Historical and Theological Foundations of Law
Author | : John Eidsmoe |
Publisher | : |
Total Pages | : |
Release | : 2011 |
Genre | : Christianity and law |
ISBN | : 9781936577170 |
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Author | : John Eidsmoe |
Publisher | : |
Total Pages | : |
Release | : 2011 |
Genre | : Christianity and law |
ISBN | : 9781936577170 |
Author | : John Eidsmoe |
Publisher | : |
Total Pages | : 0 |
Release | : 2016 |
Genre | : Christianity and law |
ISBN | : 9780990377467 |
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, traces their development through history, and notes common trends that should cause hope or alarm today. Volume I: Ancient Wisdom. Book I, The Foundation begins 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 are the trends? Polytheism to monotheism, or monotheism to polytheism? Decentralization or centralization of power? Fewer laws or more laws? Gentleness or brutality? Book II, The Cornerstone, focuses on a unique people who many believe have influenced the world more than any other. In a canon of 39 books, the Hebrews established 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. Book III, The Structure, turns 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 the rise of the Canon law of the Church occurs. The Sharia law of Islam is also surveyed. 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, 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. To take root and grow, the Common Law needed fresh soil. In Book VI, The Beacon, the Anglicans establish 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, 55 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 mankind's legal heritage. The truths contained in these volumes will reverberate to future generations who may well need reminding, even as needed today, of the foundations as well as the Founder of the unique American system of Law.
Author | : Jacques Ellul |
Publisher | : |
Total Pages | : 152 |
Release | : 1969 |
Genre | : Jurisprudence |
ISBN | : |
Author | : Frank Isaac Schechter |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 246 |
Release | : 1999 |
Genre | : Trademarks |
ISBN | : 158477035X |
What is the exact 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. ". . . invaluable for starting scholarly research." --Julius J. Marke, A Catalogue of the Law Collection of New York University (1953) 869 "Mr. Schechter has turned up much interesting and hitherto unpublished material concerning the use of guild and artisans' marks in the Middle Ages in England. His chapter (V) on "The Development of Trade Mark Law in the Cutlery Trades," is particularly valuable and contains matter not before in print. It makes understandable the reference to registers of the cutlers' companies in the English Trade Marks Act of 1875." --Edward S. Rogers, Michigan Law Review 24 (1925-1926) 98 Frank Isaac Schechter [1890-1937] received the first doctor of jurisprudence degree given by Columbia University. He was a practicing attorney and authority on trademark law. His father was Solomon Schechter, a Biblical scholar who was the president of the Jewish Theological Seminary and the founder of the United Synagogue of America.
Author | : Robert F. Cochran |
Publisher | : InterVarsity Press |
Total Pages | : 272 |
Release | : 2013-09-01 |
Genre | : Religion |
ISBN | : 0830825738 |
The Bible is full of law. Yet too often, Christians either pick and choose verses out of context to bolster existing positions, or assume that any moral judgment the Bible expresses should become the law of the land. Law and the Bible asks: What inspired light does the Bible shed on Christians’ participation in contemporary legal systems? It concludes that more often than not the Bible overturns our faulty assumptions and skewed commitments rather than bolsters them. In the process, God gives us greater insight into what all of life, including law, should be. Each chapter is cowritten by a legal professional and a theologian, and focuses on a key aspect of the biblical witness concerning civil or positive law--that is, law that human societies create to order their communities, implementing and enforcing it through civil government. A foundational text for legal professionals, law and prelaw students, and all who want to think in a faithfully Christian way about law and their relationship to it.
Author | : Joseph C. Atkinson |
Publisher | : CUA Press |
Total Pages | : 382 |
Release | : 2014 |
Genre | : Religion |
ISBN | : 0813221706 |
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.
Author | : Jacques Ellul |
Publisher | : |
Total Pages | : |
Release | : |
Genre | : Natural law |
ISBN | : |
Author | : Theodore Frank Thomas Plucknett |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 828 |
Release | : 2001 |
Genre | : Common law |
ISBN | : 1584771372 |
Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
Author | : John J. Mueller |
Publisher | : Saint Mary's Press |
Total Pages | : 432 |
Release | : 2007 |
Genre | : Religion |
ISBN | : 0884899209 |
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
Author | : David McIlroy |
Publisher | : Edward Elgar Publishing |
Total Pages | : 200 |
Release | : 2019 |
Genre | : LAW |
ISBN | : 1788114000 |
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.