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Lutheran Theology and Secular Law: The Work of the Modern State

Lutheran Theology and Secular Law: The Work of the Modern State

Author: Marie Failinger; Ronald W. Duty
Publisher: Routledge
ISBN: 9781138245136
Published In: April 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This collection brings together lawyers and theologians in the U.S. and Europe to reflect on Lutheran understandings of the political use of the law by secular governments. The book furthers the intellectual conversation about how Lutheran insights can be used to develop jurisprudence and specific solutions to legal issues in which there is strong conflict. It presents the basic theological and interpretive assumptions of the Lutheran tradition as they may inform the creation of legislation and judicial interpretation at local, national and international levels. The authors explore Luther’s conception of the foundations of modern secular law and understanding of vocation. The work discusses the application of Lutheran theological principles to contemporary issues such as the war on terror, native land rights, property law, family law, church and state, medical experimentation, and the criminal law of rape, providing ethical insights for lawyers and lawmakers.

Part I: Our Secular Age

1. The Contribution of Law to the Secularization of Politics: Impulses from Luther’s Doctrine of the Two Kingdoms - Stefan Heuser

Part II: Lutheran theology and legal philosophy

2. Legal Positivism in Lutheran Ethics - Carl-Henric Grenholm

3. Antinomianism: The "Lutheran" Heresy - Paul R. Hinlicky

Part III: The Individual and the State

4. Separability as Distinction: The Individual Subject of the Civil Law - Michael J. Kessler

5. Luther and Machiavelli: The Human Subject, Religion and the State - Michael Reid Trice

6. Luther’s Two Strategies and Political Advocacy: Law, Righteousness, Reason, Will and Works in their Civil Use - Craig L. Nessan

7. A Case for Toleration: Righteous Exemptions, Conscientious Objection, and the Public Good - H. David Baer

Part IV. International Law and Human Rights

8. Liberation, Law and Proleptic Dignity - Ted Peters

9. U.S. War-culture, The Post-9/11 "Unlawful Alien Combatant,’ and "Peace in God’s World" - Kelly Denton-Borhaug

Part V: Domestic Legal Issues

10. Economic Justice and the Seventh Commandment: Reformation-era Insights - Mary Jane Haemig

11. The Doctrine of Discovery in American Indian Law: A Lutheran Theological Critique - Ronald W. Duty

12. For the Woman Who Yelled ‘Fire!’ in my Backyard: Rape Law and Lutheran Theology - Mary J. Streufert

13. Re-creating the Law of the Family: A Lutheran Perspective - Marie A. Failinger and Patrick R. Keifert

Part VI: Professionals, Law and Neighbor-Love

14. Professional Responsibility, Informed Consent and Neighbor Love in Cancer Trials: Theological, Ethical and Legal Dimensions - Deanna A. Thompson

15. Role Morality, Dirty Hands and the Theology of Vocation - W. Bradley Wendel

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