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Towards a jurisprudence of Christian law

Sandberg, Russell ORCID: 2017. Towards a jurisprudence of Christian law. Doe, Christopher Norman, ed. Christianity and Natural Law, Law and Christianity, Cambridge: Cambridge University Press, pp. 220-237.

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This concluding chapter revisits the conflict between positivist and natural law approaches, describing the resultant impasse, and suggesting that it could and should be resolved. It suggests that analysis of how natural law is used within Christian jurisprudence, theology, and to an extent church polity, indicates a number of points of convergence. First, it the use of natural law by Christians in their legal systems should enable a much wider recognition of the role of natural law in legal systems generally, and this could allow resolution of the stand-off between natural law and legal positivism. Second, the study of the use of natural law by Christians in their church legal systems should also stimulate a much richer jurisprudence of Christian law itself. Both conclusions, therefore, point to a need for greater dialogue between experts in religious law and theorists who specialise in jurisprudence and to the desirability of developing a jurisprudence of Christian law.

Item Type: Book Section
Date Type: Publication
Status: Published
Schools: Law
Subjects: K Law > KD England and Wales
Publisher: Cambridge University Press
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Last Modified: 21 Oct 2022 07:35

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