On the symbiosis of law and truth in Christian theology: Reconciling universal and particular through the Pauline law of love


Autoria(s): Deagon, Alex
Data(s)

06/03/2015

Resumo

This article argues that the secular liberal and positivist foundations of the modern Western legal system render it violent. In particular, the liberal exclusion of faith and subjectivity in favour of abstract and universal reason in conjunction with its privileging of individual autonomy at the expense of the community leads to alienation of the individual from the community. Similarly, the positivist exclusion of faith and theology from law, with its enforced conformity to the posited law, also results in this violence of alienation. In response, this article proposes a new foundation for law, a natural law based in the truth of Trinitarian theology articulated by John Milbank. In the Trinity, the members exist as a perfect unity in diversity, providing a model for the reconciliation of the legal individual and community: the law of love. Through the law of love as the basic norm, individuals love their neighbours as themselves, reconciling the particular and the universal, and providing a community of peace rather than violence.

Formato

application/pdf

Identificador

http://eprints.qut.edu.au/82333/

Publicador

Taylor and Francis

Relação

http://eprints.qut.edu.au/82333/3/82333.pdf

DOI:10.1080/10383441.2014.992823

Deagon, Alex (2015) On the symbiosis of law and truth in Christian theology: Reconciling universal and particular through the Pauline law of love. Griffith Law Review, 23(4), pp. 589-611.

Direitos

Copyright 2015 Taylor & Francis

This is an Accepted Manuscript of an article published by Taylor & Francis in [JOURNAL TITLE] on [date of publication], available online: http://wwww.tandfonline.com/10.1080/10383441.2014.992823

Fonte

Faculty of Law; School of Law

Palavras-Chave #180122 Legal Theory Jurisprudence and Legal Interpretation #220000 PHILOSOPHY AND RELIGIOUS STUDIES #Love #Law #Truth #Paul #Milbank
Tipo

Journal Article