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Scholarly Articles

1994

Arts and Humanities

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Full-Text Articles in Law

In Search Of The Market’S Moral Limits: Liberalism, Perfectionism, And ‘The Bad Man’ In Christian Perspective, William J. Wagner Jan 1994

In Search Of The Market’S Moral Limits: Liberalism, Perfectionism, And ‘The Bad Man’ In Christian Perspective, William J. Wagner

Scholarly Articles

The orientation to law and values which can sustain specifically Christian arguments for, and against, the restriction of market exchanges requires reference to authentically Christian theological principles and values. It requires, equally, that such principles and values be set in profile against the assumptions of both liberalism and classical perfectionism. This essay aims to provide such a statement of the relevant Christian orientation to law and values.


Learned Law, Droit Savant, Gelehrtes Recht: The Tyranny Of A Concept, Kenneth Pennington Jan 1994

Learned Law, Droit Savant, Gelehrtes Recht: The Tyranny Of A Concept, Kenneth Pennington

Scholarly Articles

I would like to make several points in this essay. First, the historians of national legal systems are still, by and large, balkanized. They study, explain, and trace the history of their legal systems with only a cursory nod in the direction of the Ius commune. Second, within the Ius commune, some historians still approach a topic as if its various parts can be studied in isolation. A Romanist will study a doctrine of Roman law as if canon and feudal law had only tangential influence on the development of the thought of the civilians.