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How Theology Might Learn From Law (Symposium: The Theology Of The Practice Of Law), James Boyd White
How Theology Might Learn From Law (Symposium: The Theology Of The Practice Of Law), James Boyd White
Articles
I want to start today with an account of the way lawyers think and speak, and then ask whether it might be useful for the theologically minded to take these practices and procedures seriously as a ground of comparison from which to look at their own. In doing this I shall look at the practice of law with an emphasis not on its social effects or ethical difficulties but on the nature of the activity itself, viewed from the inside, asking in particular what kind of knowledge it requires and creates in its practitioner. What does the lawyer learn from …
Legal Knowledge, James Boyd White
Legal Knowledge, James Boyd White
Articles
What do we know when we know the law? I asked a rabbi I know how he would answer that question with respect to Jewish law. Does someone know the law when he can repeat the rules that tell him what to do? Or when he can engage in the activity of reading them, separately or in conjunction with each other, and applying them sensibly to new circumstances? Is even that enough? My friend said it was not: he must know who he is in relation to the law, both as an individual and as a member of a people; …
Is There An Implicit Theology In The Practice Of Ordinary Law?, Joseph Vining
Is There An Implicit Theology In The Practice Of Ordinary Law?, Joseph Vining
Articles
We should have a text to help us-lawyers and theologians almost always do. Consider this from Wordsworth, and ask whether it goes too far if Wordsworth were thought to be speaking to the practicing lawyer: Here you stand, Adore, and worship, when you know it not; Pious beyond the intention of your thought; Devout above the meaning of your will. -Yes, you have felt, and may not cease to feel. The estate of Man would be indeed forlorn If false conclusions of the reasoning Power Made the Eye blind, and closed the passages Through which the Ear converses with the …
The Value Of Rational Nature, Donald H. Regan
The Value Of Rational Nature, Donald H. Regan
Articles
Kant tells us in the Groundwork of the Metaphysics of Morals that rational nature is an end in itself; that it is the only thing which is unconditionally valuable; and that it is the ultimate condition of all value.1 A striking trend in recent Kant scholarship is to regard these value claims, rather than the formalism of universalizability, as the ultimate foundation of Kant’s theory.2 But does rational nature as Kant conceives it deserve such veneration? Can it really carry the world of value on its shoulders? I think not. As will become clear, I do not doubt the value …