(Source: Routledge)
Routledge is publishing a new
book on Christianity and private law.
ABOUT THE BOOK
This volume examines the
relationship between Christian legal theory and the fields of private law.
Recent years have seen a
resurgence of interest in private law theory, and this book contributes to that
discussion by drawing on the historical, theological, and philosophical
resources of the Christian tradition. The book begins with an introduction from
the editors that lays out the understanding of “private law” and what
distinguishes private law topics from other fields of law. This section
includes two survey chapters on natural law and biblical sources. The remaining
sections of the book move sequentially through the fields of property,
contracts, and torts. Several chapters focus on historical sources and show the
ways in which the evolution of legal doctrine in areas of private law has been
heavily influenced by Christian thinkers. Other essays draw out more
contemporary and public policy-related implications for private law.
While this book is focused on the
relationship of Christianity to private law, it will be of broad interest to
those who might not share that faith perspective. In particular, legal
historians and philosophers of law will find much of interest in the original
scholarship in this volume. The book will be attractive to teachers of law,
political science, and theology. It will be of special interest to the many law
faculty in property, contracts, and torts, as it provides a set of often
overlooked historical and theoretical perspectives on these fields.
ABOUT THE EDITORS
Robert F. Cochran Jr. is Louis D.
Brandeis Professor of Law, Caruso School of Law, Pepperdine University, USA,
and Senior Fellow, Center for Advanced Studies in Culture, University of
Virginia, USA.
Michael P. Moreland is University
Professor of Law and Religion and Director of the Eleanor H. McCullen Center
for Law, Religion and Public Policy, Villanova University, USA.
TABLE OF CONTENTS
1. Introduction
a. John Witte, Jr. (Emory) -
Foreword
b. The Editors - Introduction
c. James R. Gordley (Tulane) -
Christian Origins of Private Law
d. Brent A. Strawn (Duke) -
Biblical Understandings of Private Law
2. Property
a. David W. Opderbeck (Seton
Hall) - Christian Thought and Property Law
b. William S. Brewbaker III
(Alabama) - Augustinian Property
c. Richard H. Helmholz (Chicago)
- Religion and English Property Law: 1500-1700
d. Adam J. MacLeod (Faulkner) –
Property and Practical Reason
e. Paula A. Franzese and Angela
C. Carmella (Seton Hall) – Catholic Social Teaching, Property Law, and Public
Housing
3. Contracts
a. Wim Decock (KU Leuven,
Belgium) - Contract Law in Early Modern Scholasticism
b. David S. Caudill (Villanova) -
Private Law in Christian Perspective: The Example of Dooyeweerd on Contracts
c. C. Scott Pryor (Campbell) -
Destabilizing Contract: A Christian Argument For Revitalizing Unconscionability
d. Val D. Ricks (South Texas) –
Christianity, Freedom, and the Doctrine of Consideration
e. Michael A. Helfand
(Pepperdine) - Privatization and Pluralism in Dispute Resolution: Promoting
Religious Values through Contract
4. Torts
a. Michael P. Moreland
(Villanova) and Jeffrey A. Pojanowski (Notre Dame) – The Moral of Torts
b. David F. Partlett (Emory) –
Christianity and Tort Duties
c. Nathan B. Oman (William and
Mary) – Christianity’s Quarrel with Civil Recourse Theory
d. Robert F. Cochran, Jr. (Pepperdine) -
Tort Law and Intermediate Communities: Catholic and Calvinist Theories
More info here
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