Emory University Studies in Law and Religion

In this book Ira Lupu and Robert Tuttle break through the unproductive American debate over competing religious rights. They present an original theory that makes the secular character of the American government, rather than a set of individual rights, the centerpiece of religious liberty in the United States. Through a comprehensive treatment of relevant constitutional themes and through their attention to both historical concerns and contemporary controversies - including issues often in the news - Lupu and Tuttle define and defend the secular character of U.S. government.

What is the place of Christian love in a pluralistic society dedicated to "liberty and justice for all"? What would it mean to take both Jesus Christ and Abraham Lincoln seriously and attempt to translate love of God and neighbor into every quarter of life, including law and politics? Timothy Jackson here argues that agapic love of God and neighbor is the perilously neglected civil virtue of our time -and that it must be considered even before justice and liberty in structuring political principles and policies. Jackson then explores what "political agape" might look like when applied to such issues as the death penalty, same-sex marriage, and adoption.

Modern Protestant debates about spousal relations and the meaning of marriage began in a forgotten international dispute some 300 years ago. The Lutheran-Pietist ideal of marriage as friendship and mutual pursuit of holiness battled with the idea that submission defined spousal roles. Exploiting material culture artifacts, broadsides, hymns, sermons, private correspondence, and legal cases on three continents - Europe, Asia, and North America - A. G. Roeber reconstructs the roots and the dimensions of a continued debate that still preoccupies international Protestantism and its Catholic and Orthodox critics and observers in the twenty-first century.

How to heal America's deep divisions by preserving religious liberty for all As our political and social landscapes polarize along party lines, religious liberty faces threats from both sides. From antidiscrimination commissions targeting conservative Christians to travel bans punishing Muslims, recent litigation has revealed the selective approach both left and right take when it comes to freedom of religion. But what if religious liberty is part of the cure for our political division?  Drawing on constitutional law, history, and sociology, Thomas C. Berg shows us how reaffirming religious freedom cultivates the good of individuals and society. After explaining the features of polarization and the societal benefits of diverse religious practices, Berg offers practical counsel on balancing religious freedom against other essential values.  Protecting Americans' ability to live according to their beliefs undergirds a healthy, pluralistic society-and this protection must extend to everyone, not just political allies. Lay readers and legal scholars who are weary of partisan quarreling will find Berg's case timely and compelling.

This substantial work by one of Europe's most respected twentieth-century legal minds unpacks Luther's doctrine of law, showing how it derived from his central theological concern, justification by faith. "When Johannes Heckel's Lex Charitatis appeared more than half a century ago, it brought new clarity to the much-disputed issue of Luther's understanding of the law and of God's governance of his created order. The Wittenberg reformer's use of the language of 'two kingdoms' and 'two governances' is still fiercely debated; having Heckel's work in English will assist scholars and students alike in putting Luther's insights to use in the context of twenty-first-century problems." -- Robert Kolb, Concordia Seminary

One of the most respected and influential scholars of religious liberty in our time, Douglas Laycock has argued many crucial religious-liberty cases in the United States Supreme Court. His noteworthy scholarly and popular writings are being collected in five comprehensive volumes under the title Religious Liberty. This fourth volume presents a documentary history of the effort to replace the Religious Freedom Restoration Act with the Religious Liberty Protection Act, an effort that failed but led to narrower legislation protecting churches from hostile zoning and protecting the religious rights of prisoners. Documenting culture-war battles over religious liberty and abortion, contraception, and same-sex marriage, this volume includes journal articles, testimony to Congress, shorter popular writings, and letters to such political figures as Congressman Bobby Scott and President Barack Obama.

In Ministers of the Law Jean Porter articulates a theory of legal authority derived from the natural law tradition. As she points out, the legal authority of most traditions rests on their own internal structures, independent of extralegal considerations -- legal houses built on sand, as it were. Natural law tradition, on the other hand, offers a basis for legal authority that goes beyond mere arbitrary commands or social conventions, offering some extralegal authority without compromising the independence and integrity of the law. Yet Porter does more in this volume than simply discuss historical and theoretical realms of natural law. She carries the theory into application to contemporary legal issues, bringing objective normative structures to contemporary Western societies suspicious of such concepts.

This book addresses the old question of natural law in its contemporary context. David VanDrunen draws on both his Reformed theological heritage and the broader Christian natural law tradition to develop a constructive theology of natural law through a thorough study of Scripture. The biblical covenants organize VanDrunen's study. Part 1 addresses the covenant of creation and the covenant with Noah, exploring how these covenants provide a foundation for understanding God's governance of the whole world under the natural law. Part 2 treats the redemptive covenants that God established with Abraham, Israel, and the New Testament church and explores the obligations of God's people to natural law within these covenant relationships. In the concluding chapter of Divine Covenants and Moral Order VanDrunen reflects on the need for a solid theology of natural law and the importance of natural law for the Christian's life in the public square.

One of the most respected and influential scholars of religious liberty in our time, Douglas Laycock has argued many crucial religious-liberty cases in the United States Supreme Court. His noteworthy scholarly and popular writings are being collected in five comprehensive volumes under the title Religious Liberty. In this final volume Laycock documents the use of the Constitution's Free Speech Clause and Establishment Clause in legal briefs, scholarly and popular articles, House testimonies, and written debates. These two clauses have been vitally important in religious-liberty cases concerning religious speech in schools, politics, and the workplace, government funding of religious schools and social services, and the meaning of separation of church and state.

One of the most respected and influential scholars of religious liberty in our time, Douglas Laycock has argued many crucial religious-liberty cases in the United States Supreme Court. His noteworthy scholarly and popular writings are being collected in five comprehensive volumes under the title Religious Liberty. This third volume presents a documentary history of efforts to enact and implement state and federal Religious Freedom Resto-ration Acts, to include religious-liberty protections in same-sex marriage legislation, and to protect the rights of both sides in the culture wars. It contains articles in scholarly journals, op-eds for popular audiences, and oral and written arguments.

Traditionalist Christians who oppose same-sex marriage and other cultural developments in the United States wonder why they are being forced to bracket their beliefs in order to participate in public life. This situation is not new, says Steven D. Smith: Christians two thousand years ago faced very similar challenges. Picking up poet T. S. Eliot's World War II—era thesis that the future of the West would be determined by a contest between Christianity and "modern paganism," Smith argues in this book that today's culture wars can be seen as a reprise of the basic antagonism that pitted pagans against Christians in the Roman Empire. Smith's Pagans and Christians in the City looks at that historical conflict and explores how the same competing ideas continue to clash today. All of us, Smith shows, have much to learn by observing how patterns from ancient history are reemerging in today's most controversial issues.

How do Christians determine when to obey God even if that means disobeying other people? In this book W. Bradford Littlejohn addresses that question as he unpacks the magisterial political-theological work of Richard Hooker, a leading figure in the sixteenth-century English Reformation. Littlejohn shows how Martin Luther and other Reformers considered Christian liberty to be compatible with considerable civil authority over the church, but he also analyzes the ambiguities and tensions of that relationship and how it helped provoke the Puritan movement. The heart of the book examines how, according to Richard Hooker, certain forms of Puritan legalism posed a much greater threat to Christian liberty than did meddling monarchs. In expounding Hooker's remarkable attempt to offer a balanced synthesis of liberty and authority in church, state, and conscience, Littlejohn draws out pertinent implications for Christian liberty and politics today.