This book explores both historical and contemporary Christian sources and dimensions of global law and includes critical perspectives from various religious and philosophical traditions.
Two dozen leading scholars discuss the constituent principles of this new global legal order historically, comparatively, and currently. The first part uses a historical-biographical approach to study a few of the major Christian architects of global law and transnational legal theory, from St. Paul to Jacques Maritain. The second part distills the deep Christian sources and dimensions of the main principles of global law, historically and today, separating out the distinct Catholic, Protestant, and Orthodox Christian contributions as appropriate. Finally, the authors address a number of pressing global issues and challenges, where a Christian-informed legal perspective can and should have deep purchase and influence. The work makes no claim that Christianity is the only historical shaper of global law, nor that it should monopolize the theory and practice of global law today. But the book does insist that Christianity, as one of the world’s great religions, has deep norms and practices, ideas and institutions, prophets and procedures that can be of benefit as the world struggles to find global legal resources to confront humanity’s greatest challenges.
The volume will be an essential resource for academics and researchers working in the areas of law and religion, transnational law, legal philosophy, and legal history.
Table of Contents
List of Contributors; Preface and Acknowledgements; Introduction, Rafael Domingo and John Witte, Jr.; Part I: Historical-Biographical Approach; 1. St. Paul and the Moral Law, C. Kavin Rowe; 2. Augustine and the Common Good, Josef Lössl; 3. Thomas Aquinas: Definitions and Vocabulary in His Treatise on Law, Charles J. Reid Jr.; 4. Francisco de Vitoria and the Global Commonwealth, Andreas Wagner; 5. Francisco Suárez on the Law of Nations and Just War, Henrik Lagerlund; 6. Alberico Gentili and the Secularization of the Law of Nations, Rafael Domingo and Giovanni Minnucci; 7. Johannes Althusius and the Universal Rule of Natural Laws and Rights, John Witte, Jr.; 8. Hugo Grotius and the Making of Modern Natural Law, Jon Miller; 9. Kant’s Religion and Perpetual Peace, Lawrence Pasternack; 10. Jacques Maritain and the Universal Declaration of Human Rights, William Sweet; 11. Robert Schuman and the Process of European Integration, Rafael Domingo; Part II: Structural Principles of Global Governance; 12. Christianity and the Global Rule of Law, Neil Walker; 13. Christianity and the Principle of Dignity, Martin Schlag; 14. Christianity and the Principle of Equality in Global Law, Julian Rivers; 15. Christianity and the Principle of the Common Good, George Duke; 16. Christianity, Sovereignty, and Global Law, Nicholas Aroney; 17. Christianity and the Principle of Solidarity, Ana Marta González; 18. Christianity and the Principle of Subsidiarity, Thomas C. Kohler; Part III: Global Issues and Global Public Goods; 19. Christianity and Human Rights, Samuel Moyn; 20. Christianity and the International Economic Order, Daniel A. Crane; 21. Christianity and a Global Law for Migration, Silas W. Allard; 22. Christianity, Global Environmental Protection, and Animal Law, Anne Peters and Mark Somos; 23. Christianity and the Use of Force: Lex and Pax Christi, Mary Ellen O’Connell; 24. Christianity and International Criminal Law, Johan D. van der Vyver; Index
Rafael Domingo is the Spruill Family Professor of Law and Religion at Emory University, USA, and Alvaro d’Ors Professor of Law at the University of Navarra, Spain.
John Witte, Jr. is Robert W. Woodruff University Professor, McDonald Distinguished Professor of Religion, and Director of the Center for the Study of Law and Religion at Emory University, USA.