American Law From A Catholic Perspective

Edited by Ronald J. Rychlak, American Law from a Catholic Perspective is one of the most comprehensive surveys of American legal topics by major Catholic legal scholars. Contributors explore bankruptcy, corporate law, environmental law, family law, immigration, labor law, military law, property, torts, and several different aspects of constitutional law, among other subjects. Readers will find probing arguments that bring to bear the critical perspective of Catholic social thought on American legal jurisprudence. Essays include Michael Ariens’s account of Catholicism in the intellectual discipline of legal history, William Saunders’s assessment of human rights and Catholic social teaching, Hadley Arkes’s look at the place of Catholic social thought with respect to bioethics, and many others on major legal topics and their intersection with Catholic social teaching. American Law from a Catholic Perspective is essential reading for all Catholic lawyers, judges, and law students, as well as an important contribution to non-Catholic readers seeking guidance from a faith tradition on questions of legal jurisprudence. Based on well-developed and established ideas in Catholic social thought, the evaluations, suggestions, and remedies offer ample food for thought and a basis for action in the realm of legal scholarship.

This book presents an engaging collection of essays exploring "catholic" and "Catholic" perspectives on American law--catholic in their claims of universal truths, and Catholic in their grounding in the teachings of the Roman Catholic Church

Ethics at the Edges of Law: Christian Moralists and American Legal Thought shows how methods and doctrines drawn from the American legal tradition can constructively advance the discussion of key issues in Christian ethics. More broadly, the book argues that religious ethicists should consider legal thought to be a valuable conversation partner on a par with philosophical thought. Each of the chapters places the work of an important contemporary figure in Christian ethics in conversation with particular legal cases and questions. The book is divided into three major parts: “Narratives and Norms,” “Love, Justice, and Law,” and “Legal Categories and Theological Problems.” Ethicists considered include John Noonan Jr., Stanley Hauerwas, Jeffrey Stout, Gene Outka, Margaret Farley, Paul Ramsey, Robert E. Rodes Jr., Walter Kasper, Germain Grisez and H. Tristram Engelhardt Jr. Legal topics explored include the development of the common law as a morally rich tradition, the relationship between rules and particular cases, and the role of individual experience in formulating generally applicable norms. Theological issues discussed include the meaning of covenant fidelity, the requirements of compassion, and the demands of neighbor love. Fruitful intersections between law and theological ethics are developed by considering particular examples and cases from contract law, criminal law, and health-care law. Ethics at the Edges of Law ends by examining the various and often conflicting meanings of the term “legalism,” which has long been considered a derogatory term in Christian moral thought.

Drawing upon Catholic social teaching, traditional writings, and Sacred Scripture, this book presents a Catholic perspective of crime and criminal justice in America. Specifically, it presents a policy framework for the criminal justice system describing how and why police, courts, and corrections should adopt the tenets of restorative and community justice. In addition, it presents how certain crime-related issues would be addressed under a Catholic perspective, particularly focusing on the death penalty, abortion, euthanasia, and so-called victimless crimes.

'Canon Law' explores the canon law of the Roman Catholic Church from a comparative perspective. The introduction to the book presents historical examples of antinomian and legalistic approaches to canon law.

This book affords the opportunity to examine our system of justice, identifying in several critical areas, how Catholic principles and legal principles overlap and diverge. While it is not expected or required that the reader agree, in every instance, with either the law or the Catholic perspectives, the reader of this work will come away with an understanding of both. Critiques and responses are included throughout. Topics include family issues (marriage, same sex marriage, divorce, annulment), immigration, public assistance, and matters of life and death, including abortion, euthanasia, and the death penalty. The book is aimed at law students, lawyers, those in Catholic undergraduate and graduate schools, and others who are interested in examining Catholic views regarding our system of justice. The book includes excerpts from cases and statutes, law review articles, and commentaries. It contains important Church documents including excerpts from papal encyclicals, communications from the U.S. Council of Catholic Bishops, theologians, and others. Each chapter concludes with a "For Further Thought" section, asking the reader to consider, apply, and examine the principles discussed in that chapter. It asks law students and lawyers to reflect on whether these principles will or should affect their representation of clients or the way judges should approach cases brought before them. The book contains a bibliography at the end of each chapter for further reading and study. "[This book] presents a very balanced analysis of the differences between Roman Catholic and secular views on particular legal issues. ...In each chapter, Piatt sets forth the Catholic church's position with regard to key controversies and how it differs from prevailing norms of American law. As well, he thoughtfully demonstrates how and where divisions exist with the Catholic church concerning the manner in which Catholics -- particularly lawyers -- should reconcile the teachings of the church with their secular roles. ...In conclusion, Catholic Legal Perspectives is a clear, intriguing presentation of the tensions inherent between any religion and a secular legal system." Mark Rush, Law and Politics Book Review (Vol. 23 No. 1)

This book explores for the first time the broad range of ways in which Christian thought intersects with American legal theory. Eminent legal scholars—including Stephen Carter, Thomas Shaffer, Elizabeth Mensch, Gerard Bradley, and Marci Hamilton—describe how various Christian traditions, including the Catholic, Calvinist, Anabaptist, and Lutheran traditions, understand law and justice, society and the state, and human nature and human striving. The book reveals not only the diversity among Christian legal thinkers but also the richness of the Christian tradition as a source for intellectual and ethical approaches to legal inquiry. The contributors bring various perspectives to the subject. Some engage the prominent schools of legal thought: liberalism, legal realism, critical legal studies, feminism, critical race theory, and law and economics. Others address substantive areas, including environmental, criminal, contract, torts, and family law, as well as professional responsibility. Together the essays introduce a new school of legal thought that will make a signal contribution to contemporary discussions of law.

The doctrinal teaching of the Roman Catholic Church extends over two millennia and seeks to inform and direct lives at many levels: personal, familial, civic, and institutional. The reach of this teaching extends to law, moral and ethical issues, politics, education, science, and art. No single volume can serve even as a sketch of this teaching, but in the present volume ten internationally renowned scholars address the various dimensions of the Roman Catholic understanding of the human person, especially St. Thomas Aquinas's affirmation of the rational and social nature of man. The authors present a truly multidisciplinary approach to the topic--the contributors include philosophers, psychologists, political scientists, a theologian, and an architect. Special attention is given to the theology and anthropology of Pope John Paul II whose writings vividly condense the searching examination and robust conception of human nature developed over the centuries. Readers are reminded of just how central the Church's teaching has been to Western Civilization in all of its projections and are thus alerted to the conditions likely to preserve or threaten it. The contributors are Hadley Arkes, Jude P. Dougherty, Kevin Flannery, S.J., Robert P. George, Richard Gill, L.C., F. Russell Hittinger, Daniel N. Robinson, Robert Royal, Peter Ryan, S.J., and Carroll William Westfall. ABOUT THE EDITORS: Daniel N. Robinson is professor of philosophy at Oxford University and visiting professor at the Institute for the Psychological Sciences. He is professor emeritus of Georgetown University. Gladys M. Sweeney is dean of the Institute for the Psychological Sciences. Richard Gill, L.C., is director of the women's section of the Legionaries of Christ. PRAISE FOR THE BOOK: "This volume offers the possibility of a fruitful dialogue on the question of Catholic identity in higher education." -- Lucien Richard, Catholic Library World