Holy Writ

Interpretation in Law and Religion
Neuauflage 2009
ISBN: 978-0-7546-7896-0
Verlag: Taylor & Francis Ltd

Buch, Englisch, 224 Seiten, Format (B × H): 156 mm x 234 mm, Gewicht: 544 g

Reihe: Applied Legal Philosophy

It has often been remarked that law and religion have much in common. One of the most conspicuous elements is that both law and religion frequently refer to a text that has authority over the members of a community. In the case of religion this text is deemed to be 'holy', in the case of law, some, such as the American constitution, are widely held as 'sacred'. In both examples, priests and judges exert a duty to tell the community what the founding document has to say about contemporary problems. This therefore involves an element of interpretation of the relevant authoritative texts and this book focuses on such methods of interpretation in the fields of law and religion. As its starting point, scholars from different disciplines discuss the textualist approach presented here by American Supreme Court Judge and academic scholar, Justice Antonin Scalia, not only from the perspective of law but also from that of theology. The result is a lively discussion which presents a range of diverse perspectives and arguments with regard to interpretation in law and religion.

Autoren/Hrsg.

Kwak, Arie-Jan

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsvergleichung

Inhaltsverzeichnis

Series Editor’s Preface; Preface; Table of Cases; Chapter 1 Introduction, Arie-Jan Kwak; Chapter 2 E Pluribus Unum, Antonin Scalia; Chapter 3 Antonin Scalia’s Textualism in Philosophy, Theology and Judicial Interpretation of the Constitution, Herman Philipse; Chapter 4 Not an Iota, Not a Dot Will Pass from the Law, Willem B. Drees; Chapter 5 Hard Cases in Scripture, Paul Cliteur; Chapter 6 Why Originalism Ought to be in the Game Outside the U.S. as Well, Tom Zwart; Chapter 7 How to Handle a Living Constitution?, Hans Nieuwenhuis; Chapter 8 Living Originalism, Hendrik Kaptein; Chapter 9 Dead or Alive, Arie-Jan Kwak;

Über Autor(innen)

Arie-Jan Kwak is Assistant Professor at the Faculty of Law, Leiden University. He teaches courses on civil and criminal law, jurisprudence and legal methodology. His research interests range from legal methodology to legal professional ethics. He has published widely on these and related areas.