Faith and Order: The Reconciliation of Law and Religion

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Wm. B. Eerdmans Publishing, 1993 - Religion - 427 pages
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This book argues that despite the tensions existing in all societies between religious faith and legal order, they inevitably interact. In the course of his discussion Berman traces the history of Western law, exposes the fallacies of law theories that fail to take religion into account, examines key theological, prophetic, and educational themes, and looks at the role of religion in the Soviet and post-Soviet state.
 

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Contents

INTRODUCTION RELIGIOUS DIMENSIONS OF LAW
1
Historical Themes
21
WHY THE HISTORY OF WESTERN LAW IS NOT WRITTEN
23
THE RELIGIOUS FOUNDATIONS OF WESTERN LAW
35
MEDIEVAL ENGLISH EQUITY
55
LAW AND BELIEF IN THREE REVOLUTIONS
83
THE TRANSFORMATION OF WESTERN LEGAL PHILOSOPHY IN LUTHERAN GERMANY
141
THE RELIGIOUS SOURCES OF GENERAL CONTRACT LAW AN HISTORICAL PERSPECTIVE
187
Theological Prophetic and Educational Themes
311
LAW AND LOVE
313
JUDAICCHRISTIAN VERSUS PAGAN SCHOLARSHIP
319
LAW AND HISTORY AFTER THE WORLD WARS
323
THE CRISIS OF LEGAL EDUCATION IN AMERICA
333
IS THERE SUCH A THINGCAN THERE BE SUCH A THINGAS A CHRISTIAN LAW SCHOOL?
341
Russian and Soviet Themes
353
ATHEISM AND CHRISTIANITY IN SOVIET RUSSIA
355

THE INTERACTION OF LAW AND RELIGION IN AMERICAN CONSTITUTIONAL HISTORY
209
RELIGIOUS FREEDOM AND THE CHALLENGE OF THE MODERN STATE
221
Sociological and Philosophical Themes
237
SOME FALSE PREMISES OF MAX WEBERS SOCIOLOGY OF LAW
239
INDIVIDUALISTIC AND COMMUNITARIAN THEORIES OF JUSTICE AN HISTORICAL APPROACH
251
LAW AND RELIGION IN THE DEVELOPMENT OF A WORLD ORDER
277
TOWARD AN INTEGRATIVE JURISPRUDENCE POLITICS MORALITY HISTORY
289
THE USE OF LAW TO GUIDE PEOPLE TO VIRTUE A COMPARISON OF SOVIET AND US PERSPECTIVES
367
THE WEIGHTIER MATTERS OF THE LAW A RESPONSE TO SOLZHENITSYN
381
CHRISTIANITY AND DEMOCRACY IN SOVIET RUSSIA
393
ACKNOWLEDGMENTS
403
INDEX
405
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