By Michael W. McConnell, Robert F. Cochran Jr., Angela C. Carmella
This publication explores for the 1st time the extensive variety of how within which Christian notion intersects with American felony idea. Eminent criminal students, together with Stephen Carter, Thomas Shaffer, Elizabeth Mensch, Gerard Bradley, and Marci Hamilton, describe how a number of Christian traditions, together with the Catholic, Calvinist, Anabaptist, and Lutheran traditions, comprehend legislation and justice, society and the kingdom, and human nature and human striving. The ebook unearths not just the variety between Christian criminal thinkers but in addition the richness of the Christian culture as a resource for highbrow and moral methods to felony inquiry. The members convey a number of views to the topic. a few interact the admired faculties of felony concept: liberalism, felony realism, severe felony reviews, feminism, serious race concept, and legislation and economics. Others handle substantive parts, together with environmental, legal, agreement, torts, and relatives legislation, in addition to expert accountability. jointly the essays introduce a brand new university of criminal inspiration that may make a sign contribution to modern discussions of legislation.
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Extra resources for Christian Perspectives on Legal Thought
S. History Textbooks 3– 4, 11 (1987); Charles C. Haynes, A Teacher’s Guide: Religious Freedom in America 6 (1986); Paul C. Y. Times, July 2, 1987 (report of the Association for Supervision and Curriculum Development); Warren Nord and Charles Haynes, Taking Religion Seriously Across the Curriculum 77, 78 (1998). 23 24 McConnell liberalism as a hostile ideology. I believe this is a mistake for both groups. Liberalism, in its original form, was consistent with (and in many respects drawn from) major strains of Christian doctrine.
Moreover, Madison’s prescription for government—to rely on the clash of “opposite and rival interests” to remedy “the defect of better motives”—is similarly based on this pessimistic view of human virtue. “It may be a reﬂection on human nature that such devices should be necessary,” Madison wrote. “But what is government itself but the greatest of all reﬂections on human nature? If men were angels, no government would be necessary. ”5 The Christian understanding of human sin leads, therefore, to the idea that Christian politics should be antiutopian in character.
21 The logical misstep here is not in the identiﬁcation of neutrality, tolerance, and equality as proper guiding principles for liberal government. It is the projection of political principles onto private persons and associations. This is not merely overextension. It is inversion. When government comes to insist that all citizens should be neutral, tolerant, and egalitarian, it ceases to be liberal government. As Rawls has commented, government should not “seek to cultivate the distinctive virtues and values of the liberalisms of autonomy and individuality, or indeed of any other comprehensive doctrine.
Christian Perspectives on Legal Thought by Michael W. McConnell, Robert F. Cochran Jr., Angela C. Carmella