Faith, Freedom, and Family
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Faith, Freedom, and Family: New Studies in Law and Religion (Tübingen: Mohr Siebeck, 2021) (Edited by Norman Doe and Gary S. Hauk)
Description
Faith, freedom, and family together form the bedrock of a good life and a just society. But this foundation has suffered seismic shocks from vibrant religious pluralism, profound political changes, and new conceptions of marriage. This volume retrieves the major legal and theological teachings that have shaped these institutions and suggests ways to strengthen and integrate them anew. Part I highlights the work of several scholars of law and religion who have defined and defended the place of faith in law, politics, and society. Part II documents the development of freedom in the West and parries the attacks of skeptics of modern rights. Part III reaffirms the family as a cornerstone of faith and freedom historically and today, even while defending some modern marital reforms. Opening essays by the editors and closing interviews of the author place Witte's work in biographical and intellectual context and map some of the new frontiers and challenges of faith, freedom, and family around the globe. Table of Contents
Preface and Acknowledgments Foreword: Gary S. Hauk Introduction: Norman Doe Faith 1. The Educational Values of Studying Law and Religion 2. Law, Religion, and Metaphor 3 . What Christianity Offers to the World of Law 4. Faith in Law: The Protestant Reformation of Law and Politics 5. The Uses of Law for the Formation of Character: A Classic Protestant Doctrine for Late Modern Societies? 6. The Good Lutheran Jurist Johann Oldendorp: Law, Conscience, and Equity 7. John Calvin as a French Jurist: Law and Liberty in Geneva 8. The Christian Constitutionalism of Johannes Althusius 9. The Integrative Christian Jurisprudence of John Selden 10. Abraham Kuyper on Family, Freedom, and Fortune 11. The Integrative Christian Jurisprudence of Harold J. Berman 12. Lenn Goodman vs. John Rawls: Law, Religion, and Reason in a Constitutional Democracy 13. Law at the Backbone: The Christian Legal Ecumenism of Norman Doe Freedom 14. The Right to Religious Freedom in the Western Legal Tradition 15. Rights, Resistance, and Revolution in the Western Tradition: Early Protestant Foundations 16. Ordered Freedom: Herman Dooyeweerd’s Emerging Theory of Rights 17. The Right to Self-Defense as Grundnorm: David Little’s Integrative Theory of Human Rights 18. “To Serve Right and to Right Wrong”: Pope Benedict XVI on Human Dignity and Human Rights 19. “The Oracle of Religious Liberty”: John T. Noonan Jr. and The Lustre of Our Country 20. “Fairer Still the Woodlands”: Mapping the Free Exercise Forest with Kent Greenawalt 21. “That Serpentine Wall of Separation”: Philip Hamburger and Daniel Dreisbach on America’s Founding Metaphor of Religious Freedom 22. “Blessed Are the (Religious) Minorities”: Natan Lerner on Religious Freedom Jurisprudence in International Perspective 23. From Bentham to Biggar: Skepticism about Rights Skepticism 24. “A New Black Mass”: Evaluating Samuel Moyn’s Account of the “Myth” of Human Rights Family 25. The Covenant of Marriage: Its Biblical Roots, Historical Influence, and Modern Uses 26. Church, State, and Marriage: Four Early Protestant Models 27. Martin Luther’s Reforms of Marriage and the Family 28. The Marital Covenant in John Calvin’s Geneva 29. The Nature of Family, the Family of Nature: Prescient Insights from the Scottish Enlightenment 30. Three in One: Emil Brunner’s Christian Natural Defense of the Family 31. “It Takes a Society to Raise a Family”: The Multidimensional Family Sphere 32. Faith-Based Family Laws: The Future of Muslim Family Law in Western Democracies 33. Who Governs the Family? Marriage as a New Test Case of Overlapping Jurisdictions 34. Church, State, and Sex Crimes: What Place for Traditional Sexual Morality in Modern Liberal Societies? 35. The Western Case for Monogamy over Polygamy: Response to Reviewers 36. Polygamy in Early America: Review of Sarah Pearsall, Polygamy: An Early American History 37. Church, State, and Family: Reconciling Traditional Teachings and Modern Liberties: Response to Reviewers Appendices: Interviews of John Witte Jr.
Bibliography of John Witte Jr.’s Writings, 1981 to 2021 Index Book Review Symposium
John Witte, Jr.: The Past, Present and Future of a Law and Religion Trailblazer, Journal of Law and Religion 38, Volume 1 (January 2023)
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