On the symbiosis of law and truth in Christian theology: Reconciling universal and particular through the Pauline law of love
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.
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.
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|Item Type:||Journal Article|
|Additional Information:||Published online 6 Mar 2015.
The embargo on the accepted manuscript version will expire on September 2016
|Keywords:||Love, Law, Truth, Paul, Milbank|
|Subjects:||Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Legal Theory Jurisprudence and Legal Interpretation (180122)
Australian and New Zealand Standard Research Classification > PHILOSOPHY AND RELIGIOUS STUDIES (220000)
|Divisions:||Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
|Copyright Owner:||Copyright 2015 Taylor & Francis|
|Copyright Statement:||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|
|Deposited On:||09 Mar 2015 23:11|
|Last Modified:||03 Oct 2016 05:39|
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