Ethics at the Edges of Law

Author(s):  
Cathleen Kaveny

Ethics at the Edges of Law: Christian Moralists and American Legal Thought shows how methods and doctrines drawn from the American legal tradition can constructively advance the discussion of key issues in Christian ethics. More broadly, the book argues that religious ethicists should consider legal thought to be a valuable conversation partner on a par with philosophical thought. Each of the chapters places the work of an important contemporary figure in Christian ethics in conversation with particular legal cases and questions. The book is divided into three major parts: “Narratives and Norms,” “Love, Justice, and Law,” and “Legal Categories and Theological Problems.” Ethicists considered include John Noonan Jr., Stanley Hauerwas, Jeffrey Stout, Gene Outka, Margaret Farley, Paul Ramsey, Robert E. Rodes Jr., Walter Kasper, Germain Grisez and H. Tristram Engelhardt Jr. Legal topics explored include the development of the common law as a morally rich tradition, the relationship between rules and particular cases, and the role of individual experience in formulating generally applicable norms. Theological issues discussed include the meaning of covenant fidelity, the requirements of compassion, and the demands of neighbor love. Fruitful intersections between law and theological ethics are developed by considering particular examples and cases from contract law, criminal law, and health-care law. Ethics at the Edges of Law ends by examining the various and often conflicting meanings of the term “legalism,” which has long been considered a derogatory term in Christian moral thought.

2000 ◽  
Vol 53 (4) ◽  
pp. 431-448
Author(s):  
Samuel Wells

The three most common criticisms of Stanley Hauerwas' work are that he is a sectarian, that he is a fideist, and that he lacks a doctrine of creation. My intention in this essay is to show that how greater attention to the eschatological implications of his theological ethics would enable Hauerwas successfully to respond to his critics.


2021 ◽  
Vol 2 ◽  
pp. 61-68
Author(s):  
Viktor A. Kovalev ◽  
◽  
Konstantin E. Krylov ◽  

The main theme of the article is investigation of the electoral culture in the European political and legal thought. Authors argue the ancient sources of this tradition tracing it from the three sources — Roman, German and Christian political thoughts. During the Middle Ages European legal concepts of the supreme power’s nature oscillated between hereditary and election as a foundation of the supreme power. Only on the edge of the Middle Ages and the Modern Era monarchy became strait hereditary. The idea of election did not disappear, remains the core ingridient of the image of power’s legitimacy.


Author(s):  
Gerald McKenny

Does theological ethics articulate moral norms with the assistance of moral philosophy? Or does it leave that task to moral philosophy alone while it describes a distinctively Christian way of acting or form of life? These questions lie at the heart of theological ethics as a discipline. Karl Barth’s theological ethics makes a strong case for the first alternative. This book follows Barth’s efforts to present God’s grace as a moral norm in his treatments of divine commands, moral reasoning, responsibility, and agency. It shows how Barth’s conviction that grace is the norm of human action generates problems for his ethics at nearly every turn, as it involves a moral good that confronts human beings from outside rather than perfecting them as the kind of creature they are. Yet it defends Barth’s insistence on the right of theology to articulate moral norms, and it shows how Barth may lead theological ethics to exercise that right in a more compelling way than he did.


2019 ◽  
Vol 59 (2) ◽  
pp. 127-170
Author(s):  
Constance Arminjon

AbstractIn a comparative perspective, this article analyses the doctrinal debates that arose in Sunni and Shi’ite Islam after the adoption of the Universal Declaration of Human Rights in 1948. During a couple of decades this text hardly brought about any response in Islam. From the 1980s onwards, an increasing number of prominent thinkers started confronting their legal tradition to that from which human rights derive. While comparing both legal systems, they contribute to major and contrasting developments in contemporary Islamic legal thought.


2014 ◽  
Vol 29 (1) ◽  
pp. 142-169
Author(s):  
John Witte ◽  
Christopher J. Manzer

AbstractThe late Harold Berman was a pioneering scholar of Soviet law, legal history, jurisprudence, and law and religion; he is best known today for his monumentalLaw and Revolutionseries on the Western legal tradition. Berman wrote a short book,Law and Language, in the early 1960s, but it was not published until 2013. In this early text, he adumbrated many of the main themes of his later work, includingLaw and Revolution.He also anticipated a good deal of the interdisciplinary and comparative methodology that we take for granted today, even though it was rare in the intense legal positivist era during which he was writing. This essay contextualizes Berman'sLaw and Languagewithin the development of his own legal thought and in the evolution of interdisciplinary legal studies. It focuses particularly on the themes of law and religion, law and history, and law and communication that dominated Berman's writing until his death in 2007.


Author(s):  
Noah J. Toly

In The Gardeners’ Dirty Hands: Global Environmental Politics and Christian Ethics, Noah Toly engages the resources of Christian theological ethics to identify, explore, and respond to the most salient feature of contemporary environmental challenges. In conversation with contributions to Christian ethics, Toly argues that modern environmental thought, global environmental governance, climate change, and the Anthropocene are characterized by a struggle with the tragic, which may be described as the need to give up, forego, undermine, or destroy one or more goods to possess or secure one or more other goods. Drawing upon the work of Dietrich Bonhoeffer, Toly develops a “Cruciform imaginary” that should inform our responses to the tragic.


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