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This book presents a comprehensive history of law and religion in the Nordic context. The entwinement of law and religion in Scandinavia encompasses an unusual history, not widely known yet important for its impact on contemporary political and international relations in the region. The volume provides a holistic picture from the first written legal sources of the twelfth century to the law of the present secular welfare states. It recounts this history through biographical case studies. Taking the point of view of major influential figures in church, politics, university, and law, it thus presents the principal actors who served as catalysts in ecclesiastical and secular law through the centuries. This refreshing approach to legal history contributes to a new trend in historiography, particularly articulated by a younger generation of experienced Nordic scholars whose work is featured prominently in this volume. The collection will be a valuable resource for academics and researchers working in the areas of Legal History and Law and Religion.
We typically think of resentment as an unjustifiable and volatile emotion, responsible for fostering the worst political divisions. Recognizing Resentment argues instead that sympathy with the resentment of victims of injustice is vital for upholding justice in liberal societies, as it entails recognition of the equal moral and political status of those with whom we sympathize. Sympathizing with the resentment of others makes us alive to injustice in a way no rational recognition of wrongs alone can, and it motivates us to demand justice on others' behalves. This book rehabilitates arguments for the moral and political worth of resentment developed by three influential thinkers in the early liberal tradition - Joseph Butler, David Hume, and Adam Smith - and uses these to advance a theory of spectatorial resentment, discussing why we should be indignant about the injustice others face, and how such a shared sentiment can actually bring liberal citizens closer together.
In legal jurisprudence, the phenomenon of “hard cases” presents itself as a dilemma between the legal positivists and the natural law realists. Of the former, without the metaphysical underpinnings of an objective legal or moral standard, the legal positivists cannot supply convincing arguments to supplant the sovereign as the origin and authority of law. The natural law realists face the problem of justifying the natural law. Against both views, S. Zinaich Jr. defends a middle position, Analytical Legal Naturalism (ALN). It represents an analytic norm, both necessarily true and known a posteriori. Against the legal positivists, it supplies an objective legal standard by removing--at least for hard cases--the necessity of the will of a sovereign authority. Against the natural law realists, ALN provides a nonmoral standard which, because of its analyticity and necessity, avoids the need for metaethical speculation. Finally, ALN provides a standard that not only supplies the universalizable punch to avoid political subjectivism, but does so in a conventional manner. Thus, ALN does not require a moral or modal reality as truth-making characteristics. Rather, it makes what is legally valuable or disvaluable dependent upon empirically verifiable facts that are legally relevant.