempts punished less severely than completed crimes?” In the process, Professor Stern explains much more, exploring the biblical principle of limited civil authority and the doctrine of God’s sovereignty, arriving at an answer based upon God’s truth.
In this article, Professor Stern answers the puzzling question “Why are criminal attempts punished less severely than completed crimes?” In the process, Professor Stern explains much more, exploring the biblical principle of limited civil authority and the doctrine of God’s sovereignty, arriving at an answer based upon God’s truth.
A Higher Law: Readings
Jeffrey A. Brauch, A Higher Law: Readings on the Influence of Christian Thought in Anglo-American Law (2nd ed. 2008). xix, 479 pp.
This work, prepared as an introduction to basic principles of legal philosophy and legal history for first-year law students, “encourages students to recognize and seek the biblical foundations of law and legal institutions.” The comments and questions throughout point the reader to major issues and further study. The readings are edited specifically for 1Ls, so it is well suited to the inquiring novice. Its breadth and depth of inquiry, however, give plenty of fodder to the scholar as well. This is a great introduction to the basic issues in biblical integration and a helpful outline of the history of the common law.
Legal History: the first section of this book gives a brief but comprehensive look at the foundation of Anglo-American common law (pp. 1-191). Chapter 1 contains historical examples of higher law thinking from Aquinas, Blackstone, and others (pp. 3-80). Chapter 2 focuses more closely on examples of higher law thinking within the common law itself (pp. 81-127). And Chapter 3 discusses how higher law thinking has been replaced by legal relativism (pp. 129-91).
Criminal Law: the readings on Criminal Law provide a brief, but deep introduction to the major philosophical issues in the criminal law (pp. 195-283). Excerpts from Blackstone, Charles Colson, Judge Nygaard, Jeff Tuomala, C.S. Lewis, and others center on human responsibility, competing theories of punishment, and the nature of the criminal law.
Civil & Criminal Procedure: the section on civil and criminal procedure (pp. 285-316) provides a brief history of a few procedural protections of the common law and the sources from which these protections arose.
International Law: in this collection of essays and excerpts, Dean Brauch includes a chapter discussing preemptive war and the just war theory (pp. 359-82).
Relevance of the Higher Law: Part C of this book, “Current Thinking on How God’s Law Should Affect Man’s Law,” excerpts definitive works from major modern movements (pp. 383-471). The chapter titles in Part C indicate the focus: "What is the Role of the Old Testament Law Today?" and "To What Extent Should Higher Law Be Applied to Modern Society?" This is a fine introduction to the major modern themes in the state, the church, and the law.
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