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This book explores those dimensions of religious and civil law where 'love'-however that is defined by relevant texts-fosters and encourages acceptance of 'the Other' and offers perspectives on the ways in which religious or civil/state law command one to act in the spirit of 'love'.
This work considers the relationship between religion, state, and market, illustrating that the market is a powerful site for the cultural work of secularizing religious conflict. Scholars from a variety of disciplines explore more intentionally the extent to which markets are implicated in and illuminate the place of religion in public life.
This volume examines the lives of more than thirty-five key personalities in Latin American law with a focus on how their Christian faith was a factor in molding the evolution of law in their countries and the region.The book is a significant contribution to our ability to understand the work and perspectives of jurists and their effect on legal development in Latin America. The individuals selected for study exhibit wide-ranging areas of expertise from private law and codification, through national public law and constitutional law, to international developments that left their mark on the region and the world. The chapters discuss the jurists within their historical, intellectual, and political context. The editors selected jurists after extensive consultation with legal historians in various countries of the region looking at the jurist's particular merits, contributions to law in general, religious perspective, and importance within the specific country and period under consideration. Giving the work a diversity of international and methodological perspectives, the chapters have been written by distinguished legal scholars and historians from Latin America and around the world.The collection will appeal to scholars, lawyers, and students interested in the interplay between law and religion. Political, social, legal, and religious historians among other readers will find, for the first time in English, authoritative treatments of the region's essential legal thinkers and authors. Students and other who may not read Spanish will appreciate these clear, accessible, and engaging English studies of the region's great jurists.
This book examines how Christian love can inform legal thought. It introduces love as a way to advance the emergent conversation between constructive theology and jurisprudence that will also inform conversations in philosophy and political theory. It explores how such thinkers as Augustine, Aquinas and Calvin utilised love in their legal thought.
This book presents a comprehensive history of law and religion in the Nordic context.The entwinement of law and religion in Scandinavia encompasses an unusual history, not widely known yet important for its impact on contemporary political and international relations in the region. The volume provides a holistic picture from the first written legal sources of the twelfth century to the law of the present secular welfare states. It recounts this history through biographical case studies. Taking the point of view of major influential figures in church, politics, university, and law, it thus presents the principal actors who served as catalysts in ecclesiastical and secular law through the centuries. This refreshing approach to legal history contributes to a new trend in historiography, particularly articulated by a younger generation of experienced Nordic scholars whose work is featured prominently in this volume.The collection will be a valuable resource for academics and researchers working in the areas of Legal History and Law and Religion.
Exploring a millennium-long story of law and religion in Italy through a series of 26 biographical chapters written by distinguished legal scholars and historians from Italy and around the world, this book will be essential reading for academics working in the areas of Legal History, Law and Religion and Constitutional Law.
Written by experts from within their communities, this book compares the legal regimes of Christian churches as systems of religious law.The ecumenical movement, with its historical theological focus, has failed to date to address the role of church law in shaping relations between churches and fostering greater mutual understanding between them. In turn, theologians and jurists from the different traditions have not hitherto worked together on a fully ecumenical appreciation of the potential value of church laws to help, and sometimes to hinder, the achievement of greater Christian unity. This book seeks to correct this ecumenical church law deficit. It takes account of the recent formulation by an ecumenical panel of a Statement of Principles of Christian Law, which has been welcomed by Pope Francis and the Ecumenical Patriarch of Constantinople, leader of the Orthodox Church worldwide, as recognizing the importance of canon law for ecumenical dialogue. This book, therefore, not only provides the fruits of an understanding of church laws within ten Christian traditions, but also critically evaluates the Statement against the laws of these individual ecclesial communities.The book will be an essential resource for scholars of law and religion, theology, and sociology. It will also be of interest to those working in religious institutions and policy-makers.
This volume examines the relationship between Christian legal theory and the fields of private law.Recent years have seen a resurgence of interest in private law theory, and this book contributes to that discussion by drawing on the historical, theological, and philosophical resources of the Christian tradition. The book begins with an introduction from the editors that lays out the understanding of "private law" and what distinguishes private law topics from other fields of law. This section includes two survey chapters on natural law and biblical sources. The remaining sections of the book move sequentially through the fields of property, contracts, and torts. Several chapters focus on historical sources and show the ways in which the evolution of legal doctrine in areas of private law has been heavily influenced by Christian thinkers. Other chapters draw out more contemporary and public policy-related implications for private law.While this book is focused on the relationship of Christianity to private law, it will be of broad interest to those who might not share that faith perspective. In particular, legal historians and philosophers of law will find much of interest in the original scholarship in this volume. The book will be attractive to teachers of law, political science, and theology. It will be of special interest to the many law faculty in property, contracts, and torts, as it provides a set of often overlooked historical and theoretical perspectives on these fields.
This book presents a comprehensive history of law and religion in the Nordic context. The collection will be a valuable resource for academics and researchers working in the areas of Legal History and Law and Religion.
This book provides an interdisciplinary introduction to the topic of migration, as well as an opportunity for immigration lawyers and legal scholars to engage Christian theology; an opportunity for pastors and Christian theologians to engage law; and new insights on key frameworks for scholars in the study of migration.
This book focuses on a vibrant central current within the history of Russian legal thought: how Christianity, and theistic belief generally, has inspired the aspiration to the rule of law in Russia, informed Russian philosophies of law, and shaped legal practices.
This volume examines the lives of more than thirty-five key personalities in Latin American law with a focus on how their Christian faith was a factor in molding the evolution of law in their countries and the region.
This book explores those dimensions of religious and civil law where 'love'¿however that is defined by relevant texts¿fosters and encourages acceptance of 'the Other' and offers perspectives on the ways in which religious or civil/state law command one to act in the spirit of 'love'.
The three Abrahamic faiths have dominated religious conversations for millennia but the relations between state and religion are in a constant state of flux. This relationship may be configured in a number of ways. Religious norms may be enforced by the state as part of a regime of personal law or, conversely, religious norms may be formally relegated to the private sphere but can be brought into the legal realm through the private acts of individuals. Enhanced recognition of religious tribunals or religious doctrines by civil courts may create a hybrid of these two models. One of the major issues in the reconciliation of changing civic ideals with religious tenets is gender equality, and this is an ongoing challenge in both domestic and international affairs. Examining this conflict within the context of a range of issues including marriage and divorce, violence against women and children, and women''s political participation, this collection brings together a discussion of the Abrahamic religions to examine the role of religion in the struggle for women''s equality around the world. The book encompasses both theory and practical examples of how law can be used to negotiate between claims for gender equality and the right to religion. It engages with international and regional human rights norms and also national considerations within countries. This book will be of great relevance to scholars and policy makers with an interest in law and religion, gender studies and human rights law.
This book presents a scholarly engagement with the way in which legal discipline has evolved within the Church of England since 1688. It explores how the Church of England has come to be without means of effective legal discipline in matters of controversy, whether liturgical, doctrinal, or moral.
Written by experts from within their communities, this book compares the legal regimes of Christian churches as systems of religious law and provides an understanding of church laws within ten Christian traditions and critically evaluates the Statement against the laws of these individual ecclesial communities.
This volume examines the relationship between Christian legal theory and the fields of private law. It will be of special interest to the many law faculty in property, contracts, and torts, as it provides a set of often overlooked historical and theoretical perspectives on these fields.
Exploring a millennium-long story of law and religion in Italy through a series of 26 biographical chapters written by distinguished legal scholars and historians from Italy and around the world, this book will be essential reading for academics working in the areas of Legal History, Law and Religion and Constitutional Law.
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