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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, 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.
"In his latest tome, 'Christian Foundations of the Common Law', Dr Augusto Zimmermann rediscovers the Christian roots of the English, American and Australian legal systems. With scholarly acuity, this work skilfully uncovers how great thinkers in Western Civilization understood the cultural importance of these self-evident truths to society and good governance under the rule of law. At a time when perhaps we need it most, Zimmermann shows how Christian ideas like 'natural law', 'natural rights' and 'natural justice', contributed to the development of the common law. In doing so, Dr Zimmermann's work convincingly confirms for us that ideas informed by the Bible influenced in important ways the development of the Common Law, and indeed, the preservation of freedom and justice. Woven through the very readable chapters of this book is a profound understanding of an ancient sacred premise: God revealed moral absolutes in His Word, and placed these truths on the human heart." --William Wagner, Distinguished Professor Emeritus of Law, Western Michigan University, U.S.A., Former U.S. Federal Judge & U.S. Diplomat, President, Salt & Light Global
God's Gifts for a Fallen World Common Grace is often considered Abraham Kuyper's crowning work, an exploration of how God expresses grace even to the unsaved. Kuyper firmly believed that though many people in the world will remain unconverted, God's grace is still shown to the world as a whole. In this third and final volume of Common Grace, Kuyper brings his argument to its logical completion by turning to practical implications. With detailed explorations on matters of church and state, family, upbringing, and society, Kuyper provides practical guidance for all who desire to flourish within the created order, a world in which God's grace is generously given to all.
Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
This book comprises a collection of papers given at the fifth biennial conference of the Centre for Property Law at the University of Reading held in March 2004,and is the third in the series Modern Studies in Property Law. The Reading conference has become well-known as a unique opportunity for property lawyers to meet and confer both formally and informally. This volume includes a refereed and revised selection of the papers given there. The papers thus cover a broad range of topics of immediate importance including: land registration, leasehold and commonhold, prescription and law and equity. A growing and popular aspect of the series is its coverage of property law matters worldwide; this volume includes essays on property law in developing countries, in South Africa, Canada, and Eastern Europe.
This is the final volume of Party Politics following Appeal to the People and The Growth of Parties. In it Sir Ivor Jennings analyses the nature of politics by discussing some of the political ideas such as Church and King, liberty, nationalism, imperialism, free trade and the welfare state, which were instrumental in shaping the British political system.
Blasphemy is the battleground where religious and secular worlds come into conflict. It has a history which reaches into issues of religious belief, freedom of expression, and is bound up with the growth and development of new media. This title draws together a variety of primary sources relating to blasphemy from the Enlightenment onwards.
This collection of legal documents affecting the Christian Church in the Roman Empire is the first its kind in any language. In time the monuments here translated cover the period from the foundation of the Church to the deposition of Romulus Augustulus, the last emperor in the West (476), and to the publication of the second (and only extant) edition of the Code of Justinian I, the most conspicuous champion of Caesaropapism in the East (534)—each terminus ad quem being an arbitrary, but a natural, limit. The character of the originals, which are mostly in either Greek or Latin, is strictly secular, that is, the documents emanate from the State’s officials, ordinarily the emperors, and thus expose the State’s attitude toward the Church. —From the Introduction
This paperback edition of the first of the twelve volumes of A Treatises of Legal Philosophy and General Jurisprudence, serves as an introduction to the first-ever multivolume treatment of all important issues in legal philosophy and general jurisprudence, consisting of a five-volume theoretical part and a six-volume historical part. The theoretical part covers the main topics of contemporary debate. The historical volumes trace the development of legal thought from ancient Greek times through the twentieth century. All volumes are edited by the renowned theorist Enrico Pattaro.