Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.

America's most original legal invention may be the First Amendment guarantee that ''Congress shall make no law respecting an establishment of religion.'' This constitutional provision rejected the millennium-old Western policy of supporting one form of Christianity in each nation and subjugating all other faiths. It was both original and deeply challenging. The new nation encountered difficulty removing the traditional laws that controlled religious doctrine, liturgy, and church life and that discriminated against unpopular religions, and found it even harder to decide more subtle legal questions that continue to divide Americans today: Did the constitutional prohibition on establishment of religion prohibit governmental support for religion altogether, or did it just bar preferential support for some religions over others? Did it require that government remove Sabbath day, blasphemy, oath-swearing and other laws historically rooted in religion, or could those laws now be justified on grounds of tradition, morality, or utility? Did it mean the removal of all religious texts, symbols, and ceremonies from public documents and government lands, or could a democratic government represent these in ever more inclusive ways? Did the First Amendment Establishment Clause bind only "Congress " or were state and local governments bound, too? This twelve essays of this volume examine the diverse and shifting answers to these questions from the founding era until modern times. They show how the eighteenth-century founders took the first decisive steps toward disestablishment of religion, but with diverse political, theological, and philosophical goals in mind. No Establishment of Religion also shows how America's ongoing battles over religion and education, immigration, polygamy, religious funding, religious exemptions, and more have made the original and evolving understanding of disestablishment of religion a source of perennial cultural and constitutional controversy. The authors of the essays stake out strong and sometimes competing positions on what ''no establishment of religion'' meant to the American founders and what it can and should mean for America today. They represent a wide array of perspectives on the genesis and genius of America's original contribution to religious liberty, exposing the fallacies of viewing America as either a Christian nation bent on perpetuating biblical ideals or a secular nation built with a high and impregnable wall of separation between church and state.

Statistics on the American family are sobering. From 1975 to 2000, one-third of all children were born to single mothers, and one-half of all marriages ended in divorce. While children from broken homes are two to three times more likely to develop behavioral and learning difficulties, two-parent families are not immune to problems. The cost of raising children has increased dramatically, and married couples with children are now twice as likely as childless couples to file for bankruptcy. Clearly, the American family is in trouble. But how this trouble started, and what should be done about it, remain hotly contested. In a multifaceted analysis of the current state of a complex institution, "Family Transformed" brings together outstanding scholars from the fields of anthropology, demography, ethics, history, law, philosophy, primatology, psychology, sociology, and theology. Demonstrating that the family is both distinctive in its own right and deeply interwoven with other institutions, the authors examine the roles of education, work, leisure, consumption, legal regulation, public administration, and biology in shaping the ways we court and marry, bear and raise children, and make and break family bonds. International in approach, this wide-ranging volume situates current American debates over sex, marriage, and family within a global framework. Weighing mounting social science evidence that supports a continued need for the nuclear family while assessing the challenges posed by new advocacy for same-sex marriage, and delegalized coupling, the authors argue that only by reintegrating the family into a just moral order of the larger community and society can we genuinely strengthen it. This means not simply upholding traditional family values but truly grasping the family's growing diversity, sustaining its coherence, and protecting its fragility for our own sake and for the common good of society.

This collection, by leading legal scholars, judges and practitioners, together with theologians and church historians, presents historical, theological, philosophical and legal perspectives on Christianity and criminal law. Following a Preface by Lord Judge, formerly Lord Chief Justice of England and Wales, and an introductory chapter, the book is divided into four thematic sections. Part I addresses the historical contributions of Christianity to criminal law drawing on biblical sources, early church fathers and canonists, as far as the Enlightenment. Part II, titled Christianity and the principles of criminal law, compares crime and sin, examines concepts of mens rea and intention, and considers the virtue of due process within criminal justice. Part III looks at Christianity and criminal offences, considering their Christian origins and continuing relevance for several basic crimes that every legal system prohibits. Finally, in Part IV, the authors consider Christianity and the enforcement of criminal law, looking at defences, punishment and forgiveness. The book will be an invaluable resource for students and academics working in the areas of Law and Religion, Legal Philosophy and Theology.

This book explores both historical and contemporary Christian sources and dimensions of global law and includes critical perspectives from various religious and philosophical traditions. Two dozen leading scholars discuss the constituent principles of this new global legal order historically, comparatively, and currently. The first part uses a historical-biographical approach to study a few of the major Christian architects of global law and transnational legal theory, from St. Paul to Jacques Maritain. The second part distills the deep Christian sources and dimensions of the main principles of global law, historically and today, separating out the distinct Catholic, Protestant, and Orthodox Christian contributions as appropriate. Finally, the authors address a number of pressing global issues and challenges, where a Christian-informed legal perspective can and should have deep purchase and influence. The work makes no claim that Christianity is the only historical shaper of global law, nor that it should monopolize the theory and practice of global law today. But the book does insist that Christianity, as one of the world's great religions, has deep norms and practices, ideas and institutions, prophets and procedures that can be of benefit as the world struggles to find global legal resources to confront humanity's greatest challenges. The volume will be an essential resource for academics and researchers working in the areas of law and religion, transnational law, legal philosophy, and legal history.

In the past, Christianity has had both positive and negative influences on democracy. Christian churches have served as benevolent agents of welfare and catalysts of political reform. But they have also served as belligerent allies of repression and censors of human rights. Christian theology has helped to cultivate democratic ideas of equality, li

The Western tradition has always cherished the family as an essential foundation of a just and orderly society, and thus accorded it special legal and religious protection. Christianity embraced this teaching from the start, and many of the basics of Western family law were shaped by the Christian theologies of nature, sacrament, and covenant. This volume introduces readers to the enduring and evolving Christian norms and teachings on betrothals and weddings; marriage and divorce; women's and children's rights; marital property and inheritance; and human sexuality and intimate relationships. The chapters are authoritatively written but accessible to college and graduate students and scholars, as well as clergy and laity. While alert to the hot button issues of sexual liberty today, the contributing authors let the historical figures speak for themselves about what Christianity has and can contribute to the protection and guidance of our most intimate association.

Leading legal scholar John Witte, Jr. explores the role religion played in the development of rights in the Western legal tradition and traces the complex interplay between human rights and religious freedom norms in modern domestic and international law. He examines how US courts are moving towards greater religious freedom, while recent decisions of the pan-European courts in Strasbourg and Luxembourg have harmed new religious minorities and threatened old religious traditions in Europe. Witte argues that the robust promotion and protection of religious freedom is the best way to protect many other fundamental rights today, even though religious freedom and other fundamental rights sometimes clash and need judicious balancing. He also responds to various modern critics who see human rights as a betrayal of Christianity and religious freedom as a betrayal of human rights.

For nearly two millennia, Western law visited the sins of fathers and mothers upon their illegitimate children, subjecting them to systematic discrimination and deprivation. The graver the sins of their parents, the further these children fell in social standing and legal protection. While some reformers have sought to better the plight of illegitimate children, only in recent decades has illegitimacy lost its full legal sting. Yet the social, economic, and psychological costs of illegitimacy still remain high even in the liberal, affluent West. John Witte analyzes and critiques the shifting historical law and theology of illegitimacy. This doctrine, he argues, misinterprets basic biblical teachings on individual accountability and Christian community. It also betrays basic democratic principles of equality, dignity, and natural rights of all. There are no illegitimate children, only illegitimate parents, Witte concludes, and he presses for the protection and rights of all children, regardless of their birth status.

John Calvin developed arresting new teachings on rights and liberties, church and state, and religion and politics that shaped the law of Protestant lands. Calvin's original teachings were periodically challenged by major crises - the French Wars of Religion, Dutch Revolt, the English Civil War, American colonization, and American Revolution. In each such crisis moment, a major Calvinist figure emerged - Theodore Beza, Johannes Althusius, John Milton, John Winthrop, John Adams, and others - who modernized Calvin's teachings and translated them into dramatic new legal and political reforms. This rendered early modern Calvinism one of the driving engines of Western constitutionalism. A number of basic Western laws on religious and political rights, social and confessional pluralism, federalism and constitutionalism, and more owe a great deal to this religious movement. This book is essential reading for scholars and students of history, law, religion, politics, ethics, human rights, and the Protestant Reformation.

This 2007 book analyzes how, why, and when pre-modern Europeans documented their marriages - through property deeds, marital settlements, dotal charters, church court depositions, wedding liturgies, and other indicia of marital consent. The authors consider both the function of documentation in the process of marrying and what the surviving documents say about pre-modern marriage and how people in the day understood it. Drawing on archival evidence from classical Rome, medieval France, England, Iceland, and Ireland, and Renaissance Florence, Douai, and Geneva, the volume provides a rich interdisciplinary analysis of the range of marital customs, laws, and practices in Western Christendom. The chapters include freshly translated specimen documents that bring the reader closer to the actual practice of marrying than the normative literature of pre-modern theology and canon law.

In the past, Christianity has had both positive and negative influences on democracy. Christian churches have served as benevolent agents of welfare and catalysts of political reform. But they have also served as belligerent allies of repression and censors of human rights. Christian theology has helped to cultivate democratic ideas of equality, liberty, and responsibility. But it has also helped to perpetuate repressive ideas of statism, elitism, and chauvinism. In the future, Christian attitudes and actions concerning democracy will face a formidable challenge-both from inside and outside of the Christian community. From inside, new liberation and ecumenical movements will continue to challenge Christianity to lend greater aid to the poor and the oppressed and greater support to the cause of political reform and renewal. From outside, the couapse of socialist ideologies, the emergence of Islam, and the growing secularization of the West will challenge Christianity to develop a more coherent and consistent teaching on democratic law and politics. This collection brings together leading politicians, clerics, and academics of a variety of political positions and Christian persuasions to debate what Christianity has contributed in the past and what it should contribute in the future to the shape of democratic government around the world. It is a crucial contribution to current thought on religion and politics.

The Lutheran Reformation of the early sixteenth century brought about immense and far-reaching change in the structures of church and state, and in religious and secular ideas. This book investigates the relationship between the law and religious ideology in Luther's Germany, showing how they developed in response to the momentum of Lutheran teachings and influence. John Witte, Jr. argues that it is not enough to understand the Reformation in either only theological or legal terms but that a perspective is required which takes proper account of both.

Spanning thousands of years, this new collection brings together writings and teachings about sex, marriage, and family from the Jewish, Christian, Islamic, Hindu, Buddhist, and Confucian traditions. The volume includes traditional texts as well as contemporary materials showing how the religions have responded to the changing conditions and mores of modern life. It reveals the similarities and differences among the various religions and the development of ideas and teachings within each tradition. Selections shed light on each religion's views on a range of subjects, including sexuality and sexual pleasure, the meaning and purpose of marriage, the role of betrothal, the status of women, the place of romance, grounds for divorce, celibacy, and sexual deviance.

Separate chapters devoted to each religion include introductions by leading scholars that contextualize the readings. The selections are drawn from a variety of genres including ritual, legal, theological, poetic, and mythic texts. The volume contains such diverse examples as the Zohar on conjugal manners, a contemporary Episcopalian liturgy for same-sex unions, Qur'anic passages on the equality of the sexes, the Ka--masu--tra on husbands, wives, and lovers, Buddhist writings on celibacy, and Confucian teachings on filial piety.

Contributors include: Michael S. Berger, Emory University; Azizah Y. al-Hibri, Richmond School of Law; Alan Cole, Lewis and Clark College; Paul B. Courtright, Emory University; Patricia Buckley Ebrey, University of Washington; Raja M. El-Habti, Muslim Women Lawyers for Human Rights; Luke Timothy Johnson, Emory University; Mark D. Jordan, Emory University

This accessible and authoritative introduction tells the American story of religious liberty from its colonial beginnings to the latest Supreme Court cases. The authors analyze closely the formation of the First Amendment religion clauses and describe the unique and enduring principles of the American experiment in religious freedom - liberty of conscience, free exercise of religion, religious equality, religious pluralism, separation of church and state, and no establishment of religion. Successive chapters map all of the 240+ Supreme Court cases on religious freedom - covering the free exercise of religion; the roles of government and religion in education; the place of religion in public life; and the interaction of religious organizations and the state. The concluding reflections argue that protecting religious freedom is critical for democratic order and constitutional rule of law, even if it needs judicious balancing with other fundamental rights and state interests. Clear, comprehensive, multidisciplinary, and balanced, this classic volume is an ideal classroom text. This new 5th edition addresses fully the new hot-button issues and cases on religious freedom versus sexual liberty; religious worship in the time of COVID; freedom of conscience and exemption claims; state aid to religion; religious monuments and ceremonies in public life; and the rights and limits of religious groups.

This collection, by leading legal scholars, judges and practitioners, together with theologians and church historians, presents historical, theological, philosophical and legal perspectives on Christianity and criminal law. Following a Preface by Lord Judge, formerly Lord Chief Justice of England and Wales, and an introductory chapter, the book is divided into four thematic sections. Part I addresses the historical contributions of Christianity to criminal law drawing on biblical sources, early church fathers and canonists, as far as the Enlightenment. Part II, titled Christianity and the principles of criminal law, compares crime and sin, examines concepts of mens rea and intention, and considers the virtue of due process within criminal justice. Part III looks at Christianity and criminal offences, considering their Christian origins and continuing relevance for several basic crimes that every legal system prohibits. Finally, in Part IV, the authors consider Christianity and the enforcement of criminal law, looking at defences, punishment and forgiveness. The book will be an invaluable resource for students and academics working in the areas of Law and Religion, Legal Philosophy and Theology.

What impact has Christianity had on the law from its beginnings to the present day? This introduction explores the main legal teachings of Western Christianity, set out in the texts and traditions of scripture and theology, philosophy and jurisprudence. It takes up the weightier matters of the law that Christianity has profoundly shaped - justice and mercy, rule and equity, discipline and love - as well as more technical topics of canon law, natural law, and state law. Some of these legal creations were wholly original to Christianity. Others were converted from Jewish and classical traditions. Still others were reformed by Renaissance humanists and Enlightenment philosophers. But whether original or reformed, these Christian teachings on law, politics and society have made and can continue to make fundamental contributions to modern law in the West and beyond.

America's most original legal invention may be the First Amendment guarantee that ''Congress shall make no law respecting an establishment of religion.'' This constitutional provision rejected the millennium-old Western policy of supporting one form of Christianity in each nation and subjugating all other faiths. It was both original and deeply challenging. The new nation encountered difficulty removing the traditional laws that controlled religious doctrine, liturgy, and church life and that discriminated against unpopular religions, and found it even harder to decide more subtle legal questions that continue to divide Americans today: Did the constitutional prohibition on establishment of religion prohibit governmental support for religion altogether, or did it just bar preferential support for some religions over others? Did it require that government remove Sabbath day, blasphemy, oath-swearing and other laws historically rooted in religion, or could those laws now be justified on grounds of tradition, morality, or utility? Did it mean the removal of all religious texts, symbols, and ceremonies from public documents and government lands, or could a democratic government represent these in ever more inclusive ways? Did the First Amendment Establishment Clause bind only "Congress " or were state and local governments bound, too? This twelve essays of this volume examine the diverse and shifting answers to these questions from the founding era until modern times. They show how the eighteenth-century founders took the first decisive steps toward disestablishment of religion, but with diverse political, theological, and philosophical goals in mind. No Establishment of Religion also shows how America's ongoing battles over religion and education, immigration, polygamy, religious funding, religious exemptions, and more have made the original and evolving understanding of disestablishment of religion a source of perennial cultural and constitutional controversy. The authors of the essays stake out strong and sometimes competing positions on what ''no establishment of religion'' meant to the American founders and what it can and should mean for America today. They represent a wide array of perspectives on the genesis and genius of America's original contribution to religious liberty, exposing the fallacies of viewing America as either a Christian nation bent on perpetuating biblical ideals or a secular nation built with a high and impregnable wall of separation between church and state.

Completed in 1964, Harold J. Berman's long-lost tract shows how properly negotiated, translated and formalised legal language is essential to fostering peace and understanding within local and international communities. Exemplifying interdisciplinary and comparative legal scholarship long before they were fashionable, it is a fascinating prequel to Berman's monumental Law and Revolution series. It also anticipates many of the main themes of the modern movements of law, language and ethics. In his Introduction, John Witte, Jr, a student and colleague of Berman, contextualises the text within the development of Berman's legal thought and in the evolution of interdisciplinary legal studies. He has also pieced together some of the missing sections from Berman's other early writings and provided notes and critical apparatus throughout. An Afterword by Tibor Varady, another student and colleague of Berman, illustrates via modern cases the wisdom and utility of Berman's theories of law, language and community.

Combining Jewish, Greek, and Roman teachings with the radical new teachings of Christ and St. Paul, Christianity helped to cultivate the cardinal ideas of dignity, equality, liberty and democracy that ground the modern human rights paradigm. Christianity also helped shape the law of public, private, penal, and procedural rights that anchor modern legal systems in the West and beyond. This collection of essays explores these Christian contributions to human rights through the perspectives of jurisprudence, theology, philosophy and history, and Christian contributions to the special rights claims of women, children, nature and the environment. The authors also address the church's own problems and failings with maintaining human rights ideals. With contributions from leading scholars, including a foreword by Archbishop Desmond Tutu, this book provides an authoritative treatment of how Christianity shaped human rights in the past, and how Christianity and human rights continue to challenge each other in modern times.

For more than 2,500 years, the Western tradition has embraced monogamous marriage as an essential institution for the flourishing of men and women, parents and children, society and the state. At the same time, polygamy has been considered a serious crime that harms wives and children, correlates with sundry other crimes and abuses, and threatens good citizenship and political stability. The West has thus long punished all manner of plural marriages and denounced the polygamous teachings of selected Jews, Muslims, Anabaptists, Mormons, and others. John Witte, Jr carefully documents the Western case for monogamy over polygamy from antiquity until today. He analyzes the historical claims that polygamy is biblical, natural, and useful alongside modern claims that anti-polygamy laws violate personal and religious freedom. While giving the pro and con arguments a full hearing, Witte concludes that the Western historical case against polygamy remains compelling and urges Western nations to hold the line on monogamy.

What do we mean when we refer to people as being equal by nature? In the first book devoted to human equality as a fact rather than as a social goal or a legal claim, John Coons and Patrick Brennan argue that even if people possess unequal talents or are born into unequal circumstances, all may still be equal if it is true that human nature provides them the same access to moral self-perfection. Plausibly, in the authors' view, such access stems from the power of individuals to achieve goodness simply by doing the best they can to discover and perform correct actions. If people enjoy the same degree of natural capacity to try, all of us are offered the same opportunities for moral self-fulfillment. To believe this is to believe in equality.

This truly interdisciplinary work not only proposes the authors' own rationale but also provides an effective deconstruction of several other contemporary theories of equality, while it engages historical, philosophical, and Christian accounts as well. Furthermore, by divorcing the "best" from the "brightest," it shows how descriptive equality acquires practical significance. Among other accomplishments, By Nature Equal offers communitarians a core principle that has until now eluded them, rescues human dignity from the hierarchy of intellect, identifies racism in a new way, and shows how justice can be freshly grounded in the conviction that every rational person has the same capacity for moral excellence.

This book explores both historical and contemporary Christian sources and dimensions of global law and includes critical perspectives from various religious and philosophical traditions. Two dozen leading scholars discuss the constituent principles of this new global legal order historically, comparatively, and currently. The first part uses a historical-biographical approach to study a few of the major Christian architects of global law and transnational legal theory, from St. Paul to Jacques Maritain. The second part distills the deep Christian sources and dimensions of the main principles of global law, historically and today, separating out the distinct Catholic, Protestant, and Orthodox Christian contributions as appropriate. Finally, the authors address a number of pressing global issues and challenges, where a Christian-informed legal perspective can and should have deep purchase and influence. The work makes no claim that Christianity is the only historical shaper of global law, nor that it should monopolize the theory and practice of global law today. But the book does insist that Christianity, as one of the world's great religions, has deep norms and practices, ideas and institutions, prophets and procedures that can be of benefit as the world struggles to find global legal resources to confront humanity's greatest challenges. The volume will be an essential resource for academics and researchers working in the areas of law and religion, transnational law, legal philosophy, and legal history.