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May 4, 20260 citationsOpen Access

Law and Religion: The Challenges of Christian Jurisprudence

WJWitte, Jr., John

Key Points

  • This article aims to explore the intersection of law and Christian religion within legal studies, emphasizing the importance of religious dimensions in jurisprudence.
  • Analyzed the rise of interdisciplinary legal studies in relation to legal positivism.
  • Discussed various sources and structures of law and religion, along with their enforcement mechanisms.
  • Examined challenges facing Christian jurists and theologians in contemporary legal studies.
  • Identified a need for law studies to enhance their acknowledgment of religious sources.
  • Highlighted the significance of integrating neglected traditions and promoting ecumenism in Christian jurisprudence.
  • Pointed out the balancing elements between justice and mercy, rule and equity, and orthodoxy and liberty.

Abstract

This article is both an apologia and agenda for the interdisciplinary study of law and religion, especially the Christian religion. Briefly tracing the rise of the contemporary interdisciplinary legal studies movement against the backdrop of legal positivism, the article argues that legal studies must take full account of the religious sources and dimensions of law. Law and religion are two great interlocking systems of values and belief with their own sources and structures of normativity and authority, their own methods and measures of enforcement and amendment, and their own rituals and habits of conceptualization and celebration of values. Yet, they share many elements, many concepts, and many methods. They balance each other by counterpoising justice and mercy, rule and equity, orthodoxy and liberty, discipline and love. Though Christian jurists, theologians, and ethicists have made monumental contributions to this burgeoning field of law and religion study, this article addresses several challenges that lie before them in this new century, including the need to look to neglected traditions and times and to engender a more ecumenical and concrete Christian jurisprudence.

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Witte, Jr., John (2005) studied this question.

synapsesocial.com/papers/69f837933ed186a739981cb5https://doi.org/10.17613/8a3y9-fqb97
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