(Source: Pellowe Talk)
Connor
Court Publishing has just published the 3rd volume of a 3 volume-work by Professor
Augusto Zimmermann on Christian Foundations of the Common Law. Volume I (on England)
can be found here,
Volume II (on the United States) can be found here.
The current volume deals with Australia.
APPRAISAL
“In his latest tome, ‘Christian Foundations of
the Common Law’, Dr Augusto Zimmermann rediscovers the Christian roots of the
English, American and Australian legal systems. With scholarly acuity, this
work skilfully uncovers how great thinkers in Western Civilization understood
the cultural importance of these self-evident truths to society and good
governance under the rule of law. At a time when perhaps we need it most,
Zimmermann shows how Christian ideas like ‘natural law’, ‘natural rights’ and ‘natural
justice’, contributed to the development of the common law. In doing so, Dr
Zimmermann’s work convincingly confirms for us that ideas informed by the Bible
influenced in important ways the development of the Common Law, and indeed, the
preservation of freedom and justice. Woven through the very readable chapters
of this book is a profound understanding of an ancient sacred premise: God
revealed moral absolutes in His Word, and placed these truths on the human
heart”.–William Wagner, Distinguished Professor
Emeritus of Law, Western Michigan University, U.S.A., Former U.S. Federal Judge
& U.S. Diplomat, President, Salt & Light Global
“Professor Zimmermann’s book is striking in its
depth and breadth. Not since Harold Berman’s volumes on Law and Revolution
has such a mammoth task been undertaken. Berman’s positive influence is
clear in the way Zimmermann systematically and incontrovertibly demonstrates
the Christian roots of the common law in Australia, England and the US.
Yet Zimmermann goes further than Berman in at least two respects. First,
he delves deeply into three particular jurisdictions and focuses on influential
political figures in an enlightening way. Second, Zimmermann skilfully
takes into account recent developments in Western politics and culture and a
broad range of contemporary scholarship in theology, legal theory and history,
philosophy and constitutional law. This book is therefore informative for
scholars and laity alike, and essential reading for a legal community which
seems content to drift ever further from its Christian origins. I highly recommend it.” — Dr Alex Deagon FHEA, Senior Lecturer in
Law, Queensland University of Technology, Author of ‘From Violence to Peace:
Theology, Law and Community’
“Professor Augusto Zimmermann has produced an
extremely helpful book in which he carefully demonstrates the indissociable
Christian origins of the common law. This is a most timely publication,
particularly in the context of contemporary discourse that attempts to
relativise religious influence. Professor Zimmermann traces how many of our
current freedoms within a broad, plural, public square can be attributed to a
rich seam of Christian philosophical influence that has evidently infused the
development of the common law in different jurisdictions. In my view, this is
essential reading for students and scholars alike who seek a fuller
appreciation as to the origins of the common law.” — Simon McCrossan LL.M, Barrister, UK, Head of
Public Policy, Evangelical Alliance UK
“If we forget our history we are destined to
repeat mistakes of the past. If we are not truthful about our history we cannot
understand our present. It is popular today to attempt to whitewash the
positive influence of religion not only from the present but also from the
past. The idea that law is morally neutral and that religion generally and
Christianity, in particular, is a force of evil and not good has become popular
in Australia’s mainstream press and embraced by politicians and academics. In
this excellent book, Dr Zimmermann carefully lays out for the reader an easily
digestible and highly readable account of the Christian roots of the common law
in England, the United States and Australia. His book is a very valuable
addition to Australian works on legal history and will assist not only lawyers
and law students but all interested readers to better understand why our legal
system is as it is. The work also provides an understanding of the dangers of
forgetting the common laws roots in Christianity and in particular in the use
of reason grounded in faith. It demands publication”. — Michael Quinlan, Dean & Professor of Law,
The University of Notre Dame Australia, (Sydney)
“I very much enjoyed reading this book by Dr
Augusto Zimmermann. I think the book has the great potential to have a timeless
impact and its historical overview of the Christian foundations of the common
law and the laws of the U.S. and Australia is thorough, important and timely.
In sum, this is an excellent and timely work, for which I deeply commend its
author”. — Michael V. Hernandez, Dean & Professor of
Law, Regent University School of Law, U.S.A.
“Awareness of history is the most serious
casualty of our age. If it is taught at all, it is too often restricted to
topical issues and current events in isolation from their larger context. In
the legal profession, for example, few practitioners fully appreciate the huge
dependence of the Common Law on Christian principles; Christian moral theology
and philosophy lie at the very heart of western jurisprudence. Professor
Zimmermann’s wonderful book outlines these connections, confidently ranging
over an enormous and ambitious body of material and setting them out with
lucidity and grace. Such a book is a treasure, much needed and long
overdue”. — David Daintree AM, Director, The Christopher
Dawson Centre for Cultural Studies (Tasmania), Author of ‘Soul of the West:
Christianity and the Great Tradition’
“This is an eminently readable book which
should be read by law students, legal academics, practising lawyers and the
judiciary. I also recommend the book to those who, although they may not have
been trained in the rigorous discussion of legal and moral issues, are
nevertheless interested in understanding the legal, philosophical and Christian
roots of our legal system. Hence, it is with pleasure that I recommend this
book to the widest possible readership. This book is erudite, informative,
well-written and researched and most importantly, it is a timely reminder of
the Christian heritage of the Common Law that has served us so well for many
centuries”. — Gabriël A. Moens, Emeritus Professor of Law,
The University of Queensland, Former Pro-Vice-Chancellor and Law Dean, Murdoch
University
“Attempts to limit the scope of public
discourse to the strictly secular are pushing Christianity and its conception
of the “good life” to the margins of society. At a time when religious belief
is increasingly cast as a matter of private opinion that can have no bearing on
the shaping of policy, Augusto Zimmermann issues a timely reminder that one of
our foundational institutions – the Common Law – is deeply rooted in
Christianity. This important book is both a scholarly account of those roots
and a warning of the threats the Common Law tradition will face if Western
civilisation slips its Christian moorings”. — Peter Kurti, Research Fellow, Religion and
Civil Society Program, The Centre for Independent Studies (Sydney)
“In an age of cynicism, apathy and despair
Professor Zimmermann’s book comes as a fresh and timely reminder to not neglect
the legal and parliamentary Christian foundations of our nation. With well
researched material, this book documents how the history of Common Law is
intrinsically intertwined with the Christian faith. It is a very enlightening,
inspiring and encouraging contribution, documenting this important aspect of
Australia’s Christian heritage. Every Australian needs to read it to appreciate
our heritage of freedom, which one hundred thousand Australians sacrificed
their lives to defend in two world wars”. — Dr Graham McLennan, Chairman, National
Alliance of Christian Leaders (NACL), Joint Founder, Christian History Research
website (www.chr.org.au)
“From the perspective of a practitioner whose
daily routine is arguing in court, Augusto Zimmermann’s Christian Foundations
of the Common Law, with its encyclopaedic English, American and Australian
perspective, is an elegant commentary on the relation between the law and
ideas, both theological and philosophical. The part devoted to the United
States is particularly significant for the rest of the common law world whose
law is so much influenced by that country. This is a must read book for anyone
who wishes to understand where we are and where we came from.” — Michael McAuley, President, St Thomas More
Society (Australia), Barrister, Selborne Chambers (Sydney)
“We are indebted to Augusto Zimmermann for his
magnificent account of the role played by Christian philosophy in the
development of the legal systems of England, the U.S. and Australia. This is a
highly significant and original work, written with great clarity and directness
yet displaying profound historical and theological scholarship. It is
especially relevant in our times when scant attention is paid to the
contribution of Christian values and beliefs to human life. This book will
enrich the understanding of many, but it will also challenge and irritate that
realm of secularist thought that sees Christianity as a dark and sinister
presence on the human condition” — Michael Mc Mahon OMI, Department of Religious
Education and English, Mazenod College, Perth
“Professor Zimmermann’s book is outstanding in
its breadth and depth. The Christian influence on the legal institutions that
have come to define the West is proven beyond doubt in this work. Zimmermann’s
study brings together not just the best historical, legal, and philosophical
analyses on the question of the origins and evolution of the West’s legal traditions,
but also offers original insights of its own. More and more, in spite of the
declarations of secularist triumphalists, we are discovering that the
institutions that have brought so much freedom and stability to the West are
indeed a result of a complex set of historical traditions and practices
evolving in dialogue with Christian institutions and ideas. If it is perilous
for a civilisation to forget the traditions that have nourished and animated
its most successful and valuable institutions, then Zimmermann’s book is not
merely a fascinating read but also indispensable for the task of preserving
modern liberties against various creeping totalitarianisms, secularist and
religious.” — Dr Stephen Chavura B.A. (Hons. I), Ph.D.
(UNE), Senior Research Associate, Department of Modern History and Politics,
Macquarie University, Sydney.
“At a time when Christianity is being pushed
out of the public square, Dr Zimmermann’s latest book is a timely and important
antidote to the modern myth that our common law rights emerged from thin air or
was a gift from international bodies like the United Nations. In fact, as Dr
Zimmermann’s historical analysis reveals, the reason we have a public square is
that of early English legal developments driven by theologians and Christian
jurists. Dr Zimmermann has yet again made an important contribution to the
legal literature which should be required reading by all first year law
students (as well as the lecturers!)”. –Morgan Begg, Research Fellow, Institute of
Public Affairs (Melbourne)
“Christianity, history and law all get a bad
rap nowadays. They are ignored, denounced or misrepresented. Yet all three are
vital to modern democracies, and all three are closely related as Dr Zimmerman
so brilliantly demonstrates in this important volume. This exceedingly
thorough, well-researched, and well-written book is essential reading for those
who would see faith and freedom retain their much-needed role in Western
society”. — Bill Muehlenberg, CultureWatch, Author of
‘Modern Conservative Thought’
More
information here
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