Ethics at the Edges of Law: Christian Moralists and American Legal Thought

Extract

At the outset of Ethics at the Edges of Law: Christian Moralists and American Legal Thought, Cathleen Kaveny explains that the purpose of her book is to impart new energy to the interdisciplinary conversation between Christian ethicists and legal scholars. Kaveny observes that the tête-à-tête has tended to be one directional, with legal scholars drawing on theological principles in order to offer critiques of public policy, law, and case precedent. As significant as the theological critique may be, Kaveny proposes that the dialogue would be enriched if it were to be expanded beyond the unilateral direction. On the one hand, she writes to invite theologians and ethicists to turn to the law. On the other hand, she affirms the role played by religious ethics in contributing to debates about controversial public issues. Pointing to the promise of interdisciplinary work between religious ethics and law, Kaveny comments:

The extensive normative reflections on the overarching nature and purpose of human society can provide vantage points from which to critique the quotidian decision of the legislatures and courts. Conversely, the manner in which the legal system settles specific cases offers rich material with which to test and to hone more abstract theological and philosophical reflections about personal and social obligations. (90)