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THEOLOGY AND JURISPRUDENCE: A GOOD PARTNERSHIP?

  • Rafael Domingo (a1)
Abstract

In this essay, I argue for the fittingness of restoring in the era of secularization the dialogue between theology, the rational discourse about the divine, and the jurisprudence of the secular legal system. From a secular point of view, it is suitable for legal thinkers and legal philosophers to be familiar with theology, just as it is best for an architect to be familiar with the type of soil on which to build a structure. From a theological point of view, it is also appropriate for theologians to be familiar with the secular-legal, just as it is suitable for an environmental soil scientist to know the type of structures that can be built on a landscape. Interactions, synergies, and communication between sciences play an important role in the development of a scientist's knowledge.

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References
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1 See Wieacker Franz, Römische Rechtsgeschichte, 2 vols. (Munich: Beck, 1988), 1:310–40 (including bibliography).

2 See Leibniz Gottfried Wilhelm, The New Method of Learning and Teaching Jurisprudence, trans. de Iuliis Carmelo Massimo (Clark: Talbot Publishers, 2017), part 2, paragraph 4, page 33.

3 See Max Weber's famous but much-contested essay, The Protestant Ethic and the Spirit of Capitalism, trans. Parsons Talcott, 2nd ed. (Los Angeles: Roxbury, 1998).

4 Berman Harold J., Law and Revolution: The Formation of the Western Legal Tradition (Cambridge, MA: Harvard University Press, 1983), 165 .

5 See the famous essays of Schmitt Carl, Political Theology: Four Chapters on the Concept of Sovereignty, trans. Schwab George (Chicago: University of Chicago Press, 2005); and Schmitt Carl, Political Theology 2: The Myth of the Closure of any Political Theology, trans. Hoelzl Michael and Ward Graham (Cambridge: Polity, 2008).

6 Nagel Thomas, Mind and Cosmos (New York: Oxford University Press, 2012), 71 .

7 In this vein, see Ratzinger Joseph, The Garden of God: Toward a Human Ecology (Washington, DC: The Catholic University of America Press, 2014), 92 . See also, Pope Francis, Laudato Si’ [Encyclical on care of our common home] (May 14, 2015), http://w2.vatican.va/content/francesco/en/encyclicals/documents/papa-francesco_20150524_enciclica-laudato-si.html.

8 See Dworkin Ronald, Justice for Hedgehogs (Cambridge, MA: The Belknap Press of Harvard University Press, 2011), 1314 .

9 See Locke John, First Treatise, in The Selected Political Writings of John Locke, ed. Sigmund Paul E. (New York: W. W. Norton, 2005), chapters 1 and 5, pages 6–10; Locke John, Second Treatise, in The Selected Political Writings of John Locke, ed. Sigmund Paul E. (New York: W. W. Norton, 2005), chapter 2, no. 4, page. 18.

10 Rawls John, Theory of Justice, rev. ed. (Cambridge, MA: The Belknap Press of Harvard University Press, 1999), 441–50 (paragraph 77).

11 See Dworkin Ronald, Sovereign Virtue: The Theory and Practice of Equality (Cambridge, MA: Harvard University Press, 2000).

12 Ackerman Bruce, Social Justice in the Liberal State (New Haven: Yale University Press, 1980), 15–17, 5358 .

13 Universal Declaration of Human Rights, G.A. Res. 217 (III) A, U.N. Doc. A/RES/217(III) (Dec. 10, 1948), art. 1.

14 For an overview of the relation between religion and human rights, see Witte John Jr., and Green M. Christian, eds., Religion and Human Rights: An Introduction (New York: Oxford University Press, 2012).

15 In the same vein, see Maritain Jacques, Christianity and Democracy (San Francisco: Ignatius Press, 2011), 107, 112.

16 Yu Anthony C., “Enduring Change: Confucianism and the Prospect of Human Rights,” in Does Human Rights Need God?, ed. Bucar Elizabeth M. and Barnett Barbra (Grand Rapids: William B. Eerdmans, 2005), 104–32.

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Journal of Law and Religion
  • ISSN: 0748-0814
  • EISSN: 2163-3088
  • URL: /core/journals/journal-of-law-and-religion
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