Ethics at the Edges of Law

Abstract

Ethics at the Edges of Law: Christian Moralists and American Legal Thought shows how methods and doctrines drawn from the American legal tradition can constructively advance the discussion of key issues in Christian ethics. More broadly, the book argues that religious ethicists should consider legal thought to be a valuable conversation partner on a par with philosophical thought. Each of the chapters places the work of an important contemporary figure in Christian ethics in conversation with particular legal cases and questions. The book is divided into three major parts: “Narratives and Norms,” “Love, Justice, and Law,” and “Legal Categories and Theological Problems.” Ethicists considered include John Noonan Jr., Stanley Hauerwas, Jeffrey Stout, Gene Outka, Margaret Farley, Paul Ramsey, Robert E. Rodes Jr., Walter Kasper, Germain Grisez and H. Tristram Engelhardt Jr. Legal topics explored include the development of the common law as a morally rich tradition, the relationship between rules and particular cases, and the role of individual experience in formulating generally applicable norms. Theological issues discussed include the meaning of covenant fidelity, the requirements of compassion, and the demands of neighbor love. Fruitful intersections between law and theological ethics are developed by considering particular examples and cases from contract law, criminal law, and health-care law. Ethics at the Edges of Law ends by examining the various and often conflicting meanings of the term “legalism,” which has long been considered a derogatory term in Christian moral thought.