Introduction -- The origins of Western law -- Progress and/or decline? -- The path of reductive neurolaw -- Method in theology and science -- Paleo-law : have we always been human? -- Towards a philosophical critique of neurolaw -- Mind, law, theology -- The soul of the law -- Law, violence, and original sin -- Conclusion.

This chapter analyses Soren Kierkegaard's thought about the history of theology, discussing different notions of historical theology and evaluating how they apply to the way Kierkegaard engaged with history of theology. It explains the two key elements of the Kierkegaardian historical theology: tracking the process of decline from the Christianity of the New Testament to the enfeebled caricature that passed for Christianity in contemporary Denmark; and recovering the voices of the true Christians of the past who (...) genuinely followed Christ in suffering and martyrdom. (shrink)

The Archetypal Sunnī Scholar: Law, Theology, and Mysticism in the Synthesis of al-Bājūrī. By Aaron Spevack. Albany, NY: State University of New York Press, 2014. Pp. viii + 212. $80.

In my essay, I offer an interpretation of Giorgio Agamben’s political thought as a case of philosophical perversion. According to Lacan, perverse practice is based on a structural non-personal enjoyment, in which a pervert assumes the role of an executioner, meticulously executing his task. My analysis will focus on Agamben’s perverse use of the messianic discourse, the aim of which is to explode it from within: while applying all elements of the messianic idiom, Agamben assumes a mission the goal of (...) which is to deactivate all mission and revoke all vocations. As he states in reference to Bartleby the Scrivener as the possible figure of the Messiah, to fulfill the Torah, i.e. the religious law, is to “destroy it from top to bottom.” I will thus claim that Agamben’s strategy of deactivation – a vocation to end all vocation – can be interpreted as a deliberate methodical use of perversion, that is, a position which simultaneously obeys and destroys the law. Although critical of Agamben’s method, I will not use the Lacanian frame of perversion in a value-charged manner. I want to present it as one of the late-modern philosophical modes of thinking, which became so widely seductive precisely of its powerful perverse component. (shrink)

Awareness of boundary, both physical and mental, is seen as the beginning of perception. In any account of the world, therefore, boundary must be a ubiquitous component. In sharp contrast, accounts of God within the Christian tradition commonly have proceeded by the affirmation that God is above and beyond boundary as infinite, timeless, and simple. To overcome this “problem of transcendence,” of how such a God can relate to such a world, an eight-term grammar of boundary is developed to demonstrate (...) how God as Trinity can properly be held to be without boundary yet constitute the ground of a bounded world. This leads to a way of granting theological significance to the origin and development of life. Life is seen to exist in dynamic, intentional relationships between context (“outside”) and intext (“inside”) across permeable boundaries through which an exchange of resources and information takes place for the sake of self-continuation. Comprehending life's distinctive utilization of boundary in terms of the grammar developed here enables life to be seen not only as a vestige of the Trinity but also, precisely because of this, as a sign and parable of redemption. (shrink)

This chapter provides a survey of Kierkegaard's views of systematic theology, doctrine, and dogmatics. It demonstrates that while Kierkegaard's view of theology is generally negative, for he regards it as a human enterprise created in order to avoid doing God's Word, his attitude to doctrine and dogmatics is nuanced and complex. Kierkegaard rejects doctrine insofar as it objectifies Christianity, but nevertheless generally accepts the classic doctrines of the Christian faith and sees no reason to reform them. This ambivalence (...) toward doctrine stems from his conviction that the task facing the believer is not to reflect on doctrine, but to appropriate and apply it existentially to his/her own individual existence. Similarly, although Kierkegaard rejects the efforts of contemporary dogmaticians, dogmatics itself is valid insofar as it reproduces the paradoxical character of Christianity and the decision between faith and offense with which Christian dogmas confront every human being. (shrink)

The theological energies released by Martin Luther in 1517 created a set of theological insights and problems that eventually led to the development of kenotic Christology. This article traces how kenotic Christology originated in the Eucharistic Controversy between Luther and Zwingli, before receiving its first extensive treatment in the debate between the Lutheran theologians of Tübingen and Giessen in,the early seventeenth century. Attention then turns to the nine-teenth century, when doctrinal tensions resulting from the enforced union of the Prussian Lutheran (...) and Reformed churches created the conditions for a new flowering of kenotic Christology in the theologies of Ernst Sartorius and, subsequently, Gottfried Thomasius. Kenotic Christology ultimately originates with Luther, however, for it owes its existence to the creative theological energies he unleashed and which remain his lasting legacy. (shrink)

Law, Person, and Community: Philosophical, Theological, and Comparative Perspectives on Canon Law takes up the fundamental question "What is law?" through a consideration of the interrelation of the concepts of law, person, and community. As with the concept of law described by secular legal theorists, canon law aims to set a societal order that harmonizes the interests of individuals and communities, secures peace, guarantees freedom, and establishes justice. At the same time, canon law rests upon a traditional understanding of the (...) spiritual end of the human person and religious nature of community.The comparison of one of the world's ancient systems of religious law with contemporary conceptions of law rooted in secular theory raises questions about the law's power to bind individuals and communities. Professor John J. Coughlin employs comparative methodology in an attempt to reveal the differing concepts of the human person reflected in both canon law and secular legal theory. Contrasting the contemporary positivistic view of law with the classical view reflected in canon law, Law, Person, and Community discusses the relationship between canon law, theology, and natural law. It also probes the interplay between the metaphysical and historical in the theory of law by an examination of canonical equity, papal authority, and the canon law of marriage. It juxtaposes the assumptions of canon law about church-state relations with those of the modern liberal state as exemplified by U.S. first amendment jurisprudence. No scholarly work has yet addressed this question of how the principles and substance of canon law, both past and present, relate to current issues in legal theory, such as the foundation of human rights and in particular the right of religious freedom for individuals and communities. (shrink)

This essay examines the theology of the nineteenth century Danish theologian and churchman Hans Lassen Martensen, focusing on the disputed question of the kenotic character of Martensen's Christology. A survey of the scholarship on this question is followed by discussions of Martensen's doctrine of God and his Christology, giving particular attention to his controversial notion of the double life of the Logos, i. e. the view that the Logos continued to enjoy an unlimited divine existence in the sphere of (...) eternity while simultaneously living a limited, earthly human existence for the duration of the incarnation. The essay concludes by arguing that Martensen has developed a form of Nestorianism and that his Christology can best be classified as ‘Nestorian kenoticism,’ i. e. an eccentric and problematic form of Christology which affirms the abandonment by the logos ensarkos of the divine attributes during the incarnation, while at the same time insisting that the logos asarkos remains unaffected and in full possession of his powers. (shrink)

Philosophy for AS and A2 is the definitive textbook for students of Advanced Subsidiary or Advanced Level philosophy courses, structured directly around the specification of the AQA. Following a lively foreword by Nigel Warburton, author of Philosophy: The Basics, a team of experienced teachers devote a chapter each to the six themes covered by the syllabus: Each of the chapters include helpful student-friendly features. a list of key concepts, to introduce students to the topic bite-size sections corresponding to the syllabus (...) topics actual exam questions from previous years suggested discussion questions to promote debate text-boxes with helpful summaries, case-studies and examples an annotated further-reading list directing students towards the best articles, books and websites a comprehensive glossary, providing a handy reference point There is a final chapter on essay writing and exam preparation, designed to help students get to grips with the examination board requirements. Philosophy for AS and A2 is written by a team of expert teachers based at Heythrop College - part of the University of London - which specializes in teaching philosophy and theology. (shrink)

The Spirit of the Laws —Montesquieu’s huge, complex, and enormously influential work—is considered one of the central texts of the Enlightenment, laying the foundation for the liberally democratic political regimes that were to embody its values. In his penetrating analysis, Thomas L. Pangle brilliantly argues that the inherently theological project of Enlightenment liberalism is made more clearly—and more consequentially— in Spirit than in any other work. _ In a probing and careful reading, Pangle shows how Montesquieu believed that rationalism, through (...) the influence of liberal institutions and the spread of commercial culture, would secularize human affairs. At the same time, Pangle uncovers Montesquieu’s views about the origins of humanity’s religious impulse and his confidence that political and economic security would make people less likely to sacrifice worldly well-being for otherworldly hopes. With the interest in the theological aspects of political theory and practice showing no signs of diminishing, this book is a timely and insightful contribution to one of the key achievements of Enlightenment thought. (shrink)

Tariq Ramadan’s recent book, Radical Reform: Islamic Ethics and Liberation, boldly proclaims the need for Muslims to completely rethink the very meaning of Islamic law, traditionally the preeminent Islamic normative discourse and a primary distinguishing feature of Islam from other religions, replacing it with a more ecumenical applied ethics. He begins the book by rejecting the moderate reformist methods adopted in his previous books as insufficient for the ‘radical reform’ of their epistemologies and mentalities which he believes contemporary Muslims must (...) undertake. It is tempting, therefore, to see this work as a radical break with Law. In this article, I offer a different interpretation. On my reading, throughout his previous works Ramadan systematically advanced and elevated a certain interpretation of Law, based on an appropriation of certain concepts taken from mainstream Islamic legal theory and crucial to the efforts of all reformist thinkers. It is these concepts, which he retains but completely recasts, which mediate his move to a post-legal Islamic ethics. I argue that Ramadan’s long-term project neither merely abandons Islamic law, nor merely reforms it, but dissolves the framework of Law through its own devices. (shrink)

In his 1935 treatise on divine sovereignty, the Jewish philosopher Martin Buber introduced the idea of an 'anarchic soul of theocracy.' A decade before, the German jurist Carl Schmitt had coined the term 'political theology' in order to designate the Christian theological foundations of modern sovereignty and legal order. In a specular and opposite gesture, Buber argued that the covenant at Sinai established YHWH as the King of the Israelites and simultaneously promulgated the principle that no human being could (...) become sovereign over this people. In so doing, Buber offered an interpretation of Jewish theocracy that is both republican and anarchic. Republican because, by pivoting on the idea that democracy is a function of a people's fidelity to a prophetic higher law, theocracy displaces the central role of the human sovereign. Anarchic because this divine law is saturated with the messianic aim to put an end to relations of domination between peoples. In this book I show that this republican and anarchic articulation of the discourse of political theology characterises the development of Jewish political theology in the 20th century from Hermann Cohen to Hannah Arendt. (shrink)

A unique collection of studies, the present volume sheds new light on central themes of Ibn Taymiyya's (661/1263-728/1328) and Ibn Qayyim al-Jawziyya's (691/1292-751/1350) thought and the relevance of their ideas to diverse Muslim societies. Investigating their positions in Islamic theology, philosophy and law, the contributions discuss a wide range of subjects, e.g. law and order; the divine compulsion of human beings; the eternity of eschatological punishment; the treatment of Sufi terminology; and the proper Islamic attitude towards Christianity. Notably, a (...) section of the book is dedicated to analyzing Ibn Taymiyya's struggle for and against reason as well as his image as a philosopher in contemporary Islamic thought. Several articles present the influential legacy of both thinkers in shaping an Islamic discourse facing the challenges of modernity. This volume will be especially useful for students and scholars of Islamic studies, philosophy, sociology, theology, and history of ideas. (shrink)

Karl Barth and the displacement of natural law in contemporary Protestant theology -- Development of the natural-law tradition through the high Middle Ages -- John Calvin and the natural knowledge of God the Creator -- Peter Martyr Vermigli and the natural knowledge of God the Creator -- Natural law in the thought of Johannes Althusius -- Francis Turretin and the natural knowledge of God the Creator.

Abstract: While recent scholarship often makes the claim that Plato’s theology in the Laws is based upon inferences from observable features about the world, this interpretation runs into difficulties when one considers (1) the continuing importance that the Socratic turn undertaken in the Phaedo has for speculation in the Laws about the order of the cosmos and (2) the actual observations that Plato makes about the sublunar and celestial realms in the Laws. In light of these difficulties, I develop (...) an interpretation of the theology of the Laws that seeks to show the priority of soul to matter by means of an articulation of the fundamental orientation to the world that is manifest in human beings seeking shared understanding through λόγος. This fundamental orientation is characterized by the recognition that νοῦς, not personal ambition, should guide human action and thought, and I argue that this recognition supplies at least partial support for the belief that νοῦς is in control of the cosmos. This interpretation helps makes sense of difficult passages in the Platonic corpus that ground cosmology on piety (Laws 10.898c6, Philebus 28e2, Timaeus 29a4). The relationship of this philosophical piety to the piety required by the laws of Magnesia is, however, problematic, and it could appear that Plato bridges this gap by a prudentialist account of why the laws of the city should be considered divine. I broach this problem in the final section of this paper by way of an examination of the relationship between the second sailing (δεύτερος πλοῦς) of the Phaedo and the δεύτερος πλοῦς of the Statesman and the Laws. I conclude with the observation that both the Phaedo and the Laws make use of an enchantment (ἐπῳδή) that goes beyond the bounds of what λόγος can establish. (shrink)

This impressive volume is the first attempt to look at the intertwined histories of jurisprudence and science in early modern Europe. Taking an interdisciplinary approach these articles stimulate new debate in the areas of intellectual history and the history of philosophy, as well as the natural and human sciences in general.

The article deals with the relationship between theological ethics and moral philosophy. The former is seen as a theoretical reflection on Christian ethics, the latter as one on secular ethics. The main questions asked are: Is there one and only one pre-theoretical knowledge about acting rightly? Does philosophy provide us with the theoretical framework for understanding both Christian and secular ethics? Both questions are answered in the negative. In the course of argument, four positions are presented: theological unificationism, philosophical unificationism, (...) theological separationism and Lutheran dualism. It is argued that the latter position is most convincing. It is dual in the sense of being both a theory of Christian ethics and of including a recognition of natural law. Hence, it unites a particularistic and a universalistic point of view. In the last section a reformulation of the Lutheran position is attempted in making use of the ethical theory of Knud E. Løgstrup''s The Ethical Demand. (shrink)

This essay analyzes the work of Paolo Prodi (1932–2016), which is characterised by a constant reflection on secularisation. As a democratic Catholic, he explored the relationship between the Roman Church and the modern world starting from the Council of Trent and from the dual figure of the pope as a temporal ruler and spiritual guide. His original contribution concerned the conflict between law and conscience: a problem that led him to design a triptych of books on the foundations of the (...) western world. He was influenced not only by Verfassungsgeschichte (German constitutional history), but also by Harold Berman. If for Weber the modern world was born from the Reformation, for Berman it was the ‘Gregorian revolution’ that changed the fate of Latin Europe. For Prodi, too, the medieval conflict between canon and civil law introduced a peculiar structure in Europe that would last until the triumph of the nation states and the so-called ‘political religions’. In his three books (the first dedicated to the oath, the second to justice, the last to economics), Prodi placed at the centre of his analysis the notion of forum; the history of moral theology and casuistry and the relationship between penitence and justice. (shrink)

The belief that laws of nature are contingent played an important role in the emergence of the empirical method of modern physics. During the scientific revolution, this belief was based on the idea of voluntary creation. Taking up Peter Mittelstaedt’s work on laws of nature, this article explores several alternative answers which do not overtly make use of metaphysics: some laws are laws of mathematics; macroscopic laws can emerge from the interplay of numerous subsystems without any specific microscopic nomic structures (...) (John Wheeler’s “law without law”); laws are the preconditions of scientific experience (Kant); laws are theoretical abstractions which only apply in very limited circumstances (Nancy Cartwright). Whereas Cartwright’s approach is in tension with modern scientific methodology, the first three strategies count as illuminating, though partial answers. It is important for the empirical method of modern physics that these three strategies, even when taken together, do not provide a complete explanation of the order of nature. Thus the question of why laws are valid is still relevant. In the concluding section, I argue that the traditional answer, based on voluntary creation, provides the right balance of contingency and coherence which is in harmony with modern scientific method. (shrink)

(1997). From law to theology and back: The rise of the notion of person during the central Middle Ages. The European Legacy: Vol. 2, The Individual in European Culture, pp. 1325-1335.

Islamic Theology, Philosophy and Law: Debating Ibn Taymiyya and Ibn Qayyim al-Jawziyya. Edited by Birgit Krawietz and Georges Tamer. Studien zur Geschichte and Kultur des islamischen Orients, n. F., vol. 27. Berlin: de Gruyter, 2013. Pp. viii + 583. €129,95, $182.

The Laws is the most political of the Platonic dialogues. It also contains the most detailed discussion of theology in the Platonic corpus, indeed, one of the most extensive accounts of this subject in all of classical literature. This dissertation addresses the question of why a philosopher concerned with politics should need to undertake such a sustained discussion of the gods. Most scholars have seen the theology of the Laws either as instrumental to the dialogue's political program or (...) as the premise from which that program is deduced. This dissertation opposes both of these reductionist accounts. When one reads the Laws as a whole and on its own terms, the theology emerges naturally from the inquiry into political regimes. ;In order to show this, I undertake an investigation of the nature of law and lawgiving through an examination of Plato's Minos. Next I examine Plato's critical political science through a discussion of the key concepts of that science as employed in the Laws. I then look at the psychology which undergirds that political science. This leads into a direct examination of the theology of the tenth book of the dialogue. This examination shows that the theology is the natural outgrowth of the Laws advocacy of a regime dedicated to human excellence, but also that the theology points beyond the city, transcending it in such a way as to open it to continues improvement and to goods which are higher than politics. (shrink)

The overall goal of the article is to reexamine Hobbes’s concern to respond to the challenges of the republican perspective on the relationship between the liberty of subjects and the political power. If, according to Skinner, republican theorists appealed to sources of classical antiquity, I argue that Hobbes chooses to offer a blend of classical and theological ideas in order to generate a “science” of the political life within the confines of a postlapsarian world dominated by passion and the fear (...) of death. If the image of God is maintained in the Hobbesian politics, it is because Hobbes needed a model of imitation of a stability that the individuals dominated by passions failed too often to have. Hobbes also needed a model of omnipotence and providence to be imitated by the sovereign. This complex relationship between the theological heritage of the past and the novelties inaugurated in political thought by Hobbes’s accent on human passions triggers a series of changes in Hobbes’s understanding of the law of nature and natural right. The article brings to discussion Hobbes’s indebtedness to Lactantius in reading Lucretius’s materialism, Augustine’s model of God as a Creator and the theological controversy between intellectualism and voluntarism when formulating his own anthropological perspective on “natural” and “civil” law and right. (shrink)

In 1979, on the thirty-ninth anniversary of the closing of the Franco-Spanish border at Port Bou and one day before the anniversary of the suicide of Walter Benjamin, Jacob Taubes and Carl Schmitt opened the Bible in the Sauerland. The two men sat down in Plettenburg to read St. Paul's Epistle to the Romans, chapters 9-11. As if in memory of Benjamin, they spoke “under a priestly seal”: Schmitt, the most important state law theorist of the twentieth century, a Roman (...) Catholic and sometime member of the Nazi Party; Taubes, a Jewish philosopher of a Messianic and oddly left-wing disposition.…. (shrink)

This essay is an attempt to understand the significance of Barth's redefinition of the "law/gospel" rubric for political theology. Barth's thought is exposited at length, and illumined by comparison with Luther and Calvin. Luther emphasizes the distance between gospel and the law, distinguishing between serving God in the secular regiment, and serving Christ in the spiritual regiment. He thereby challenges the improper relation of state and church, but does so in a manner that can lead to a passive dualism. (...) Calvin holds that preaching the law to the state includes preaching the gospel; thus, the church has a positive vision against which it can evaluate the state's service to God in Christ. This leads, however, to the danger of a 'clerical guardianship' of the state. Barth finds a positive connection between the two governments in the fact that both communities are based in Christ, in whom the gospel is their law. This grounds his high view of the state as predecessor to the heavenly kingdom, as well as a prophetic mission of the church to the state. This does not lead to a new Christendom, however, first, because Barth hopes not for a kingdom wrought by human hands, but for the Theocracy of God, and second, because Barth sees the fallen reality of both church and state, the state pagan and violent, and the church a poor witness. In the end, though Barth makes a strong case for supporting theological critique of the state, while avoiding Constantinianism, he is unable to solve the problem of how to connect the gospel and the law in the civil community. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Relationship between Theology and Canon Law: Another Context of Political Thought in the Early Fourteenth CenturyTakashi ShogimenPolitical thought and ecclesiology in the early fourteenth century have often been assessed as a series of responses to the question of the relationship between church and state. The conflict between Pope Boniface VIII and Philippe IV at the turn of the thirteenth and fourteenth centuries acutely demonstrated the conflict between (...) the spiritual and temporal powers. The conflict between Pope John XXII and the claimant to the imperial throne, Ludwig of Bavaria, also seems to have formed the historical background against which contemporary intellectuals expounded their political and ecclesiological thought. Two recent excellent textbooks on medieval political thought discussed the early fourteenth century from such a perspective and situated Marsilius of Padua and William of Ockham, along with their papalist adversaries, in this context. 1It is indeed a fair treatment of the period; however, it is not the only legitimate perspective. For instance, an alternative perspective can be developed through an examination of the Poverty Controversy between Pope John XXII and the Franciscans. This dogmatic dispute over the question of whether Christ and the apostles did not own anything individually or communally had a political dimension: it involved discussions on the nature of papal power over the church and resulted in the refinement of the idea of natural rights. 2 The dichotomy [End Page 417] between the papal and imperial camps can also mislead historical interpretation if the fact that each camp was not monolithic is overlooked. Just as Marsilius and Ockham embraced different political views in the alleged imperial camp, so the alleged papal ideologists did not always share the same views. It has even been argued that the doctrines propounded by “papalists” and “anti-papalists” were not irreconcilable but differed only in emphasis. 3 It is easy to see that the problem of Church and State is not the all-embracing concern of the period.What, then, are the possible benchmarks against which we can evaluate the political views of contemporary thinkers? This paper is intended to suggest that there is another context against which political thought and ecclesiology in the early fourteenth century may be assessed: that is, the relationship between theology and canon law. The contemporary polemicists’ view on the role that theology and canon law should play in an ecclesiastical dispute such as the Poverty Controversy largely determined their political or ecclesiological perspectives. To show this, I should like to compare, in the context of the poverty dispute, the ecclesiological views of two theologians in the so-called “papalist” and “anti-papalist” camps respectively: Guido Terreni and John Baconthorpe on the one hand, and William of Ockham and Michael of Cesena on the other. The comparison between Terreni and Baconthorpe will elucidate clearly that their contrasting attitude toward the role of canon law in contemporary ecclesiastical disputes determined the paradigms of their ecclesiologies, resulting in two entirely different ecclesiologies, save the fact that they were both aimed at defending the position of Pope John XXII on Franciscan poverty. The comparison between Ockham and Michael of Cesena will reveal how their contrasting views on the nature of the Poverty Controversy—theological or canonistic—determined not only the pattern of their defense of the Franciscan doctrine of poverty but also the development of their polemics.The relationship between theology and canon law had been a perennial problem ever since the latter had grown into an independent discipline. Scholastic theologians in the thirteenth century were critical of canon law studies. Bonaventure, for example, affirmed theology’s superiority over canon law: he wrote that theology questioned propter quid, whereas canon law enquired into [End Page 418] quia. Bonaventure, following Aristotle, asserted that there are higher and lower sciences, and what for the higher science, theology, is the conclusion of its enquiry is for the lower science, canon law, its starting point. 4 Thomas Aquinas considered that the intrusion of the decretalists into theological matters was disagreeable and ridiculous, 5 as did Roger Bacon. 6 These theologians’ comments testify to the antagonism between theologians and canonists in the thirteenth century. Lawyers, too, were fully aware of this situation, as seen... (shrink)