Abstract
The article deals with the question whether or not a Lutheran theory of
natural law is possible today. After a brief indication of the very concepts
of law and theology of law, a presentation of Martin Luther’s view on law
is given, emphasizing the distinction between the Christian “law of love”
and natural law, summarized in the Golden Rule. Significantly, for Luther
natural law has to be applied towards litigants who do not adhere to the
Christian law. Next, the transformation of natural law into rational law
is mentioned, starting with Kant and focussing on Habermas and Rawls.
Even if none of the two adhere to natural law, they both attribute a central
role to reciprocity. Finally, based on the understanding of the Golden Rule
in Ricoeur it is claimed that this rule, as a feature of interpersonality, is
a necessary precondition for the functioning of reciprocity as a basis of
rational law. From a Lutheran point of view, then, the sense of justice is
part of natural law.
Litteratur
natural law is possible today. After a brief indication of the very concepts
of law and theology of law, a presentation of Martin Luther’s view on law
is given, emphasizing the distinction between the Christian “law of love”
and natural law, summarized in the Golden Rule. Significantly, for Luther
natural law has to be applied towards litigants who do not adhere to the
Christian law. Next, the transformation of natural law into rational law
is mentioned, starting with Kant and focussing on Habermas and Rawls.
Even if none of the two adhere to natural law, they both attribute a central
role to reciprocity. Finally, based on the understanding of the Golden Rule
in Ricoeur it is claimed that this rule, as a feature of interpersonality, is
a necessary precondition for the functioning of reciprocity as a basis of
rational law. From a Lutheran point of view, then, the sense of justice is
part of natural law.
Litteratur
Original language | Danish |
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Title of host publication | Præstens tjenstlige forpligtelser : Kirkerettens retskilder : fra reformationen til nu |
Editors | Lisbet Christoffersen, Martin Martensen-Larsen, Kars Chr Kjærgaard |
Place of publication | Frederiksberg |
Publisher | Eksistensen Akademisk |
Publication date | 2023 |
Pages | 235-248 |
ISBN (Print) | 9788741009988 |
Publication status | Published - 2023 |
Series | Kirkeretsantologi |
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Volume | 2023 |