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The Oxford Handbook of Christianity and Law (eBook)

Edited by: John Witte Jr., Rafael Domingo

ISBN13: 9780197606773

Published: February 2024

Publisher: Oxford University Press USA

Country of Publication: USA

Format: eBook (ePub)

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This volume tells the story of the interaction between Christianity and law-historically and today, in the traditional heartlands of Christianity and around the globe. Sixty new chapters by leading scholars provide authoritative and accessible accounts of foundational Christian teachings on law and legal thought over the past two millennia; the current interaction and contestation of law and Christianity on all continents; how Christianity shaped and was shaped by core public, private, penal, and procedural laws; various old and new forms of Christian canon law, natural law theory, and religious freedom norms; Christian teachings on fundamental principles of law and legal order; and Christian contributions to controversial legal issues. Together, the chapters make clear that Christianity and law have had a perennial and permanent influence on each other over time and across cultures, albeit with varying levels of intensity and effectiveness.

This volume defines "Christianity" broadly to include Catholic, Protestant, and Orthodox traditions and various denominations and schools of thought within them. It draws on Christian ideas and institutions, norms and practices, texts and titans to tell the story of Christianity's engagement with the world of law over the past two millennia. The volume also defines "law" broadly as the normative order of justice, power, and freedom. The chapters address natural laws of conscience, reason, and the Bible and positive laws enacted by states, churches, and voluntary associations. Several chapters focus on Christian engagement with specific types of law: canon law, family law, education law, constitutional law, criminal law, procedural law, and laws governing labor, tax, contracts, torts, property, and beyond. Other chapters take up cutting edge legal issues of racial justice, environmental care, migration, euthanasia, and (bio)technology as well as fundamental legal principles of liberty, dignity, equality, justice, equity, judgment, and solidarity.

Subjects:: eBooks, Law and Society

Contents:: Preface and Acknowledgements; John Witte Jr. and Rafael Domingo, Emory University, USA; About the Contributors; Part I: Christianity and Law in Historical Perspective; 1. Christianity, Law, and the Bible; Brent A. Strawn, Duke University, USA; 2. Christianity and Roman Law; Maria Doerfler, Yale University, USA; 3. Law and the Church Fathers; Josef Lössl, Cardiff University, UK; 4. Christianity and Byzantine Law; David Wagschal, Ontario College of Art & Design University, Canada; 5. Germanic Christianity and the Law; Mathias Schmoeckel, University of Bonn, Germany; 6. Law in the Context of Medieval Scholasticism; Jean Porter, University of Notre Dame, USA; 7. The Development of the Classical Canon Law; R. H. Helmholz, University of Chicago, USA; 8. Christianity and Medieval Civil Law; Orazio Condorelli, University of Catania, Italy; 9. Law and Orthodox Christianity after Byzantium; Paul Valliere, Butler University, USA; 10. The Protestant Reformations and Law; John Witte Jr., Emory University, USA; 11. Catholic Reform, Law, and the School of Salamanca; David Lantigua, University of Notre Dame, USA; 12. The Church of England and Protestant Established Churches in Europe (1648-1800); T. Jeremy Gunn, International University of Rabat, Morocco; 13. Christianity and Law in the Early Americas; Tamar Herzog, Harvard University, USA; 14. Christianity and Law in the Age of Enlightenment; Harold J. Berman and John Witte Jr., Emory University, USA; 15. Christianity and Law in the Nineteenth Century; Mark D. Chapman, Oxford University, UK; 16. Christianity and Law in the Twentieth Century; Russell Sandberg, Cardiff University, UK; Part II: The Global Interaction of Christianity and Law Today; 17. Christianity and Law in Europe Today; Andrea Pin, University of Padua, Italy; 18. Christianity and Law in North America Today; Nathan S. Chapman, University of Georgia, USA; 19. Christianity and Law in Latin America Today; Cristián Villalonga, Pontifical Catholic University of Chile, Chile; 20. Christianity and Law in Africa Today; Paulinus I. Odozor, University of Notre Dame, USA; 21. Christianity and Law in the Middle East Today; Dörthe Engelcke, Max Planck Institute for Comparative and Private International Law, Hamburg, Germany; 22. Christianity and Law in the Post-Soviet Space and Eurasia Today; Alfons Brüning, Radboud University in Nijmegen, The Netherlands; 23. Christianity and Law in Northeast Asia Today; Jonghyu Jeong, Chonnam National University, South Korea; 24. Christianity and Law in Southeast Asia Today; Daniel PS Goh and Jaclyn L. Neo, National University of Singapore, Singapore; 25. Christianity and Law in China Today; Zhibin Xie, Institute of Sino-Christian Studies, Hong Kong, China; Eric Wang, Emory University, USA; Part III: Christianity and Core Legal Subjects; 26. Christianity and Constitutional Law; Nicholas Aroney, University of Queensland, Australia; 27. Christianity and Procedural Law; Mathias Schmoeckel, University of Bonn, Germany; John Witte Jr., Emory University, USA; 28. Christianity and Equity; Samuel L. Bray and Paul B. Miller, University of Notre Dame, USA; 29. Christianity and Criminal Law; Heikki Pihlajamäki, University of Helsinki, Finland; 30. Christianity and Contract Law; Paolo Astorri, University of Copenhagen, Denmark; Wim Decock, Catholic University of Louvain, Belgium; 31. Christianity and Family Law; Helen M. Alvaré, George Mason University, USA; 32. Christianity and Property Law; Angela C. Carmella, Seton Hall University, USA; 33. Christianity and Torts; Michael P. Moreland, Villanova University, USA; 34. Christianity and the Law of Taxation; Allen Calhoun, Emory University, USA; 35. Christianity and Labor Law; Thomas C. Kohler, Boston College, USA; 36. Christianity and Economic Law; Daniel A. Crane, University of Michigan, USA; 37. Christianity and Education Law; Charles L. Glenn, Boston University, USA; Jan De Groof, College of Europe, Belgium; 38. Christianity and International Law; Neil Walker, Edinburgh University, UK; Part IV. Canon Law, Human Rights, and Religious Freedom; 39. Catholic Canon Law; Judith Hahn, University of Bonn, Germany; 40. Orthodox Canon Law; Vasile Mihai, Saints Peter and Paul Christian Orthodox Church, Boone, NC, USA; 41. Protestant Church Laws; Norman Doe, Cardiff University, UK; 42. Christianity and Natural Law and Natural Rights; Jennifer A. Herdt, Yale University, USA; 43. Christianity and Human Rights Law; Mark Hill, QC, Inner Temple and University of Notre Dame London Law Program, UK; 44. Christianity and the Law of Religious Freedom; Steven D. Smith, University of San Diego, USA; 45. Christianity and Religious Freedom in the Asian Context; Thio Li-ann, National University of Singapore, Singapore; 46. Christianity and the Law of Church-State Relations; Gerhard Robbers, University of Trier, Germany; Part V. Christianity and Emerging Areas of Law; 47. Christianity, Law, and the Ecological Crisis; Massimiliano Montini, University of Siena, Italy; M. Christian Green, Emory University, USA; 48. Christianity and Migration Law; Donald M. Kerwin, Jr., Center for Migrations Studies, New York City, USA; 49. Christianity and Health Care Law; John Keown, Georgetown University, USA; 50. Christianity and the Law of (Bio)technology; Ruth L. Okediji, Harvard University, USA; 51. Christianity and Legal Ethics; Robert F. Cochran, Jr., University of Virginia, USA; 52. Christianity and Racial Justice; Vincent Lloyd, Villanova University, USA; 53. Christianity and Global Justice; Lisa Sowle Cahill, Boston College, USA; Part VI. Christianity and Enduring Legal Principles and Values; 54. Christianity, Love, and Justice; Nicholas Wolterstorff, Yale University, USA; 55. Christianity and Human Dignity; Pamela Slotte, Åbo Akademi University and University of Helsinki, Finland; 56. Christianity and Equality; Julian Rivers, University of Bristol, UK; 57. Christianity and the Rule of Law; Simon Lee, Open University, UK; 58. Christianity and Sovereignty; Nicholas Aroney, University of Queensland, Australia; 59. Christianity and Judgment; David H. McIlroy, Queen Mary University of London, UK; 60. Christianity, Law, and Solidarity; Rafael Domingo, Emory University, USA; Index