historical and theological foundations of law

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Historical And Theological Foundations Of Law

Author : John Eidsmoe M. DIV
ISBN : 0990377466
Genre : Law
File Size : 54. 4 MB
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What is the Law? Where does it get its authority? With unparalleled scope and minute detail, Historical &Theological Foundations of Law studies the earliest origins of Law in the legal systems of ancient societies all across the earth, explores their common threads and differences, and traces their development through history, and notes common trends that should cause hope or alarm today! Volume I: Ancient Wisdom. In Book I, The Foundation, we begin by exploring the laws of ancient civilizations: Egyptian stability, Babylonian precision, Persian enlightenment, Indian philosophy, Chinese Taoism/Buddhism/Confucianism, Polynesian kapu, Incan absolutism and efficiency, Mayan oligarchy, Aztec judicial independence, Cheyenne volunteerism, and the Iroquois Confederacy''s sage balancing of power. How did these systems arise? What trends do we see? Polytheism to monotheism, or monotheism to polytheism? Decentralization, or centralization of power? Fewer laws, or more laws? Gentleness, or brutality? In Book II, The Cornerstone, we focus upon a unique people who many believe have influenced the world more than any other. In a canon of thirty-nine books, the Hebrews have given us the Tanakh (Old Testament). How did the Hebrew constitution function, and upon what precepts was it based? Are the Ten Commandments truly the foundation of Western Law? Why is their influence so often overlooked today? Volume II: Classical and Medieval. In Book III, The Structure, we turn to Greece and Rome. Hailed as the birthplace of democracy, the Athenian system was unstable, inefficient, and short-lived. Nevertheless, Plato laid a philosophical basis for natural law, and Aristotle provided a foundation for justice. Rome had a genius for law and organization, but the constitutional constraints of the Republic gradually gave way to the Empire. However, the followers of Christ, once a persecuted minority, came to rule the Empire and put a Christian stamp on Roman law. Out of Roman law we see the rise of the Canon law of the Church, and we also survey the Sharia law of Islam. Book IV, The Centerpiece, begins with the Dark Ages--the darkness of the womb, out of which was born the Common Law. From the Celtic mists, with the Druids and their Brehon lawyers, St. Patrick and the Senchus Mor, the Anglo-Saxons in the forests of Germany with their witans and juries which they brought to Britain, Alfred the Great who began his Book of Dooms with the Ten Commandments, to the Norman Conquest and the warfare between the centralizing Norman kings and their opponents, the precepts and institutions of the Common Law took form. What is the Common Law? If it is so common, why is it so seldom defined? How does it relate to Canon law or civil law? And is it Christian, or Roman, or a fusion of both? Volume III: Reformation and Colonial. Book V, The Pinnacle, examines the Lutheran and Calvinist Reformations, whereby the doctrines of justification by grace through faith and the priesthood of all believers led to republican concepts of government by consent of the governed, social contract, God-given rights, and justified resistance against tyranny. Constitutional jurists such as Selden, Milton, Coke, Althusius, Grotius, Locke, Montesquieu, and Blackstone fused Biblical theology with the Common Law. Book VI, The Beacon. To take root and grow, the Common Law needed fresh soil. In Book VI, we see that Anglicans established the Common Law in Jamestown and the Southern Colonies, Puritans in the New England Colonies, Presbyterians, Quakers, Catholics, and others in the Middle Colonies. In 1776 they took the ultimate republican step of declaring independence. When, in 1787, fifty-five delegates gathered in Independence Hall to draft a Constitution, they did not write on a blank slate. Rather, they were prepared with thousands of years of "echoes of Eden," Holy Writ, and the Common Law. The event, Washington said, was "in the hands of God." This book provides information and answers, but just as important are the questions it raises about the nature, purpose, and source of law. Jurists have articulated it, philosophers have theorized about it, theologians have explored the moral principles that underlie it. Statesmen have enacted it, judges have interpreted it, sheriffs have enforced it, soldiers have defended it, kings have implemented it. And then, after the fact, people have written about it, to try to explain what it is, and what it should be. This is a journey worth taking, for its insight into our legal heritage. We hope that the truths contained in these volumes will reverberate to future generations who may well need reminding, even as we need reminding today, of the foundations as well as the Founder of our unique American system of Law.

The End S Of Community

Author : Joshua Ben David Nichols
ISBN : 9781554588718
Genre : Philosophy
File Size : 62. 69 MB
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This book stems from an examination of how Western philosophy has accounted for the foundations of law. In this tradition, the character of the “sovereign” or “lawgiver” has provided the solution to this problem. But how does the sovereign acquire the right to found law? As soon as we ask this question we are immediately confronted with a convoluted combination of jurisprudence and theology. The author begins by tracing a lengthy and deeply nuanced exchange between Derrida and Nancy on the question of community and fraternity and then moves on to engage with a diverse set of texts from the Marquis de Sade, Saint Augustine, Kant, Hegel, and Kafka. These texts—which range from the canonical to the apocryphal—all struggle in their own manner with the question of the foundations of law. Each offers a path to the law. If a reader accepts any path as it is and follows without question, the law is set and determined and the possibility of dialogue is closed. The aim of this book is to approach the foundations of law from a series of different angles so that we can begin to see that those foundations are always in question and open to the possibility of dialogue.

New Commentary On The Code Of Canon Law

Author : John P. Beal
ISBN : 0809140667
Genre : Religion
File Size : 59. 64 MB
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A complete and updated commentary on the Code of Canon Law prepared by the leading canonists of North America and Europe. Contains the full, newly translated text of the Code itself as well as detailed commentaries by thirty-six scholars commissioned by the Canon Law Society of America.

Theological Foundations For Ministry

Author : Ray S. Anderson
ISBN : 9780567223555
Genre : Religion
File Size : 60. 81 MB
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This is a collection of essential passages on the ministry of the church. By selecting significant sources which share a common assumption concerning the nature of theology and its methodology, the editor presents a single consistent theology of ministry. The book is carefully organised to allow a thorough exploration of the different aspects of ministry. Contributors include Karl Barth, Dietrich Bonhoeffer, Hans Küng, Helmut Thielicke and Thomas F. Torrance.

Toward An Anabaptist Political Theology

Author : A. James Reimer
ISBN : 9781630875176
Genre : Religion
File Size : 43. 58 MB
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A. James Reimer's (1942-2010) theopolitical project, intended to be a fully theologically conceptualized political theology, offers a constructive and creative contribution to this burgeoning field of theological inquiry. Reimer's thesis for this theologically derived politics focuses on the necessity to take seriously the biblical-Trinitarian foundations for all Christian social ethics, but also on the importance of astute and faithful engagement by Christians in public institutional life, including the political realm. While Reimer understood himself to be working as an Anabaptist, and hoped to invite that tradition to embrace a more positive view of civil institutions than has historically been the case, he was not limited by that tradition or beholden to take only its sources into account. Ever alert to the problems inherent in every kind of reductionism, and especially so in cases where theology is reduced to either ethics or politics, Reimer's political theology pursues the investigation of theological realities that are to serve as the engine, the generative force of a political theology that seeks to articulate both a critical and a positive-constructive approach to public/political life and institutions.

The Roman Foundations Of The Law Of Nations

Author : Benedict Kingsbury
ISBN : 9780199599875
Genre : History
File Size : 55. 95 MB
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This book explores ways in which both the theory and the practice of international politics was built upon Roman private and public law foundations on a variety of issues including the organization and limitation of war, peace settlements, embassies, commerce, and shipping.

The Theological Origins Of Liberalism

Author : Ismail Kurun
ISBN : 9781498527415
Genre : Political Science
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This book argues that liberalism was founded on a set of premises borrowed from Christian theology. It is indispensable for any student of liberalism and early modern political thought as well as for scholars of liberal political theory and Christian theology.

The Oxford Handbook Of Church And State In The United States

Author : Derek H. Davis
ISBN : 9780190208783
Genre : Religion
File Size : 70. 65 MB
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Study of church and state in the United States is incredibly complex. Scholars working in this area have backgrounds in law, religious studies, history, theology, and politics, among other fields. Historically, they have focused on particular angles or dimensions of the church-state relationship, because the field is so vast. The results have mostly been monographs that focus only on narrow cross-sections of the field, and the few works that do aim to give larger perspectives are reference works of factual compendia, which offer little or no analysis. The Oxford Handbook of Church and State in the United States fills this gap, presenting an extensive, multidimensional overview of the field. Twenty-one essays offer a scholarly look at the intricacies and past and current debates that frame the American system of church and state, within five main areas: history, law, theology/philosophy, politics, and sociology. These essays provide factual accounts, but also address issues, problems, debates, controversies, and, where appropriate, suggest resolutions. They also offer analysis of the range of interpretations of the subject offered by various American scholars. This Handbook is an invaluable resource for the study of church-state relations in the United States.

Foundations Of Public Law

Author : Martin Loughlin
ISBN : 9780191648175
Genre : Law
File Size : 32. 90 MB
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Foundations of Public Law offers an account of the formation of the discipline of public law with a view to identifying its essential character, explaining its particular modes of operation, and specifying its unique task. Building on the framework first outlined in The Idea of Public Law (OUP, 2003), the book conceives public law broadly as a type of law that comes into existence as a consequence of the secularization, rationalization and positivization of the medieval idea of fundamental law. Formed as a result of the changes that give birth to the modern state, public law establishes the authority and legitimacy of modern governmental ordering. Public law today is a universal phenomenon, but its origins are European. Part I of the book examines the conditions of its formation, showing how much the concept borrowed from the refined debates of medieval jurists. Part II then examines the nature of public law. Drawing on a line of juristic inquiry that developed from the late sixteenth to the early nineteenth centuries-extending from Bodin, Althusius, Lipsius, Grotius, Hobbes, Spinoza, Locke and Pufendorf to the later works of Montesquieu, Rousseau, Kant, Fichte, Smith and Hegel-it presents an account of public law as a special type of political reason. The remaining three Parts unpack the core elements of this concept: state, constitution, and government. By taking this broad approach to the subject, Professor Loughlin shows how, rather than being viewed as a limitation on power, law is better conceived as a means by which public power is generated. And by explaining the way that these core elements of state, constitution, and government were shaped respectively by the technological, bourgeois, and disciplinary revolutions of the sixteenth century through to the nineteenth century, he reveals a concept of public law of considerable ambiguity, complexity and resilience.

The Historical Foundations Of The Law Relating To Trade Marks

Author : Frank Isaac Schechter
ISBN : 9781584770350
Genre : Law
File Size : 39. 92 MB
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Schechter, Frank I. The Historical Foundations of the Law Relating to Trade-Marks. New York: Columbia University Press, 1925. xxviii, 211 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-41673. ISBN-13: 978-1-58477-035-0. ISBN-10: 1-58477-035-X. Cloth. New. $65.* What is the exact nature of the nature of the right to a trademark? What is the basis of relief in trademark cases of unfair competition? Schechter unravels these problems as he traces the development of the law of trademarks from medieval times to the early twentieth century. Includes table of cases and statutes, bibliography. Considered to be "...invaluable for starting scholarly research." Marke, A Catalogue of the Law Collection of New York University (1953) 869.

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