Law and Theology


Book Description

Law and Theology offers the definitive account of the relationship between law and theology in the Christian tradition. Drawing on diverse biblical texts and classic authors from the early church to contemporary voices from the modern period, David W. Opderbeck examines key legal questions and controversial case studies from an interdisciplinary perspective, breaking new ground for legal scholars and theologians alike. As a law professor, practicing attorney, and theologian, Opderbeck writes as an insider from both disciplines. This unique look brings fresh insight for both fields in a context where questions of theology and law are especially relevant--and increasingly urgent. Going beyond the culture wars, Opderbeck brings these real-world cases to life, examining the ins and outs of the most important legal questions facing American civic and religious life. Scholars and students of law and theology will find this book to be required reading in and outside the legal and theological classrooms.




Five Views on Law and Gospel


Book Description

An introduction to a complex theological issue that impacts our daily lives as believers in Christ: What is the relevance of the Old Testament Law to our understanding of the Gospel and how it should be lived? This book explores five major approaches to this important biblical topic as they've developed in Protestant circles: Non-Theonomic Reformed View – the law is the perfection of righteousness in Jesus Christ. Theonomic Reformed View – the goodness of the law is dependent on how it's used and does not offer a way to salvation. Heavily focused on Paul's discussion of the Law. Law as "Gracious Guidance" View – emphasizes the contrasts between the Mosaic law and the Gospel of grace, while still asserting the Law's value. Dispensational View – approaches the Law from a historical perspective to help us understand its presentation, treatment, and recipients. Modified Lutheran View – the Law of Christ as the fulfillment of the Law of Moses. This book allows each contributor to not only present the case for his view, but also to critique and respond to the critiques of the other contributors, allowing you to compare their beliefs in an open forum setting to see where they overlap and where they differ. The Counterpoints series presents a comparison and critique of scholarly views on topics important to Christians that are both fair-minded and respectful of the biblical text. Each volume is a one-stop reference that allows readers to evaluate the different positions on a specific issue and form their own, educated opinion.




The End of Law


Book Description

The End of Law applies Augustine’s questions to modern legal philosophy as well as offering a critical theory of natural law that draws on Augustine’s ideas. McIlroy argues that such a critical natural law theory is: realistic but not cynical about law’s relationship to justice and to violence, can diagnose ways in which law becomes deformed and pathological, and indicates that law is a necessary but insufficient instrument for the pursuit of justice. Positioning an examination of Augustine’s reflections on law in the context of his broader thought, McIlroy presents an alternative approach to natural law theory, drawing from critical theory, postmodern thought, and political theologies in conversation with Augustine.




Natural Law and Theology


Book Description




Law as Religion, Religion as Law


Book Description

The conventional approach to law and religion assumes that these are competing domains, which raises questions about the freedom of, and from, religion; alternate commitments of religion and human rights; and respective jurisdictions of civil and religious courts. This volume moves beyond this competitive paradigm to consider law and religion as overlapping and interrelated frameworks that structure the social order, arguing that law and religion share similar properties and have a symbiotic relationship. Moreover, many legal systems exhibit religious characteristics, informing their notions of authority, precedent, rituals and canonical texts, and most religions invoke legal concepts or terminology. The contributors address this blurring of law and religion in the contexts of political theology, secularism, church-state conflicts, and the foundational idea of divine law. This title is also available as Open Access on Cambridge Core.




Law and Theology in Twelfth-century England


Book Description

This book explores the legal and theological thought of Master Vacarius (c.1115/20 - c.1200), the renowned twelfth-century jurist. It focuses on this Italian master's four works, composed in the second half of the twelfth century, which deal with the resolution of conflict in law and theology. Vacarius is a paradox for scholars. They have found it difficult to reconcile his role as a legal teacher, notably through his textbook the Liber pauperum ('Book of the Poor'), which established a school of Roman law at Oxford, with his 'extra-legal' works on marriage, Christology and heretical theology. This study accounts for this paradox by exploring these three extra-legal treatises, composed in the 1160s and 1170s, in light of Vacarius' legal textbook. The author argues that Vacarius applies the legal method of the ius commune (European common law) to theological and sacramental debates. In this way, Vacarius represents a trend in medieval intellectual history, particular to the twelfth-century renaissance, which has been little appreciated to date - the hermeneutic of the 'lawyer-theologian'.




Law and Gospel


Book Description

There's a big difference between judgment and love, obligation and freedom, a wage and a gift. The difference characterizes an extraordinary amount of our day-to-day experience, often dividing fear from hope, and death from life. At the heart of Christianity lies a similar and related dynamic: between the Law and the Gospel. Far from being a reductive or antiquated distinction, understanding where one ends and the other begins allows a person to see both the Bible and themselves-indeed, the whole world!-in a fresh and enlivening way. Written with the non-theologian in mind, this short volume unpacks the good news of God's grace with practicality, humor, and a whole lot of heart.




Faith and Order


Book Description

This book argues that despite the tensions existing in all societies between religious faith and legal order, they inevitably interact. In the course of his discussion Berman traces the history of Western law, exposes the fallacies of law theories that fail to take religion into account, examines key theological, prophetic, and educational themes, and looks at the role of religion in the Soviet and post-Soviet state.




Law and Theology in Deuteronomy


Book Description

Asserting that the laws are a result of theology, and not the other way around, McConville focuses on the relation between the law of the Old Testament and the nature of God and of grace. He acknowledges Deuteronomy as a book of history and documentation of law, but also believes it gives great insight into the character of God. He begins his study with an introduction to the general theology of Deuteronomy. McConville then concentrates on several specific areas: The Alter–LawThe SacrificesThe TitheThe Law of FirstlingsThe FeastsThe Priests and Levites McConville examines the text from historical, linguistic, literary, and theological standpoints. He includes notes, a bibliography, and indexes.




Christian Perspectives on Legal Thought


Book Description

This book explores for the first time the broad range of ways in which Christian thought intersects with American legal theory. Eminent legal scholars—including Stephen Carter, Thomas Shaffer, Elizabeth Mensch, Gerard Bradley, and Marci Hamilton—describe how various Christian traditions, including the Catholic, Calvinist, Anabaptist, and Lutheran traditions, understand law and justice, society and the state, and human nature and human striving. The book reveals not only the diversity among Christian legal thinkers but also the richness of the Christian tradition as a source for intellectual and ethical approaches to legal inquiry. The contributors bring various perspectives to the subject. Some engage the prominent schools of legal thought: liberalism, legal realism, critical legal studies, feminism, critical race theory, and law and economics. Others address substantive areas, including environmental, criminal, contract, torts, and family law, as well as professional responsibility. Together the essays introduce a new school of legal thought that will make a signal contribution to contemporary discussions of law.