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 : 37. 70 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.

Rediscovering The Natural Law In Reformed Theological Ethics

Author : Stephen J. Grabill
ISBN : 9780802863133
Genre : Law
File Size : 80. 84 MB
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Is knowledge of right and wrong written on the human heart? Do people know God from the world around them? Does natural knowledge contribute to Christian doctrine? While these questions of natural theology and natural law have historically been part of theological reflection, the radical reliance of twentieth-century Protestant theologians on revelation has eclipsed this historic connection. Stephen Grabill attempts the treacherous task of reintegrating Reformed Protestant theology with natural law by appealing to Reformation-era theologians such as John Calvin, Peter Martyr Vermigli, Johannes Althusius, and Francis Turretin, who carried over and refined the traditional understanding of this key doctrine. Rediscovering the Natural Law in Reformed Theological Ethics calls Christian ethicists, theologians, and laypersons to take another look at this vital element in the history of Christian ethical thought.

Biblical And Theological Foundation Of The Family

Author : Joseph C. Atkinson
ISBN : 9780813221700
Genre : Religion
File Size : 35. 35 MB
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This ground-breaking work establishes a solid biblical and theological foundation on which a theology of the family can be constructed. It thus fills a critical lack in the current literature on the family. The wide range of sources, including Jewish, Catholic, Orthodox, and Protestant, give this work a genuine ecumenical dimension. Biblical and Theological Foundations of the Family will become indispensable for anyone wanting to engage in serious study of the structure and meaning of the family and its place in the salvific will of God.

Christianity And Law

Author : John Witte, Jr.
ISBN : 9780521874625
Genre : History
File Size : 88. 84 MB
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An authoritative introduction to some of the main legal teachings of the Western Christian tradition.

History Of Canon Law

Author : Constant van de Wiel
ISBN : 906831212X
Genre : Religion
File Size : 32. 62 MB
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In four periods: From the foundation of the Church to the "Decretum Gratiani," from the Gregorian Reform to the Council of Trent, from Trent to the "Codex Iuris Canonici," and from its promulgation in 1917 to the new Codex of 1983, Van de Wiel offers a clear description of the general concepts and constitutive sources of Canon Law. His work is a contribution to the history of canon law and will be of great service both to students and jurists. Constant Van de Wiel is currently professor of Canon Law at the Catholic University of Leuven, Louvain (Belgium), Chancellor and Keeper of the Archives of the Archdiocese of Mechlin-Brussels. He published on the subject in the Louvain Journal of Theological and Canonical Studies: "Ephemerides Theologicae Lovanienses," and in several specialized journals.

Natural Law And The Two Kingdoms

Author : David VanDrunen
ISBN : 9780802864437
Genre : Religion
File Size : 35. 20 MB
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Conventional scholarship holds that the theology and social ethics of the Reformed tradition stand at odds with concepts of natural law and the two kingdoms. But David VanDrunen here challenges that status quo through his careful, thoroughgoing exploration of the development of Reformed social thought from the Reformation to the present. - from publisher description.

Custom In Islamic Law And Legal Theory

Author : Ayman Shabana
ISBN : 9780230117341
Genre : Religion
File Size : 40. 93 MB
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This book explores the relationship between custom and Islamic law and seeks to uncover the role of custom in the construction of legal rulings. On a deeper level, however, it deals with the perennial problem of change and continuity in the Islamic legal tradition (or any tradition for that matter).

Theology And The Scientific Imagination

Author : Amos Funkenstein
ISBN : 9780691184265
Genre : Science
File Size : 27. 44 MB
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Theology and the Scientific Imagination is a pioneering work of intellectual history that transformed our understanding of the relationship between Christian theology and the development of science. Distinguished scholar Amos Funkenstein explores the metaphysical foundations of modern science and shows how, by the 1600s, theological and scientific thinking had become almost one. Major figures like Descartes, Leibniz, Newton, and others developed an unprecedented secular theology whose debt to medieval and scholastic thought shaped the trajectory of the scientific revolution. The book ends with Funkenstein’s influential analysis of the seventeenth century’s “unprecedented fusion” of scientific and religious language. Featuring a new foreword, Theology and the Scientific Imagination is a pathbreaking and classic work that remains a fundamental resource for historians and philosophers of science.

Theological Foundations

Author : John J. Mueller
ISBN : 9780884899204
Genre : Religion
File Size : 86. 28 MB
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Here, a team of award-winning teaching scholars has come together to create an introductory text that offers a truly unique and innovative contribution to the discipline of theological studies. This "first book" provides students of any religious tradition with the foundational skills, vocabulary, conceptual understanding, and research abilities that they need to succeed in theology and religious studies. Theological Foundationsprovides the following: Ten chapters that introduce the major sub-disciplines of theology creating a well-rounded source for understanding the discipline as a whole Contributions that are clear, accessible, and steeped in content A strong basis for vigorous intellectual and personal exploration of life and our relation to God Flexibility that allows the instructor to assign readings in any order that fits his or her syllabus A one-of-a-kind, integrated library research component, "From the Reference Librarian," which teaches students the foundational skills needed for successful study in theology and in any academic discipline

Theologians And Contract Law

Author : Wim Decock
ISBN : 9789004232846
Genre : Law
File Size : 86. 48 MB
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In "Theologians and Contract Law," Wim Decock offers an account of the moral roots of modern contract law. He explains why theologians in the sixteenth and seventeenth centuries built a systematic contract law around the principles of freedom and fairness.

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