“Christianity and Natural Law” (Doe, ed.)

9781107186446Within Christian thought, natural law is typically seen as a Catholic concept, indeed, as a concept that distinguishes Catholicism from other Christian communions, like Orthodoxy and Protestantism–the former of which rejects natural law as too cerebral and the latter as too optimistic, given fallen human nature. A new collection of essays from Cambridge University Press, Christianity and Natural Law: An Introduction, examines the place of natural law in the differing Christian traditions and attempts something of a synthesis–a jurisprudence of Christian law itself. The collection is edited by Cardiff University law professor Norman Doe, from whose scholarship I have benefitted in the past. Looks interesting. Here is the description from the publisher’s website:

Historically, natural law has played a pivotal role in Christian approaches to the law, and a contested role in legal philosophy generally. However, comparative study of natural law across global Christian traditions is largely neglected. This book provides not only the history of natural law ideas across mainstream Christian traditions worldwide, but also an ecumenical comparison of the contemporary natural law positions of different traditions. Its focus is not solely theoretical: it tests the practical utility of natural law by exploring its use in the legal systems of the churches studied. Alongside analysis of the assumptions underlying the concept, it also proposes a jurisprudence of Christian law itself. With chapters written by distinguished lawyers and theologians across the world, this book is designed for those studying and teaching law or theology, those who practice and study ecumenism, and those involved in the practice of church law.

Kaveny, “Ethics at the Edges of Law”

Later this year, Oxford University Press will publish a new book by lawyer and theologian Cathleen Kaveny, the Darald and Juliet Libby Professor of Law and Theology at Boston College. Professor Kavey presented her work at the inaugural session of our Center’s Colloquium in Law and Religion in 2012, and her new book, Ethics at the Edges of Law: Christian Moralists and American Legal Thought, looks very interesting indeed. Here’s the description from the Oxford website:

9780190612290Ethics at the Edges of Law makes the case that religious moralists should treat the discipline of law as a valuable conversation partner, rather than reducing it to a vehicle for enforcing judgments about morality and public policy. Religious moralists should treat the secular law as a source of moral wisdom and conceptual insight, in the same way that they treat the discipline of philosophy. Cathleen Kaveny develops her argument by showing how the work of a range of important contemporary figures in Christian ethics, including John Noonan, Stanley Hauerwas, and Margaret Farley, can be enriched and illuminated by engagement with particular aspects of the American legal tradition. The book is divided into three parts: Part I, “Narratives and Norms,” examines how the workings of the legal tradition can shed light on the development of religious and moral traditions. Part II, “Love, Justice, and Law,” uses particular legal cases and controversies to advance questions about the relationship of love and justice in Christian ethics. Part III, “Legal Categories and Theological Problems,” shows how legal categories and concepts can help reframe and even resolve particular moral controversies within religious communities. Ethics at the Edges of Law jumpstarts a fruitful, mutually engaged conversation between the American legal tradition and the tradition of Christian ethics.

 

Birge, “Marriage and the Law in the Age of Khubilai Khan”

In June, the Harvard University Press will release “Marriage and the Law in the Age of Khubilai Khan: Cases from the Yuan dianzhang,” by Bettine Birge (University of Southern California).  The publisher’s description follows:

The Mongol conquest of China in the thirteenth century and Khubilai Khan’s founding of the Yuan dynasty brought together under one government people of 9780674975514-lgdifferent languages, religions, and social customs. Chinese law evolved rapidly to accommodate these changes, as reflected in the great compendium Yuan dianzhang (Statutes and Precedents of the Yuan Dynasty). The records of legal cases contained in this seminal text, Bettine Birge shows, paint a portrait of medieval Chinese family life—and the conflicts that arose from it—that is unmatched by any other historical source.

Marriage and the Law in the Age of Khubilai Khan reveals the complex, sometimes contradictory inner workings of the Mongol-Yuan legal system, seen through the prism of marriage disputes in chapter eighteen of the Yuan dianzhang, which has never before been translated into another language. The text includes court testimony—recorded in the vivid vernacular of people from all social classes—in lawsuits over adultery, divorce, rape, wife-selling, marriages of runaway slaves, and other conflicts. It brings us closer than any other source to the actual Mongolian speech of Khubilai and the great khans who succeeded him as they struggled to reconcile very different Mongol, Muslim, and Chinese legal traditions and confront the challenges of ruling a diverse polyethnic empire.

Alidadi, “Religion, Equality and Employment in Europe”

In June, Hart Publishing will release “Religion, Equality and Employment in Europe: The Case for Reasonable Accommodation,” by Katayoun Alidadi (Bryant University).  The publisher’s description follows:

The management of religious and ideological diversity remains a key challenge of our time, deeply entangled with debates about the nature of liberal democracy, 9781509911387equality, social cohesion, minorities and nationalism, foreign policy and even terrorism. This book explores this challenge at the level of the workplace in Europe. People do not surrender their religion of belief at the gates of the workplace, nor should they be required to do so. But what are the limits of accommodating religious belief in the work place, particularly when it clashes with other fundamental rights and freedoms? Using a comparative and socio-legal approach that emphasises the practical role of human rights, anti-discrimination and employment protection, this book argues for an enforceable right to reasonable accommodation on the grounds of religion or belief in the workplaces in Europe. In so doing, it draws on the case law of Europe’s two supranational courts, three country studies–Belgium, the Netherlands and the UK–as well as developments in the US and Canada. By offering the first book-length treatment of the issue, it will be of significant interest to academics, policy-makers and students interested in a deeper understanding of European and Western inclusion, freedom and equality in a multicultural context.

Thomassen, “British Multiculturalism and the Politics of Representation”

In April, Oxford University Press releases “British Multiculturalism and the Politics of Representation,” by Lasse Thomassen (Queen Mary, University of London).  The publisher’s description follows:

Lasse Thomassen argues that the politics of inclusion and identity should be viewed as struggles over how these identities are represented. He centres thislogoargument through careful analysis of cases from the last four decades of British multiculturalism.

Uses a fresh, poststructuralist approach to reconcile the theoretical and practical issues surrounding inclusion and exclusion – a rare example of how poststructuralism can speak to mainstream concerns and theory

Opens up debates and themes including Britishness, race, the ature and role of Islam in British society, homelessness and social justice

Case studies include public debates about the role of religion in British society; Prime MInisters Gordon Brown and David Cameron>’s contrasting versions of Britishness; legal cases about religious symbols and clothing in schools; and the Nick Hornby novel How to Be Good – most of which have never been covered in such detail before

Examines a number of legal cases: ‘The Queen on the application of Sarika Angel Watkins-Singh v. The Governing Body of Aberdare Girls’ High School and Rhondda Cynon Taf Unitary Authority’, High Court, 2008; ‘Playfoot (a minor), R (on the application of) v Millais School’ High Court 2007; ‘X v Y’, High Court, 2007; and ‘Mandla and another v Dowell Lee and another’, House of Lords, 1983

“Great Christian Jurists in English History” (Helmholz & Hill, eds.)

In May, the Cambridge University Press will release “Great Christian Jurists in English History,” edited by Mark Hill (FTB Chambers) and R. H. Helmholz (University of Chicago).  The publisher’s description follows:

The Great Christian Jurists series comprises a library of national volumes of detailed biographies of leading jurists, judges and practitioners, assessing the impact of their 9781107190559Christian faith on the professional output of the individuals studied. Little has previously been written about the faith of the great judges who framed and developed the English common law over centuries, but this unique volume explores how their beliefs were reflected in their judicial functions. This comparative study, embracing ten centuries of English law, draws some remarkable conclusions as to how Christianity shaped the views of lawyers and judges. Adopting a long historical perspective, this volume also explores the lives of judges whose practice in or conception of law helped to shape the Church, its law or the articulation of its doctrine.

“Great Christian Jurists in English History” (Helmholz & Hill, eds.)

In May, Cambridge University Press will release Great Christian Jurists in English History edited by R.H. Helmholz (University of Chicago) and Mark Hill (FTB Chambers). The publisher’s description follows:

cambridge upThe Great Christian Jurists series comprises a library of national volumes of detailed biographies of leading jurists, judges and practitioners, assessing the impact of their Christian faith on the professional output of the individuals studied. Little has previously been written about the faith of the great judges who framed and developed the English common law over centuries, but this unique volume explores how their beliefs were reflected in their judicial functions. This comparative study, embracing ten centuries of English law, draws some remarkable conclusions as to how Christianity shaped the views of lawyers and judges. Adopting a long historical perspective, this volume also explores the lives of judges whose practice in or conception of law helped to shape the Church, its law or the articulation of its doctrine.

Greenawalt, “From the Bottom Up: Selected Essays”

I’m delighted to post this notice for a new book of essays by my old master, Kent From the Bottom UpGreenawalt: From the Bottom Up: Selected Essays. These previously published and newly collected essays span Kent’s writing life and do an excellent job of conveying his immense and broad erudition. They cover topics including the bases of law (public reasons, natural law, religious reasons, and so on); law and objectivity; and several subject specific inquiries (in criminal law, law and religion, and speech law).

As a compendious but complete introduction to Kent’s thought, you cannot do better. I was honored to provide this book blurb:

A crucial book for understanding the mind of one of the great legal scholars of our time. Kent Greenawalt’s core insight, developed over a scholarly life and across several disciplines, is that the law is best understood inductively–not by drawing hard dividing lines between legal concepts and categories but instead by asking careful questions about how the law works itself out in the real world.

Brasington, “Order in the Court”

This month, Brill will release “Order in the Court: Medieval Procedural Treatises in Translation,” by Bruce C. Brasington (West Texas A&M University).  The publisher’s description follows:

In Order in the Court, Brasington translates and comments upon the earliest medieval48389 treatises on ecclesiastical legal procedure. Beginning with the eleventh-century
“Marturi Case,” the first citation of the Digest in court since late antiquity and the jurist Bulgarus’ letter to Haimeric, the papal chancellor, we witness the evolution of Roman-law procedure in Italy. The study then focusses on Anglo-Norman works, all from the second half of the twelfth century. The De edendo, the Practica legum of Bishop William of Longchamp, and the Ordo Bambergensis blend Roman and canon law to guide the judge, advocate, and litigant in court. These reveal the study and practice of the learned law during the turbulent “Age of Becket” and its aftermath.

Serajuddin, “Cases on Muslim Law of India, Pakistan, and Bangladesh”

In September, Oxford University Press released “Cases on Muslim Law of India, Pakistan, and Bangladesh,” by Alamgir Muhammad Serajuddin (University of Chittagong, Bangladesh).   The publisher’s description follows:

Muslim law is an integral part of the South Asian legal system, and case law plays a major role in its interpretation, application, and development. Through a selection of principal judicial decisions and significant fact situations from pre- and post-independent India, Pakistan, and Bangladesh, this volume provides an easy access to the basic principles and rules of Muslim law, and shows how case law acts as a social barometer and an instrument of change.

The cases discussed cover such diverse areas as sources and interpretation of law, institution of marriage, polygamous marriages, dower, restitution of conjugal rights, talaq, khula, irreconcilable breakdown of marriage, legitimacy, guardianship, and maintenance of wives and divorced wives. Among the important legislations, it covers Dissolution of Muslim Marriages Act 1939, Muslim Family Laws Ordinance 1961, and Muslim Women Act 1986.

The book also shows how religion-based rules of personal law have been interpreted by secular courts during certain epochs in history and how the trend of interpretation has changed over the last 150 years.

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