Modern Protestantism and Positive Law

The nature and role of positive law has largely been neglected in recent Protestant theology and social ethics. Modern Protestantism and Positive Law introduces and critically summarizes a tradition in Continental Protestant thought about human law, drawing on writings of Barth, Brunner, Ellul, Thielicke, Wolf, Pannenberg, Huber, and Kreβ, many of which have not been translated into English. The book argues that law is an essential political and social institution within developed societies, one that is normative and dependent on an encompassing vision of justice but that also necessarily reflects the contemporary pluralism of those societies. Modern Protestantism and Positive Law argues that theological and ethical perspectives on positive law developed by Protestant thinkers have a place in reflection on positive law, provided they are conceived and expressed in a manner appropriately respectful of the diversity of contemporary opinion regarding the expression of religious perspectives in the public arena.

Bradley Shingleton is an independent scholar and attorney. He is a graduate of Harvard Divinity School and Duke Law School and is the author of several articles and book chapters on law, ethics, and religion.