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"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 "Professor Zimmermann's book is striking in its depth and breadth. Not since Harold Berman's volumes on Law and Revolution has such a mammoth task been undertaken. Berman's positive influence is clear in the way Zimmermann systematically and incontrovertibly demonstrates the Christian roots of the common law in Australia, England and the US. Yet Zimmermann goes further than Berman in at least two respects. First, he delves deeply into three particular jurisdictions and focuses on influential political figures in an enlightening way. Second, Zimmermann skilfully takes into account recent developments in Western politics and culture and a broad range of contemporary scholarship in theology, legal theory and history, philosophy and constitutional law. This book is therefore informative for scholars and laity alike, and essential reading for a legal community which seems content to drift ever further from its Christian origins. I highly recommend it." -- Dr Alex Deagon FHEA, Senior Lecturer in Law, Queensland University of Technology, Author of 'From Violence to Peace: Theology, Law and Community'
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.
This book examines how Christian love can inform legal thought. The work introduces love as a way to advance the emergent conversation between constructive theology and jurisprudence that will also inform conversations in philosophy and political theory. Love is the central category for Christian ethical understanding. Yet, the growing field of law and religion, and relatedly law and theology, rarely addresses how love can shape our understanding of law. This reflects, in part, a common assumption that law and love stand in necessary tension. Love applies to the private and the personal. Law, by contrast, applies to the public and the political, realms governed by power. It is thus a mistake to envisage love as having anything but a negative relationship to law. This conclusion continues to govern Christian understandings of the meaning and vocation of law. The animating idea of this volume is that the concept of love can and should inform Christian legal thought. The project approaches this task from the perspective of both historical and constructive theology. Various contributions examine how such thinkers as Augustine, Aquinas, and Calvin utilised love in their legal thought. These essays highlight often neglected aspects of the Christian tradition. Other contributions examine Christian love in light of contemporary legal topics including civility, forgiveness, and secularism. Love, the book proposes, not only matters for law but can transform the terms on which Christians understand and engage it. The book will be of interest to academics and researchers working in the areas of legal theory; law and religion; law and philosophy; legal history; theology and religious studies; and political theory.
Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
From the early days of European settlement in North America, Christianity has had a profound impact on American law and culture. This volume profiles nineteen of America's most influential Christian jurists from the early colonial era to the present day. Anyone interested in American legal history and jurisprudence, the role Christianity has played throughout the nation's history, and the relationship between faith and law will enjoy this worthy and unique study. The jurists covered in this collection were pious men and women, but that does not mean they agreed on how faith should inform law. From Roger Williams and John Cotton to Antonin Scalia and Mary Ann Glendon, America's great Christian jurists have brought their faith to bear on the practice of law in different ways and to different effects.
World of Theology Series Thomas K. Johnson: The First Step in Missions Training: How our Neighbors are Wrestling with God's General Revelation Thomas K. Johnson: Christian Ethics in Secular Cultures David Parker: Discerning the Obedience of Faith: A Short Histo- ry of the World Evangelical Alliance Theological Commission Thomas Schirrmacher (Ed.): William Carey: Theologian - Lin- guist - Social Reformer Thomas Schirrmacher: Advocate of Love - Martin Bucer as Theologian and Pastor Thomas Schirrmacher: Culture of Shame / Culture of Guilt Thomas Schirrmacher: The Koran and the Bible Thomas Schirrmacher (ed.): The Humanisation of Slavery in the Old Testament Jim Harries: New Foundations for Appreciating Africa: Beyond Religious and Secular Deceptions Thomas Schirrmacher: Missio Dei - God's Missional Nature Thomas Schirrmacher: Biblical Foundations for 21st Century World Mission
In one systematic volume, James Montgomery Boice provides a readable overview of Christian theology. With scholarly rigor and a pastor's heart, Boice carefully opens the topics of the nature of God, the person and work of Christ, the work of the Holy Spirit in justification and sanctification, and ecclesiology and eschatology. This updated edition includes a foreword by Philip Ryken and a section-by-section study guide.
BEING A CHRISTIAN LAWYER IS POSSIBLE, BUT NOT EASY. Law professor Michael Schutt believes that Christians belong in the legal profession and should regard it as a sacred calling. Schutt offers this book as a vital resource for reconceiving the theoretical foundations of law and gives practical guidance for maintaining integrity within a challenging profession. A hopeful and practical book for law students and those serving in the legal profession.
The Collected Courses of the Xiamen Academy of International Law contain the Summer Courses taught at the Xiamen Academy of International Law by highly qualified international legal professionals. The Second Volume of the Series contains the following articles: Aspects de la question des sources du droit international Yves Daudet The Paradigms of Universalism and Particularism in the Age of Globalisation: Western Perspectives on the Premises and Finality of International Law Armin von Bogdandy and Sergio Dellavalle Legal Aspects of Electronic Commerce: Rules of Evidence, Contract Formation and Online Performance Jose Angelo Estrella Faria The Elusive Pro-Arbitration Priority in Contemporary Court Scrutiny of Arbitral Awards Tibor Várady The Xiamen Academy of International Law aims to promote academic exchanges among legal communities across the globe, encourage examination of major international issues and, by so doing, seek ways to improve the possibilities for world peace and international cooperation. It seeks to achieve this aim by providing the highest level of education to individuals, particularly those from Asian countries, interested in the development and use of international law – persons such as young lecturers in international law, diplomats, practitioners of transnational law, government officials in charge of foreign affairs, and officials of international organizations.
Written by a veteran Christian educator, this readable book describes the relationship between the Christian faith and the world of learning by looking at the five modern worldviews competing with Christian theism.