Review for Christianity and Law John Witte Jr
Christianity and Private Police force
edited by Robert F. Cochran, Jr. and
Michael P. Moreland
Review by John Witte, Jr.
This volume is one of several new introductions to Christianity and Law deputed by the Heart for the Study of Constabulary and Religion at Emory University. Each volume is an anthology of some twenty chapters written by leading scholars. The volumes contain historical, doctrinal, and comparative materials designed to uncover Christian sources and dimensions of familiar legal topics. Each is authoritative but accessible, calibrated to reach students, scholars, and instructors in law, divinity, graduate, and advanced college courses as well as readers from diverse fields interested in what Christianity has, can, and perhaps should offer to the world of law. Earlier titles in this series include Christianity and Law (2008); Christianity and Human Rights (2011); Christianity and Family Law (2017); Christianity and Natural Law (2017); Christianity and Global Police (2020); and Christianity and Criminal Law (2020). Other titles are in printing on Christianity and Conscience, Constitutionalism, Ecclesiastical Constabulary, Economic Law, International Law, and Migration Constabulary. We aim to commission other such volumes on Christianity and bankruptcy law, education law, elderberry law, environmental constabulary, health law, labor law, procedural law, remedies, and other familiar legal topics.
A quarter century ago, Robert F. Cochran, Jr. teamed up with fellow legal heavyweights Michael McConnell and Angela Carmela to assemble a pathbreaking study titled Christian Perspectives on Legal Idea (Yale University Press 2001). That welcome and courageous volume explored the interaction of various Christian traditions with prominent schools of legal thought at the time: political liberalism, legal realism, critical legal studies, feminist legal theory, critical race theory, and police and economics. Information technology also explored the past, present, and potential contributions of Christianity to substantive legal topics in environmental police, criminal law, family law, contracts, torts, and legal ethics. Two dozen law professors contributed original chapters to that volume, which the editors adroitly arranged as the first dots on a very large canvas depicting various modes of interaction betwixt constabulary and Christianity.
Today, a good fleck more of this canvas has been filled in, owing to the work of some i,500 scholars worldwide who are now office of a apace growing society of law and organized religion report. Some 50 centers, institutes, and programs in law and organized religion have popped upwards on campuses around the globe — more than one-half in the United States, just with growing numbers in Europe, Africa, Latin America, Asia, and Commonwealth of australia, New Zealand and other nations of thePacific Rim. These groups are being further integrated by international and regional consortia for the study of police force and organized religion and by dozens of periodicals and blogs on constabulary and religion. Several leading presses — Ashgate, Brill, Cambridge, Eerdmans, Mohr Siebeck, Notre Dame, Orbis, Oxford, Routledge, Schöningh, Springer, and Vandenhoeck & Ruprecht — have each established new book serial or collections on constabulary and religion, and the body of police and organized religion scholarship in multiple world languages is growing briskly.
The interaction of police force and Christianity continues to be a central theme of this burgeoning global law and religion literature, yielding a much more nuanced motion-picture show of Christian contributions to diverse areas of law historically and today. This volume on Christianity and Individual Law (Routledge 2020) is a welcome and novel contribution to this literature. Information technology once again features the editorial leadership of Professor Cochran and his Nootbaar Institute of Police, Religion, and Ethics at Pepperdine. Joining him on the masthead is distinguished Catholic legal scholar, Michael P. Moreland, new director of the Eleanor H. McCullen Eye for Police force, Organized religion and Public Policy at Villanova. Included are 16 fresh chapters by several notable legal historians, including R.H. Helmholz and James Gordley, and a sturdy company of other legal scholars, including Angela Carmella and David Caudill, who were part of the earlier overview volume on Christian Perspectives on Legal Idea.
In both ceremonious police force and mutual law lands, individual law focuses on the voluntary and involuntary legal relationships betwixt private parties, whether individuals or private groups.
"Private law" is a common phrase for Europeans who readily divide the legal world into public, private, penal, and procedural police force categories, building in office on ancient Roman law, medieval canon law, and modern civil law. "Individual constabulary" is a less mutual term for Anglo-American common lawyers. They are more familiar with several discrete legal subjects that Europeans gather under the awning of private law – contracts, property, and torts at the heart of the awning, associational law, family law, testamentary police, ceremonious procedure, remedies, and other topics nearer the periphery. In both civil law and mutual law lands, private law focuses on the voluntary and involuntary legal relationships betwixt private parties, whether individuals or private groups. The laws of the country – sometimes the laws of other non-country associations, too – facilitate and support those private relationships, clear and vindicate interests and expectations that sally from them, and offering remedies for harms that result from misfeasance, nonfeasance, or breach of duty past some other. The editors and several chapter authors do a fine chore defining and defending "private constabulary" as a category, and drawing interesting relationships between contracts, torts, and property which are the main subjects treated in these pages.
"Christianity" comprises all manner of Christian ideas and institutions, norms and habits that are shaped by the familiar quadrilateral of Scripture, tradition, reason, and experience. Distinct Catholic, Calvinist, Lutheran, Anglican, Anabaptist, and Evangelical voices, both historical and contemporary, come through in these pages, as well every bit a notable Jewish perspective on contract law from Michael Helfand. The authors variously trace, draw, interpret, and critique the discrete contracts, belongings, and torts topics assigned to them. Opening chapters in each of the four sections are devoted to biblical and traditional Christian teachings. They underscore the depth, dash, and complexity of Christian engagement with these fundamental private legal relationships. Constructive and critical capacity later in each section highlight and illustrate the enduring value of these traditional Christian teachings for addressing discrete modern private law questions. At the heart of many of these Christian reflections on torts, belongings, and contracts is the fundamental biblical question well-nigh how to love all of our neighbors – even our enemies and others who hurt usa. Do nosotros "turn the other check" to the tortfeasor? Do we give assist and comfort to the stranger in imitation of the Good Samaritan? Practice we give our "2d glaze" to the thief who has stolen our offset? How practice we responsibly acquire and use, have and hold, share and steward our property? How do nosotros balance freedom and fairness in contract? Is it just price or just market price that sets the deal? Do nosotros sue, arbitrate, or mediate our private conflicts, given the biblical injunction to "Go tell information technology to the church"? And how do we judge and reason through the private constabulary conflicts in a way that balances justice and mercy, dominion and equity, principle and prudence?
These and many other questions have inspired centuries of deep thought past Christian jurists and judges who have variously drawn on biblical, theological, jurisprudential, historical, and natural police arguments to piece of work out their legal systems. That rich world of Christian perspectives on private law is nicely illustrated in these authoritative merely accessible capacity that will edify novices and experts alike. ♦
John Witte, Jr., JD (Harvard); Dr. Theol. h.c. (Heidelberg), is Robert Westward. Woodruff Professor of Law, McDonald Distinguished Professor of Religion, and director of the Center for the Report of Police force and Faith at Emory University. A specialist in Legal History, Human Rights, Religious Freedom, Marriage and Family Law, Law and Religion, he has published 280 manufactures, 17 journal symposia, and 35 books.
Recommended Citation
Witte Jr., John "Christianity and Individual Law."Canopy Forum, December 15, 2020. https://canopyforum.org/2020/12/15/christianity-and-private-law.
Source: https://canopyforum.org/2020/12/15/christianity-and-private-law/
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