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Originalism in Theology and Law: Comparing Perspectives on the Bible and the Constitution

โœ Scribed by Mark J Boone; Mark D Eckel


Publisher
Lexington Books
Year
2024
Tongue
English
Leaves
241
Category
Library

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โœฆ Synopsis


According to originalism, the meaning of a text is determined at the time of its writing. Originalism in Theology and Law explores the similarities and differences between the theological application of this idea to the Bible and its legal application to the American Constitution.

โœฆ Table of Contents


Cover
Half Title
Title Page
Copyright Page
Contents
Introduction
Originalisms
The Scope of This Book
Which Originalist Theories Are We Dealing With?
The Thesis of This Book and Why It Matters
Why This Book?
And What Can We Learn?
Notes
Works Cited
Chapter 1: Originalism: First Theology, First Things
Personal
Eternal
Triune
Creator
Revelator
Conclusion
Notes
Works Cited
Chapter 2: Reading Pictures: Comparing Aesthetic and Hermeneutic Discussions of Intention
Defining the Domainsโ€”Originalism, Aesthetics, and Art
Contextual Focusโ€”Originalism and Hermeneutics
Contributional Focusโ€”Aesthetics and Art
Intentionalism, Depiction, and Gestalt
Returning to Originalism in Hermeneutics
A Few Forms of Denial and How to Deny Them
A Few Gleanings from the Comparison
Conclusion
Notes
Works Cited
Chapter 3: The Torah Is Not in Heaven: Living Originalism and Political Integrity in the Oven of Akhnai
The Oven of Akhnai
Akhnai, Constitutionalism, and the Torah
Living Originalism and the Oven of Akhnai
Talmudic Insights: Integrity and Living Originalism
Integrity and Interpretation: Future Work
Notes
Works Cited
Chapter 4: Sacred Scripture, Sacred Constitution: Individual Religious Hermeneutics and Constitutional Interpretation
The Current Discussion
Theory
Hypothesis
Data and Methodology
Dependent Variable: Constitutional Interpretation
Independent Variable: Literal Hermeneutic
Control Variables
Analysis
Entries Are a Logistic Regression of Originalism
Conclusion
Notes
Works Cited
Chapter 5: Originalism and Judicial Restraint: Lessons from the Lutheran Reformation
Originalism and Theological Crisis
Originalism in Transition
Historical Lutheran Approaches to Law and Jurisprudence
Luther: More Than โ€œLawyersโ€™ Lawโ€
Eisermann: Stability of Textual Meaning
Oldendorp: Equity as Ubiquitous
Interpretation and Proclamation
Notes toward a โ€œLutheran Originalismโ€
Notes
Works Cited
Chapter 6: The Originalist Hermeneutic in Biblical and Constitutional Context: Comparing and Contrasting the Notion of Originalism in Two Very Different Fields
The Idea of Constitutional Originalism
The Specter of Competing Originalisms
Originalism, Textualism, and Constructionism
Contrasts between Constitutional Originalism and Dispensational Literalism
Favorable Comparisons between Constitutional Originalism and Dispensational Literalism
Conclusion
Notes
Works Cited
Chapter 7: Originalism and the Sources of Authority
Why Originalism?
Originalism in Christian Theology
Biblical Originalism
The Nature of the Bible
Originalism in Law
Constitutional Originalism
What Is Originalism in Law?
Who Can Interpret the Constitution?
The Nature of the Constitution
Conclusion
Notes
Works Cited
Chapter 8: A Difference between Biblical and Constitutional Originalism
Textualism and the Pentateuch
The Case of the Two Alphabets
Ambiguity and Vagueness in the Pentateuch
Traduttore, Traditore
Conclusion
Notes
Works Cited
Chapter 9: First Theology and Last Things
The Twin Pillars of Authority and Humanity for All Studies
Originalism in Authority, for Humanity
Three Origin Subjects, One Origin Authority
Authoritative Structural Concepts Established in Gen. 1:1โ€“2:3 Theology
Original Sin in Humanity, Needing Intentional Authority
General Guidelines for the Application of Originalism
The Creation Order
The Cultural Mandate
The Rights of the Individual
The Responsibilities of the Individual
The Tension of the Ideal and the Real
Conclusion
Notes
Index
About the Authors


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