{"title":"Thomas Aquinas","authors":"C. J. Reid","doi":"10.4324/9781003015208-5","DOIUrl":"https://doi.org/10.4324/9781003015208-5","url":null,"abstract":"","PeriodicalId":424809,"journal":{"name":"Christianity and Global Law","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126096575","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-03-31DOI: 10.4324/9781003015208-23
Samuel Moyn
{"title":"Christianity and human rights","authors":"Samuel Moyn","doi":"10.4324/9781003015208-23","DOIUrl":"https://doi.org/10.4324/9781003015208-23","url":null,"abstract":"","PeriodicalId":424809,"journal":{"name":"Christianity and Global Law","volume":" 100","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141219709","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-03-31DOI: 10.4324/9781003015208-19
N. Aroney
{"title":"Christianity, sovereignty, and global law","authors":"N. Aroney","doi":"10.4324/9781003015208-19","DOIUrl":"https://doi.org/10.4324/9781003015208-19","url":null,"abstract":"","PeriodicalId":424809,"journal":{"name":"Christianity and Global Law","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114295784","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Religion in general, and Christianity in particular, stands in a complex relationship to the global rule of law. An influential secular narrative assumes that today’s transnational legal order is entirely detached from religion. Yet an alternative account actively attuned to religious involvement in the history of law’s global ambition sees in Christianity a specific source and a deeply sedimented general foundation of a global rule of law, as well as a continuing influence upon its development. It identifies religious actors as key players in formulating a global rule of law. It specifies issues raised by religion around war, mission, intervention and assistance, toleration, and minority protection as important developmental drivers. And in some versions it views contemporary conditions as particularly conducive to an enhanced role for religious influence. This chapter examines the relationship between secular and religious narratives, and also important differences within each. It argues that rather than seeing these narratives as rival external accounts, we should view their mutual tensions and competing projections as internal to - and indelible stamps upon - a still precariously emergent form of law that claims a global jurisdiction.
{"title":"Christianity and the global rule of law","authors":"Neil Walker","doi":"10.2139/ssrn.3490712","DOIUrl":"https://doi.org/10.2139/ssrn.3490712","url":null,"abstract":"Religion in general, and Christianity in particular, stands in a complex relationship to the global rule of law. An influential secular narrative assumes that today’s transnational legal order is entirely detached from religion. Yet an alternative account actively attuned to religious involvement in the history of law’s global ambition sees in Christianity a specific source and a deeply sedimented general foundation of a global rule of law, as well as a continuing influence upon its development. It identifies religious actors as key players in formulating a global rule of law. It specifies issues raised by religion around war, mission, intervention and assistance, toleration, and minority protection as important developmental drivers. And in some versions it views contemporary conditions as particularly conducive to an enhanced role for religious influence. This chapter examines the relationship between secular and religious narratives, and also important differences within each. It argues that rather than seeing these narratives as rival external accounts, we should view their mutual tensions and competing projections as internal to - and indelible stamps upon - a still precariously emergent form of law that claims a global jurisdiction.","PeriodicalId":424809,"journal":{"name":"Christianity and Global Law","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121405706","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
A prominent early modern Italian legal theorist and practicing lawyer, Alberico Gentili is regarded, along with Francisco de Vitoria and Hugo Grotius, as one of the founders of the science of the modern law of nations (ius gentium) and a major figure in the development of international relations. He designed a solid and autonomous framework for the law of nations based on three pillars: the Greco-Roman idea of natural law, the Justinian compilation of Roman law, and the-then novel Bodinian notion of sovereignty as supreme, perpetual, and indivisible power. Gentili freed the law of nations from excessive scholastic influences and theological importations, avoiding metaphysical developments and overly subtle dialectics. He tried to build a system based on practice and experience. His legal construction is more inductive from events, episodes, customs, and facts, than deductive from unchanged premises. Providing some new arguments, he removed religion as a valid reason for conflict and war, he advocated for the legitimacy of non-Christian regimes, especially the Ottomans, and he tried to fix the tenuous lines of separation between jurisprudence and theology and between the internal forum and external forum of canon law. Neither the pope nor the Roman Catholic Church has a place in Gentili’s systematic account. His world-famous saying — silete theologi in munere alieno! — commands the theologian not to be involved in other people’s business and was claimed centuries later by the jurisprudence of European public law to argue in favor of the secularization of the law, beyond the limits Gentili himself intended.
{"title":"Alberico Gentili and the secularization of the law of nations","authors":"R. Domingo, Giovanni Minnucci","doi":"10.4324/9781003015208-8","DOIUrl":"https://doi.org/10.4324/9781003015208-8","url":null,"abstract":"A prominent early modern Italian legal theorist and practicing lawyer, Alberico Gentili is regarded, along with Francisco de Vitoria and Hugo Grotius, as one of the founders of the science of the modern law of nations (ius gentium) and a major figure in the development of international relations. He designed a solid and autonomous framework for the law of nations based on three pillars: the Greco-Roman idea of natural law, the Justinian compilation of Roman law, and the-then novel Bodinian notion of sovereignty as supreme, perpetual, and indivisible power. Gentili freed the law of nations from excessive scholastic influences and theological importations, avoiding metaphysical developments and overly subtle dialectics. He tried to build a system based on practice and experience. His legal construction is more inductive from events, episodes, customs, and facts, than deductive from unchanged premises. Providing some new arguments, he removed religion as a valid reason for conflict and war, he advocated for the legitimacy of non-Christian regimes, especially the Ottomans, and he tried to fix the tenuous lines of separation between jurisprudence and theology and between the internal forum and external forum of canon law. Neither the pope nor the Roman Catholic Church has a place in Gentili’s systematic account. His world-famous saying — silete theologi in munere alieno! — commands the theologian not to be involved in other people’s business and was claimed centuries later by the jurisprudence of European public law to argue in favor of the secularization of the law, beyond the limits Gentili himself intended.","PeriodicalId":424809,"journal":{"name":"Christianity and Global Law","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126045708","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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