Book contents
- Great Christian Jurists in American History
- Law and Christianity
- Great Christian Jurists in American History
- Copyright page
- Dedication
- Contents
- Contributors
- Preface
- Introduction: Christianity and American Law
- 1 John Cotton and Roger Williams
- 2 John Winthrop and the Covenantal Ideal
- 3 Friendly Laws: William Penn’s Christian Jurisprudence
- 4 The Friendly Jurisprudence and Early Feminism of John Dickinson
- 5 Roger Sherman, Oliver Ellsworth, and the Formation of America’s Constitutional Order
- 6 John Jay: The First Chief Justice
- 7 James Wilson
- 8 Was Justice Joseph Story a Christian Constitutionalist?
- 9 Harvard’s Evangelist of Evidence: Simon Greenleaf’s Christian Common Sense
- 10 John Marshall Harlan the Elder
- 11 Judicial Conservatism and Protestant Faith: The Case of Justice David J. Brewer
- 12 John T. Noonan, Jr.: Catholic Jurist and Judge
- 13 The Integrative Christian Jurisprudence of Harold J. Berman
- 14 Antonin Scalia: Devout Christian; Worldly Judge?
- 15 The Insights and Transitions of Mary Ann Glendon
- 16 A Reformed Liberalism: Michael McConnell’s Contributions to Christian Jurisprudence
- 17 The Jurisprudence of Robert P. George
- Index
Introduction: Christianity and American Law
Published online by Cambridge University Press: 24 June 2019
- Great Christian Jurists in American History
- Law and Christianity
- Great Christian Jurists in American History
- Copyright page
- Dedication
- Contents
- Contributors
- Preface
- Introduction: Christianity and American Law
- 1 John Cotton and Roger Williams
- 2 John Winthrop and the Covenantal Ideal
- 3 Friendly Laws: William Penn’s Christian Jurisprudence
- 4 The Friendly Jurisprudence and Early Feminism of John Dickinson
- 5 Roger Sherman, Oliver Ellsworth, and the Formation of America’s Constitutional Order
- 6 John Jay: The First Chief Justice
- 7 James Wilson
- 8 Was Justice Joseph Story a Christian Constitutionalist?
- 9 Harvard’s Evangelist of Evidence: Simon Greenleaf’s Christian Common Sense
- 10 John Marshall Harlan the Elder
- 11 Judicial Conservatism and Protestant Faith: The Case of Justice David J. Brewer
- 12 John T. Noonan, Jr.: Catholic Jurist and Judge
- 13 The Integrative Christian Jurisprudence of Harold J. Berman
- 14 Antonin Scalia: Devout Christian; Worldly Judge?
- 15 The Insights and Transitions of Mary Ann Glendon
- 16 A Reformed Liberalism: Michael McConnell’s Contributions to Christian Jurisprudence
- 17 The Jurisprudence of Robert P. George
- Index
Summary
Since the first settlements in British North America, Christianity and the Bible have had a significant influence on American jurisprudence. This reflects Christianity’s expansive influence on Western legal traditions in general and the English common law in particular. Christianity’s influence on American law was most pronounced in the colonial era, especially in New England’s Puritan commonwealths. Early colonial laws drew extensively from biblical sources, especially Mosaic law as interpreted within the colonists’ theological traditions. Christianity also contributed to an evolving constitutional tradition in the colonies and, later, the newly independent states, culminating in the U.S. Constitution framed in 1787. This is evident in broad principles, such as the separation of powers needed to check the abuse of government powers vested in fallen human actors, as well as in specific provisions such as the Article III, § 3 requirement that convictions for treason be supported by “the testimony of two witnesses” and the Fifth Amendment prohibition on double jeopardy. Although Christianity remained a dominant cultural force well into the nineteenth century and beyond, church-state separationists, secularists, and rationalists increasingly challenged its influence on law. This is seen, for example, in bitter political and legal controversies involving the Sunday mails, blasphemy laws, and the Bible’s invocation as authority in judicial proceedings. These disputes signaled Christianity’s declining influence in an increasingly secular age.
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- Great Christian Jurists in American History , pp. 1 - 15Publisher: Cambridge University PressPrint publication year: 2019