The Protectionist Purpose of Law: A Moral Case from the Biblical Covenant with Noah

Political and legal theorists sometimes assign attempts to define the purpose of law and government into one of two categories: 'protectionism' indicates that law and government should protect people from the violation of their rights while <i>perfectionism</i> indicates that l...

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Bibliographic Details
Published in:Journal of the Society of Christian Ethics
Main Author: VanDrunen, David 1971- (Author)
Format: Electronic Article
Language:English
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Published: Philosophy Documentation Center [2015]
In: Journal of the Society of Christian Ethics
Year: 2015, Volume: 35, Issue: 2, Pages: 101-117
IxTheo Classification:CG Christianity and Politics
HB Old Testament
NCD Political ethics
XA Law
Online Access: Volltext (Verlag)
Volltext (doi)
Description
Summary:Political and legal theorists sometimes assign attempts to define the purpose of law and government into one of two categories: 'protectionism' indicates that law and government should protect people from the violation of their rights while <i>perfectionism</i> indicates that law and government should also actively promote virtue in the human community. In this essay I draw primarily from the biblical covenant with Noah (Gn 8:21-9:17), supplemented with other biblical and moral-theological considerations. I argue that protectionism, contrary to common assumptions, need not be individualist, subjectivist, or indifferent to the broader well-being of society. Furthermore, and chiefly, I argue that a strong (yet rebuttable) protectionist presumption ought to govern Christian ethical reflection upon the purpose of law and government.
ISSN:2326-2176
Contains:Enthalten in: Society of Christian Ethics, Journal of the Society of Christian Ethics
Persistent identifiers:DOI: 10.1353/sce.2015.0033