1st Edition

Christianity and Criminal Law

Edited By Mark Hill QC, Norman Doe, RH Helmholz, John Witte, Jr. Copyright 2020
    382 Pages
    by Routledge

    382 Pages
    by Routledge

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    This collection, by leading legal scholars, judges and practitioners, together with theologians and church historians, presents historical, theological, philosophical and legal perspectives on Christianity and criminal law. 

    Following a Preface by Lord Judge, formerly Lord Chief Justice of England and Wales, and an introductory chapter, the book is divided into four thematic sections. Part I addresses the historical contributions of Christianity to criminal law drawing on biblical sources, early church fathers and canonists, as far as the Enlightenment. Part II, titled Christianity and the principles of criminal law, compares crime and sin, examines concepts of mens rea and intention, and considers the virtue of due process within criminal justice. Part III looks at Christianity and criminal offences, considering their Christian origins and continuing relevance for several basic crimes that every legal system prohibits. Finally, in Part IV, the authors consider Christianity and the enforcement of criminal law, looking at defences, punishment and forgiveness.

    The book will be an invaluable resource for students and academics working in the areas of Law and Religion, Legal Philosophy and Theology.

    Preface - Lord Judge

    1. Introduction
      Mark Hill QC
    2. Historical Contributions of Christianity to Criminal Law

    3. Criminal Law in the Old Testament: Homicide, the Problem of Mens Rea, and God
      Brent A. Strawn
    4. Conflicting Criminal Jurisdictions in Early Christianity
      Markus Bockmuehl
    5. Crime and the Canon Law
      R. H. Helmholz
    6. Retaliation: Christian Reasons for Punishment: An overview
      Mathias Schmoeckel
    7. Christianity and the Liberal Enlightenment Reforms of Criminal Law
      Heikki Pihlajamäki 
    8. Christianity and the Principles of Criminal Law

    9. The Nature of Sin and Crime: Spiritual and Civil Jurisdictions Compared
      Norman Doe
    10. Christianity, Mens Rea and the Boundaries of Criminal Liability
      David McIlroy
    11. Christianity, Human Dignity and Due Process
      Peter Collier QC 
    12. Christianity and Criminal Offences

    13. Christianity and Crimes Against the State
      Nathan S. Chapman
    14. Christianity and Offences Against the Person
      David Etherington QC
    15. Law Like Love Like Language: The Christian Uses of Property Crime
      John F. Stinneford
    16. Crimes against God and the Church
      Jeroen Temperman
    17. Sex Crimes and Christianity
      John Witte, Jr.
    18. Attempts, Complicity, Virtue and the Limits of the Law
      Richard W. Garnett
    19. Christianity and the Enforcement of Criminal Law

    20. Defences: Justification, Excuse and Provocation
      Chloë Kennedy
    21. Punishment, Forgiveness, and Mercy
      Jeffrie Murphy
    22. Christian Virtue and Pardons
      Albert W. Alschuler
    23. Parole, Risk Assessment of Offenders and Christianity
      Sir John Saunders
    24. Judicial Punishment in Transitional Justice: A Christian Restorative Approach
      Daniel Philpott
    25. The Weight of Judgment
      Nathan S. Chapman

    Biography

    Mark Hill QC practises from Chambers in the Inner Temple, London, and is Associate Professor at Cardiff University, UK; the University of Pretoria, South Africa; King's College London, UK; and Notre Dame University Law School, Sydney, Australia.

    Norman Doe is Professor of Law at Cardiff University, UK, and Director of its Centre for Law and Religion. 

    RH Helmholz is the Ruth Wyatt Rosenson Distinguished Service Professor of Law at the University of Chicago, USA.

    John Witte, Jr. is Woodruff University Professor of Law, McDonald Distinguished Professor of Religion and Director of the Center for the Study of Law and Religion at Emory University, USA.