Christianity and Constitutionalism PDF
Preview Christianity and Constitutionalism
Christianity and Constitutionalism Christianity and Constitutionalism Edited by NICHOLAS ARONEY AND IAN LEIGH Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and certain other countries. Published in the United States of America by Oxford University Press 198 Madison Avenue, New York, NY 10016, United States of America. © Oxford University Press 2022 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by license, or under terms agreed with the appropriate reproduction rights organization. Inquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above. You must not circulate this work in any other form and you must impose this same condition on any acquirer. Library of Congress Control Number: 2022933698 ISBN 978–0 – 19– 758726–3 (pbk.) ISBN 978–0 – 19–7 58725– 6 (hbk.) DOI: 10.1093/o so/ 9780197587256.001.0001 1 3 5 7 9 8 6 4 2 Paperback printed by Marquis, Canada Hardback printed by Bridgeport National Bindery, Inc., United States of America Contents Acknowledgments ix Contributors xi 1. Introduction: Christianity and Constitutionalism 1 Nicholas Aroney and Ian Leigh PART I: THE HISTORICAL INFLUENCE OF CHRISTIANITY 2. O ld Testament: Torah and Constitutionalism 33 Jonathan Burnside 3. New Testament: “But our Constitution is in Heaven”: New Testament Sketches on the People of God between Divine Law and Earthly Rulers 58 Dorothea H. Bertschmann 4. Antiquity: Constantine and Constitutionalism 75 Peter J. Leithart 5. Patristic Era: Augustine’s Constitutionalism: Citizenship, Common Good, and Consent 91 Mary M. Keys and Colleen E. Mitchell 6. Middle Ages: Canon Law Constitutionalism? 108 R. H. Helmholz 7. Reformation: The Protestant Reformation of Constitutionalism 126 John Witte Jr. 8. Modernity: Understanding Law and Constitutionalism in Modernity: The Critical Contribution of English Reformation Public Theology 149 Joan Lockwood O’Donovan vi Contents PART II: CHRISTIAN PERSPECTIVES ON CONSTITUTIONALISM 9. Sovereignty: Dual, Plural, and One 173 Joel Harrison 10. Rule of Law: The Sacred Roots and Secular Shoots of the Supreme Law 193 Li- ann Thio 11. Democracy: Self-G overnment and the Kingdom of Heaven 216 Richard Ekins 12. Separation of Powers: The Biblical Foundations of the Separation of Powers and the Catalytic Judicial Role 237 Carlos Bernal 13. Rights and Freedoms: Christian Constitutional Rights? 258 Julian Rivers 14. Religious Freedom: Freedom of Conscience: Assessing the Christian Contribution 280 Ian Leigh 15. Federalism: A Legal, Political, and Religious Archaeology 303 Nicholas Aroney PART III: CHRISTIAN THEOLOGY AND CONSTITUTIONALISM 16. Revelation: Scripture and Covenant 327 David VanDrunen 17. Trinity: Against Leviathan: The Implications of Trinitarian Theology for Constitutionalism 347 David McIlroy 18. Justice: Constitutional Design and the Purpose of the Political Community 367 Jonathan Chaplin 19. Christology: Christology and Constitutionalism 388 Tracey Rowland Contents vii 20. Natural Law: Natural Law and Natural Right Revisited 410 John Milbank 21. Subsidiarity: Origins and Contemporary Aspects 432 Iain T. Benson 22. Eschatology: The Greater Operation of Liberty 455 Douglas Farrow Index 475 Acknowledgments We wish to record our thanks to a number of people. Professor John Witte Jr. of the Center for the Study of Law and Religion, Emory University, was unwavering in his support and encouragement at every stage of the pro- ject. Generous support was provided for an initial workshop held at Durham University in November 2018 by the Vasser Woolley Foundation, Inc., Atlanta, Georgia, and by our respective law schools. Nicholas Aroney acknowledges with thanks the generosity of the Institute of Advanced Studies, Durham University, for a visiting fellowship in 2018. Ian Leigh gratefully acknowledges the support of the British Academy and the Wolfson Foundation during his period as a British Academy Wolfson Research Professor. Martin Churchill, Daniel Plumbe and Anna Stirling provided val- uable research assistance.
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