Special Issue - April 2009 Theology and the Higher Law

Theology and the Higher Law

I could never have done radio without a boost from an atheist, and some help from the old priest-rabbi-and-a-minister routine. My very first radio broadcast included those very same clergypeople as the panel on KABC’s “Religion on the Line” program, which ran for two hours, commercial free, on Sunday nights. The evening of my debut, …

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Special Issue - April 2009 Law, Higher Law, and Human Making

Law, Higher Law, and Human Making

This paper is a preliminary investigation of what Christian theology might teach us about the nature of human creative activity and its relationship to judging and lawmaking. Rather than attempt to survey and synthesize multiple theological accounts of human making, it focuses on just one – Dorothy Sayers’ The Mind of the Maker. The foundational …

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Special Issue - April 2009 Law and Redemption: Political Judgment and the Church’s Proclamation

Law and Redemption: Political Judgment and the Church’s Proclamation

To situate the human enterprise of giving law or political judgment within a theological understanding of “the higher law” is to situate the political reality of human freedom within a theological understanding of the total reality of human freedom. I suspect that every practitioner of law views the legal enterprise both as expressing human freedom …

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Special Issue - April 2009 What Can We Hope For from Law?

What Can We Hope For from Law?

What can a lawyer of faith hope for, and expect from, law? This Essay, based on the 2008 Louis Brandeis Lecture given at Pepperdine University, discusses why and how this question matters not just as a matter of theory but to our real-world lawyering journeys. The Essay discusses two of the frameworks that can shape …

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Special Issue - April 2009 Cain’s Law

Cain’s Law

In the heady days of Critical Legal Studies (CLS) conferences, we rarely discussed Bible stories. I am going to start, however, with Cain and Abel, or at least with an amateur Augustinian take on Cain and Abel. As Oliver O’Donovan has pointed out, the story provides a useful metaphorical frame for considering the task of …

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Special Issue - April 2009 For Peter, With Love

For Peter, With Love

Before I start, a bit of context may be helpful. Peter Gabel and I go back a long way and our agreements and disagreements, just as long. As best as I can figure out, we were the only two members of the original Critical Legal Studies (CLS) crew who were deeply and permanently influenced, some …

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