1st Edition

Christianity and Criminal Law




ISBN 9780367858254
Published July 16, 2020 by Routledge
358 Pages

USD $155.00

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Book Description

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.

Table of Contents

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

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Editor(s)

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.