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Agape, Justice, and Law
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    Agape, Justice, and Law
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Book description

In a provocative essay, philosopher Jeffrie Murphy asks: 'what would law be like if we organized it around the value of Christian love, and if we thought about and criticized law in terms of that value?'. This book brings together leading scholars from a variety of disciplines to address that question. Scholars have given surprisingly little attention to assessing how the central Christian ethical category of love - agape - might impact the way we understand law. This book aims to fill that gap by investigating the relationship between agape and law in Scripture, theology, and jurisprudence, as well as applying these insights to contemporary debates in criminal law, tort law, elder law, immigration law, corporate law, intellectual property, and international relations. At a time when the discourse between Christian and other world views is more likely to be filled with hate than love, the implications of agape for law are crucial.

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This list contains references from the content that can be linked to their source. For a full set of references and notes please see the PDF or HTML where available.

Timothy M. Law , When God Spoke Greek: The Septuagint and the Making of the Christian Bible (Oxford: Oxford University Press, 2013), 99105

Love,” Oxford Companion to the Bible, eds. Bruce M. Metzger and Michael D. Coogan (New York: Oxford University Press, 1993), 467–69

Lon L. Fuller , “Positivism and Fidelity to Law: A Reply to Professor Hart,” Harvard Law Review 71, no. 4 (1958): 636

H. L. A. Hart , “Positivism and the Separation of Law and Morals,” Harvard Law Review 71, no. 4 (1958): 620

Louis Le Maire , “Danish Experiences Regarding the Castration of Sexual Offenders,” The Journal of Criminal Law, Criminology, and Police Science 47, no. 3 (1956): 298

Dan M. Kahan and Martha C. Nussbaum , “Two Conceptions of Emotion in Criminal Law,” Columbia Law Review 96, no. 2 (1996): 269

Jill Stauffer's tour de force, Ethical Loneliness: The Injustice of Not Being Heard (New York: Columbia University Press, 2015)

Christine Rosen , Preaching Eugenics: Religious Leaders and the American Eugenics Movement (New York: Oxford University Press, 2004)

Christopher L. Eisgruber and Lawrence G. Sager , Religious Freedom and the Constitution (Cambridge: Harvard University Press, 2007)

John C. Harsanyi , “Can the Maximin Principle Serve as a Basis of Morality? A Critique of John Rawls's Theory,” in American Political Science Review 69, no. 2 (June 1975): 594606

Susannah Heschel , on the other hand, finds the anti-Judaism versus anti-Semitism contrast porous and hard to defend historically. In practice, the Nazi theological critique of Judaism often went hand-in-glove with a racist critique of Jewishness, for example. See her “Historiography of Antisemitism versus Anti-Judaism: A Response to Robert Morgan,” in Journal for the Study of the New Testament 33, no. 3 (March 2011): 257–79

Philip L. Quinn , “Agamemnon and Abraham: The Tragic Dilemma of Kierkegaard's Knight of Faith,” Journal of Literature and Theology 4, no. 2 (1990)

Nicholas Wolterstorff , The Mighty and the Almighty (Cambridge: Cambridge University Press, 2012)

John Witte Jr. and Frank S. Alexander , eds. Christianity and Law: An Introduction (New York: Cambridge University Press, 2008)

Jeffrie G. Murphy , Punishment and the Moral Emotions: Essays in Law, Morality, and Religion (Oxford: Oxford University Press, 2012), Chapter VI, 43

Charles Mathewes , A Theology of Public Life (Cambridge: Cambridge University Press, 2007)

Charles Mathewes , “A Worldly Augustinianism,” Augustinian Studies 41:1 (Fall 2010): 333–48

Michael Jon Kessler , Political Theology for a Plural Age (New York: Oxford University Press, 2013), 218–49

Arthur Ripstein , Equality, Responsibility and the Law (Cambridge: Cambridge University Press, 1998)

John C. P. Goldberg and Benjamin C. Zipursky , “The Moral of MacPherson,” University of Pennsylvania Law Review 146, no. 6 (1998): 1733 for an extended discussion of the modern debate over duties of care

Jean Porter , “De Ordine Caritatis: Charity, Friendship, and Justice in Thomas Aquinas’ Summa Theologiae,” The Thomist 53 (April 1989): 197239

Stephen J. Pope , “‘Equal Regard’ or ‘Special Relations?’ The Inclusiveness of Agape,” Journal of Religion 77 (1997): 354

Ernest J. Weinrib , “The Case for a Duty to Rescue,” Yale Law Journal, 90 (1980): 247

John Gardner , “What Is Tort Law For? Part I. The Place of Corrective Justice,” Law and Philosophy 30 (2011):20

Michelle Evans and Augusto Zimmerman , eds., Global Perspectives on Subsidiarity 37 (Springer: the Netherlands, 2014)

David H. Mcilroy , “Subsidiarity and Sphere Sovereignty: Christian Reflections on the Size, Shape, and Scope of Government,” Journal of Church and State 45 (2003): 739

Margaret S. Archer , “Caritas in Veritate and Social Love,” International Journal of Public Theology 5 (2011): 278–79

Robert K. Vischer , “Subsidiarity as Subversion: Local Power, Legal Norms, and the Liberal State,” Journal of Catholic Social Thought 2 (2005): 279

Michael P. Moreland , “Subsidiarity, Localism, and School Finance,” Journal of Catholic Social Thought 2 (2005): 369

Susan J. Stabile , “Subsidiarity and the Use of Faith-Based Organizations in the Fight Against Poverty,” Journal of Catholic Social Thought 2 (2005): 313

John F. Stinneford , “Subsidiarity, Federalism, and Federal Prosecution of Street Crime,” Journal of Catholic Social Thought 2 (2005): 495

Paolo Carozza , “Subsidiarity as a Structural Principle of International Human Rights Law,” American Journal of International Law 97 (2003)

Michael Lower , “Subsidiarity and Employee Participation in Corporate Governance,” Journal of Catholic Social Thought 2 (2005): 431

David P. Gushee , “Evangelicals and Politics: A Rethinking,” Journal of Law & Religion 23, no. 1 (20072008)

William J. Stuntz , “Christian Legal Theory,” Harvard Law Review 116 (2003): 1709

John Witte Jr., “God Is Hidden in the Earthly Kingdom: The Lutheran Two-Kingdoms Theory as Foundation of Scandinavian Secularity,” in José Casanova et al., Secular and Sacred? The Scandinavian Case of Religion in Human Rights, Law, and Public Space (Bristol CT: Vandenhoeck & Ruprecht, 2013), 56

Dale T. Miller , “The Norm of Self Interest,” American Psychologist 54, no. 12 (1999)

Randall S. Thomas and James F. Cotter , “Shareholder Proposals in the New Millennium: Shareholder Support, Board Response, and Market Reaction,” Journal of Corporate Finance 13 (2007): 368, 373–78

Lawrence R. Helfer and Graeme W. Austin , Human Rights and Intellectual Property: Mapping the Global Interface (Cambridge: Cambridge University Press, 2011)

Thomas C. Berg , “Intellectual Property and the Preferential Option for the Poor,” Journal of Catholic Social Thought 5 (2008): 193, 197–98 (summarizing statements by Vatican officials)

Gabriel J. Michael , “Catholic Thought and Intellectual Property: Learning from the Ethics of Obligation,” Journal of Law and Religion 25 (2009–10): 415, 418

David Zeitlyn , “Gift Economies in the Development of Open Source Software: Anthropological Reflections,” Research Policy 32, no. 7 (2003): 1287

W. G. Maclagan , “Respect for Persons as a Moral Principle – II,” Philosophy 35 (October 1960): 289, 294)

Carlos M. Correa , “Pro-Competitive Measures under TRIPS to Promote Technology Diffusion in Developing Countries,” in Global Intellectual Property Rights, ed. Peter Drahos and Ruth Mayne (London: Palgrave, 2002), 40, 42

Pierre J. Payer , “Prudence and the Principles of Natural Law: A Medieval Development,” Speculum 54 (January 1979): 55, 68


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