Showing posts with label Law School (International Law). Show all posts
Showing posts with label Law School (International Law). Show all posts
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.
Just Cause
Jeffrey C. Tuomala, Just Cause: The Thread That Runs So True, 13 Dick. J. Int’l L. 1 (1994).
Professor Tuomala argues that “[j]ust cause is the central element in the centuries-old just war doctrine of Christian thought.” In this article, he analyzes the legality of unilateral actions under the requirements of customary law, the U.S. Constitution, and the just war doctrine, and discusses the “positive relation between law and sound policy decisions.”
Professor Tuomala argues that “[j]ust cause is the central element in the centuries-old just war doctrine of Christian thought.” In this article, he analyzes the legality of unilateral actions under the requirements of customary law, the U.S. Constitution, and the just war doctrine, and discusses the “positive relation between law and sound policy decisions.”
Peace on Earth
John XXIII, Encyclical Letter Peace on Earth: Pacem in Terris (1963).
This encyclical begins by addressing “natural rights” and duties: “The natural rights with which We have been dealing are, however, inseparably connected, in the very person who is their subject, with just as many respective duties; and rights as well as duties find their source, their sustenance and their inviolability in the natural law which grants or enjoins them.” “Therefore, to cite a few examples, the right of every man to life is correlative with the duty to preserve it; his right to a decent standard of living with the duty of living it becomingly; and his right to investigate the truth freely, with the duty of seeking it ever more completely and profoundly.” Pacem in Terris ¶¶28-29.
It then moves on to discuss the nature of the State and its relation to God, from whom it derives its moral authority. It notes that laws passed contrary to the moral order are not binding on citizens (¶51). The major focus, however, is on the relationship between states and their moral duties one to another.
Read this Resource
This encyclical begins by addressing “natural rights” and duties: “The natural rights with which We have been dealing are, however, inseparably connected, in the very person who is their subject, with just as many respective duties; and rights as well as duties find their source, their sustenance and their inviolability in the natural law which grants or enjoins them.” “Therefore, to cite a few examples, the right of every man to life is correlative with the duty to preserve it; his right to a decent standard of living with the duty of living it becomingly; and his right to investigate the truth freely, with the duty of seeking it ever more completely and profoundly.” Pacem in Terris ¶¶28-29.
It then moves on to discuss the nature of the State and its relation to God, from whom it derives its moral authority. It notes that laws passed contrary to the moral order are not binding on citizens (¶51). The major focus, however, is on the relationship between states and their moral duties one to another.
Read this Resource
Law of War and Peace
Hugo Grotius, The Law of War and Peace (1625).
Grotius is often called the father of international law. Others have called him the father of the “modern” theory of natural law.
Read this Resource
Grotius is often called the father of international law. Others have called him the father of the “modern” theory of natural law.
Read this Resource
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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