John Witte Jr – författare

This volume tells the story of the interaction between Christianity and law-historically and today, in the traditional heartlands of Christianity and around the globe. Sixty new chapters by leading scholars provide authoritative and accessible accounts of foundational Christian teachings on law and legal thought over the past two millennia; the current interaction and contestation of law and Christianity on all continents; how Christianity shaped and was shaped by core public, private, penal, and procedural laws; various old and new forms of Christian canon law, natural law theory, and religious freedom norms; Christian teachings on fundamental principles of law and legal order; and Christian contributions to controversial legal issues. Together, the chapters make clear that Christianity and law have had a perennial and permanent influence on each other over time and across cultures, albeit with varying levels of intensity and effectiveness.This volume defines "Christianity" broadly to include Catholic, Protestant, and Orthodox traditions and various denominations and schools of thought within them. It draws on Christian ideas and institutions, norms and practices, texts and titans to tell the story of Christianity's engagement with the world of law over the past two millennia. The volume also defines "law" broadly as the normative order of justice, power, and freedom. The chapters address natural laws of conscience, reason, and the Bible and positive laws enacted by states, churches, and voluntary associations. Several chapters focus on Christian engagement with specific types of law: canon law, family law, education law, constitutional law, criminal law, procedural law, and laws governing labor, tax, contracts, torts, property, and beyond. Other chapters take up cutting edge legal issues of racial justice, environmental care, migration, euthanasia, and (bio)technology as well as fundamental legal principles of liberty, dignity, equality, justice, equity, judgment, and solidarity.

Divided into two volumes, The Teachings of Modern Christianity on Law, Politics, and Human Nature offers a landmark collection of writings from twenty leading Christian thinkers of the nineteenth and twentieth centuries and analyses of their work by leading contemporary religious scholars. The first volume examines modern Christian thinkers' views on the most pressing political, legal, and ethical questions of our time. The essays present a vital new understanding of the diversity and richness of modern Christian legal and political thought from 1880 to the present. The contributors reveal the theological roots of modern legal systems as well as the relevance of modern Catholic, Protestant, and Orthodox thought to current debates about the family, state, religion, and society. Essays consider the ideas, influences, and intellectual and cultural contexts of a variety of figures, including Jacques Maritain, Gustavo Gutierrez, Dorothy Day, Pope John Paul II, Susan B. Anthony, Karl Barth, Dietrich Bonhoeffer, Reinhold Niebuhr, Martin Luther King Jr., Nikolai Berdyaev, and Vladimir Lossky.The contributors illuminate these thinkers' views on issues that continue to affect modern pluralistic societies, including the nature and purpose of law and authority, the limits of rule and obedience, the care and nurture of the needy and innocent, the rights and wrongs of war and violence, and the separation of church and state. The historical focus and ecumenical breadth of this collection fills an important scholarly gap and revives the role of Christian social thought in legal and political theory. The second volume of The Teachings of Modern Christianity on Law Politics, and Human Nature is an annotated reader of works by the figures discussed in this volume.

Divided into two volumes, The Teachings of Modern Christianity on Law, Politics, and Human Nature offers a landmark collection of writings from twenty Christian thinkers of the nineteenth and twentieth centuries and analyses of their work by leading contemporary religious scholars.With selections from the works of Jacques Maritain, Gustavo Gutierrez, Dorothy Day, Pope John Paul II, Susan B. Anthony, Karl Barth, Dietrich Bonhoeffer, Reinhold Niebuhr, Martin Luther King Jr., Nikolai Berdyaev, Vladimir Lossky, and others, Volume 2 illustrates the different venues, vectors, and sometimes-conflicting visions of what a Christian understanding of law, politics, and society entails. The collection includes works by popes, pastors, nuns, activists, and theologians writing from within the Catholic, Protestant, and Orthodox Christian traditions. Addressing racism, totalitarianism, sexism, and other issues, many of the figures in this volume were the victims of church censure, exile, imprisonment, assassination, and death in Nazi concentration camps.These writings amplify the long and diverse tradition of modern Christian social thought and its continuing relevance to contemporary pluralistic societies. The volume speaks to questions regarding the nature and purpose of law and authority, the limits of rule and obedience, the care and nurture of the needy and innocent, the rights and wrongs of war and violence, and the separation of church and state. The historical focus and ecumenical breadth of this collection fills an important scholarly gap and revives the role of Christian social thought in legal and political theory.The first volume of The Teachings of Modern Christianity on Law Politics, and Human Nature includes essays by leading contemporary religious scholars, exploring the ideas, influences, and intellectual and cultural contexts of the figures from this volume.

The Teachings of Modern Roman Catholicism on Law, Politics, and Human Nature examines how modern Catholic thinkers have answered the most pressing political, legal, and ethical questions of our time. It discusses the enduring teachings of important Catholic intellectuals of the late nineteenth and twentieth centuries. Leading contemporary scholars analyze these thinkers' views on the nature and purpose of law and authority, the limits of rule and obedience, the care of the needy and innocent, the ethics of war and violence, and the separation of church and state, among other themes. A diverse and powerful portrait of Catholic legal and political thought, this volume underscores the various ways Catholic intellectuals have shaped modern debates over the family, the state, religion, and society. The book focuses on the writings of Pope Leo XIII (1810-1903); Jacques Maritain (1882-1973); John Courtney Murray (1904-1967); Pope John XXIII (1881-1963); Gustavo Gutierrez (b. 1928); Dorothy Day (1897-1980); and Pope John Paul II (1920-2005).

The Teachings of Modern Roman Catholicism on Law, Politics, and Human Nature examines how modern Catholic thinkers have answered the most pressing political, legal, and ethical questions of our time. It discusses the enduring teachings of important Catholic intellectuals of the late nineteenth and twentieth centuries. Leading contemporary scholars analyze these thinkers' views on the nature and purpose of law and authority, the limits of rule and obedience, the care of the needy and innocent, the ethics of war and violence, and the separation of church and state, among other themes. A diverse and powerful portrait of Catholic legal and political thought, this volume underscores the various ways Catholic intellectuals have shaped modern debates over the family, the state, religion, and society. The book focuses on the writings of Pope Leo XIII (1810-1903); Jacques Maritain (1882-1973); John Courtney Murray (1904-1967); Pope John XXIII (1881-1963); Gustavo Gutierrez (b. 1928); Dorothy Day (1897-1980); and Pope John Paul II (1920-2005).

The Teachings of Modern Protestantism on Law, Politics, and Human Nature examines how modern Protestant thinkers have answered the most pressing political, legal, and ethical questions of our time. It discusses the enduring teachings of important Protestant intellectuals of the late nineteenth and twentieth centuries. Leading contemporary scholars analyze these thinkers' views on the nature and purpose of law and authority, the limits of rule and obedience, the care of the needy and innocent, the ethics of war and violence, and the separation of church and state, among other themes. A diverse and powerful portrait of Protestant legal and political thought, this volume underscores the various ways Protestant intellectuals have shaped modern debates over the family, the state, religion, and society. The book focuses on the work of Abraham Kuyper (1827-1920); Susan B. Anthony (1820-1906); Karl Barth (1886-1968); Dietrich Bonhoeffer (1906-1945); Reinhold Niebuhr (1892-1971); Martin Luther King Jr. (1929-1968); William Stringfellow (1928-1985); and John Howard Yoder (1927-1997).

The Teachings of Modern Protestantism on Law, Politics, and Human Nature examines how modern Protestant thinkers have answered the most pressing political, legal, and ethical questions of our time. It discusses the enduring teachings of important Protestant intellectuals of the late nineteenth and twentieth centuries. Leading contemporary scholars analyze these thinkers' views on the nature and purpose of law and authority, the limits of rule and obedience, the care of the needy and innocent, the ethics of war and violence, and the separation of church and state, among other themes. A diverse and powerful portrait of Protestant legal and political thought, this volume underscores the various ways Protestant intellectuals have shaped modern debates over the family, the state, religion, and society. The book focuses on the work of Abraham Kuyper (1827-1920); Susan B. Anthony (1820-1906); Karl Barth (1886-1968); Dietrich Bonhoeffer (1906-1945); Reinhold Niebuhr (1892-1971); Martin Luther King Jr. (1929-1968); William Stringfellow (1928-1985); and John Howard Yoder (1927-1997).

The Teachings of Modern Orthodox Christianity on Law, Politics, and Human Nature examines how modern Orthodox Christian thinkers have answered the most pressing political, legal, and ethical questions of our time. It discusses the enduring teachings of important Orthodox Christian intellectuals of the late nineteenth and twentieth centuries. Leading contemporary scholars analyze these thinkers' views on the nature and purpose of law and authority, the limits of rule and obedience, the care of the needy and innocent, the ethics of war and violence, and the separation of church and state, among other themes. A diverse and powerful portrait of Orthodox Christian legal and political thought, this volume underscores the various ways Orthodox Christian intellectuals have shaped modern debates over the family, the state, religion, and society. The book concentrates on Russian philosophers Vladimir Soloviev (1853-1900) and Vladimir Lossky (1903-1958); Russian theologian Nicholas Berdyaev (1874-1948); Russian nun and social reformer Mother Maria Skobtsova (1891-1945); and Romanian theologian Dumitru St?niloae (1903-1993).

The Teachings of Modern Orthodox Christianity on Law, Politics, and Human Nature examines how modern Orthodox Christian thinkers have answered the most pressing political, legal, and ethical questions of our time. It discusses the enduring teachings of important Orthodox Christian intellectuals of the late nineteenth and twentieth centuries. Leading contemporary scholars analyze these thinkers' views on the nature and purpose of law and authority, the limits of rule and obedience, the care of the needy and innocent, the ethics of war and violence, and the separation of church and state, among other themes. A diverse and powerful portrait of Orthodox Christian legal and political thought, this volume underscores the various ways Orthodox Christian intellectuals have shaped modern debates over the family, the state, religion, and society. The book concentrates on Russian philosophers Vladimir Soloviev (1853-1900) and Vladimir Lossky (1903-1958); Russian theologian Nicholas Berdyaev (1874-1948); Russian nun and social reformer Mother Maria Skobtsova (1891-1945); and Romanian theologian Dumitru St?niloae (1903-1993).

The Legal Foundations of Religious Freedom documents the essential interdependence of human rights and religious freedom in the West, from antiquity to the present.In The Legal Foundations of Religious Freedom, authors John Witte Jr. and Andrea Pin explore the Christian and secular origins of rights in the Western legal tradition and the complex interplay between human rights and religious freedom norms in modern law, religion, and culture. They analyze historical documents and recent cases from the United States Supreme Court, the European Court of Human Rights, and the Court of Justice of the European Union to articulate the historical, theoretical, and legal tension of human rights and religious freedom on both sides of the Atlantic. The authors contrast the serious threats to new religious minorities and traditional religious accommodations with firm new protections of religious freedoms in both Europe and America.Ultimately calling for robust protection of the fundamental rights and liberties of all people and faiths, Witte and Pin caution that religious freedom and other human rights claims can only do so much to bridge the widening cultural divides over law and religion in modern Western societies. It is our responsibility to embrace the fundamental goods of dignity, fraternity, and justice.

The Legal Foundations of Religious Freedom documents the essential interdependence of human rights and religious freedom in the West, from antiquity to the present.In The Legal Foundations of Religious Freedom, authors John Witte Jr. and Andrea Pin explore the Christian and secular origins of rights in the Western legal tradition and the complex interplay between human rights and religious freedom norms in modern law, religion, and culture. They analyze historical documents and recent cases from the United States Supreme Court, the European Court of Human Rights, and the Court of Justice of the European Union to articulate the historical, theoretical, and legal tension of human rights and religious freedom on both sides of the Atlantic. The authors contrast the serious threats to new religious minorities and traditional religious accommodations with firm new protections of religious freedoms in both Europe and America.Ultimately calling for robust protection of the fundamental rights and liberties of all people and faiths, Witte and Pin caution that religious freedom and other human rights claims can only do so much to bridge the widening cultural divides over law and religion in modern Western societies. It is our responsibility to embrace the fundamental goods of dignity, fraternity, and justice.

This collection, by leading legal scholars, judges and practitioners, together with theologians and church historians, presents historical, theological, philosophical and legal perspectives on Christianity and criminal law. Following a Preface by Lord Judge, formerly Lord Chief Justice of England and Wales, and an introductory chapter, the book is divided into four thematic sections. Part I addresses the historical contributions of Christianity to criminal law drawing on biblical sources, early church fathers and canonists, as far as the Enlightenment. Part II, titled Christianity and the principles of criminal law, compares crime and sin, examines concepts of mens rea and intention, and considers the virtue of due process within criminal justice. Part III looks at Christianity and criminal offences, considering their Christian origins and continuing relevance for several basic crimes that every legal system prohibits. Finally, in Part IV, the authors consider Christianity and the enforcement of criminal law, looking at defences, punishment and forgiveness. The book will be an invaluable resource for students and academics working in the areas of Law and Religion, Legal Philosophy and Theology.

This book explores both historical and contemporary Christian sources and dimensions of global law and includes critical perspectives from various religious and philosophical traditions.Two dozen leading scholars discuss the constituent principles of this new global legal order historically, comparatively, and currently. The first part uses a historical-biographical approach to study a few of the major Christian architects of global law and transnational legal theory, from St. Paul to Jacques Maritain. The second part distills the deep Christian sources and dimensions of the main principles of global law, historically and today, separating out the distinct Catholic, Protestant, and Orthodox Christian contributions as appropriate. Finally, the authors address a number of pressing global issues and challenges, where a Christian-informed legal perspective can and should have deep purchase and influence. The work makes no claim that Christianity is the only historical shaper of global law, nor that it should monopolize the theory and practice of global law today. But the book does insist that Christianity, as one of the world’s great religions, has deep norms and practices, ideas and institutions, prophets and procedures that can be of benefit as the world struggles to find global legal resources to confront humanity’s greatest challenges.The volume will be an essential resource for academics and researchers working in the areas of law and religion, transnational law, legal philosophy, and legal history.

This collection, by leading legal scholars, judges and practitioners, together with theologians and church historians, presents historical, theological, philosophical and legal perspectives on Christianity and criminal law. Following a Preface by Lord Judge, formerly Lord Chief Justice of England and Wales, and an introductory chapter, the book is divided into four thematic sections. Part I addresses the historical contributions of Christianity to criminal law drawing on biblical sources, early church fathers and canonists, as far as the Enlightenment. Part II, titled Christianity and the principles of criminal law, compares crime and sin, examines concepts of mens rea and intention, and considers the virtue of due process within criminal justice. Part III looks at Christianity and criminal offences, considering their Christian origins and continuing relevance for several basic crimes that every legal system prohibits. Finally, in Part IV, the authors consider Christianity and the enforcement of criminal law, looking at defences, punishment and forgiveness. The book will be an invaluable resource for students and academics working in the areas of Law and Religion, Legal Philosophy and Theology.

The Lutheran Reformation of the early sixteenth century brought about immense and far-reaching change in the structures of both church and state, and in both religious and secular ideas. This book investigates the relationship between the law and religious ideology in Luther's Germany, showing how they developed in response to the momentum of Lutheran teachings and influence. Profound changes in the areas of education, politics and marriage were to have long-lasting effects on the Protestant world, inscribed in the legal systems inherited from that period. John Witte, Jr. argues that it is not enough to understand the Reformation either in theological or in legal terms alone but that a perspective is required which takes proper account of both. His book should be essential reading for scholars and students of church history, legal history, Reformation history, and in adjacent areas such as theology, ethics, the law, and history of ideas.

Combining Jewish, Greek, and Roman teachings with the radical new teachings of Christ and St. Paul, Christianity helped to cultivate the cardinal ideas of dignity, equality, liberty and democracy that ground the modern human rights paradigm. Christianity also helped shape the law of public, private, penal, and procedural rights that anchor modern legal systems in the West and beyond. This collection of essays explores these Christian contributions to human rights through the perspectives of jurisprudence, theology, philosophy and history, and Christian contributions to the special rights claims of women, children, nature and the environment. The authors also address the church's own problems and failings with maintaining human rights ideals. With contributions from leading scholars, including a foreword by Archbishop Desmond Tutu, this book provides an authoritative treatment of how Christianity shaped human rights in the past, and how Christianity and human rights continue to challenge each other in modern times.

Combining Jewish, Greek, and Roman teachings with the radical new teachings of Christ and St. Paul, Christianity helped to cultivate the cardinal ideas of dignity, equality, liberty and democracy that ground the modern human rights paradigm. Christianity also helped shape the law of public, private, penal, and procedural rights that anchor modern legal systems in the West and beyond. This collection of essays explores these Christian contributions to human rights through the perspectives of jurisprudence, theology, philosophy and history, and Christian contributions to the special rights claims of women, children, nature and the environment. The authors also address the church's own problems and failings with maintaining human rights ideals. With contributions from leading scholars, including a foreword by Archbishop Desmond Tutu, this book provides an authoritative treatment of how Christianity shaped human rights in the past, and how Christianity and human rights continue to challenge each other in modern times.

John Calvin developed arresting new teachings on rights and liberties, church and state, and religion and politics that shaped the law of Protestant lands. Calvin's original teachings were periodically challenged by major crises - the French Wars of Religion, Dutch Revolt, the English Civil War, American colonization, and American Revolution. In each such crisis moment, a major Calvinist figure emerged - Theodore Beza, Johannes Althusius, John Milton, John Winthrop, John Adams, and others - who modernized Calvin's teachings and translated them into dramatic new legal and political reforms. This rendered early modern Calvinism one of the driving engines of Western constitutionalism. A number of basic Western laws on religious and political rights, social and confessional pluralism, federalism and constitutionalism, and more owe a great deal to this religious movement. This book is essential reading for scholars and students of history, law, religion, politics, ethics, human rights, and the Protestant Reformation.

For nearly two millennia, Western law visited the sins of fathers and mothers upon their illegitimate children, subjecting them to systematic discrimination and deprivation. The graver the sins of their parents, the further these children fell in social standing and legal protection. While some reformers have sought to better the plight of illegitimate children, only in recent decades has illegitimacy lost its full legal sting. Yet the social, economic, and psychological costs of illegitimacy still remain high even in the liberal, affluent West. John Witte analyzes and critiques the shifting historical law and theology of illegitimacy. This doctrine, he argues, misinterprets basic biblical teachings on individual accountability and Christian community. It also betrays basic democratic principles of equality, dignity, and natural rights of all. There are no illegitimate children, only illegitimate parents, Witte concludes, and he presses for the protection and rights of all children, regardless of their birth status.

What impact has Christianity had on the law from its beginnings to the present day? This introduction explores the main legal teachings of Western Christianity, set out in the texts and traditions of scripture and theology, philosophy and jurisprudence. It takes up the weightier matters of the law that Christianity has profoundly shaped - justice and mercy, rule and equity, discipline and love - as well as more technical topics of canon law, natural law, and state law. Some of these legal creations were wholly original to Christianity. Others were converted from Jewish and classical traditions. Still others were reformed by Renaissance humanists and Enlightenment philosophers. But whether original or reformed, these Christian teachings on law, politics and society have made and can continue to make fundamental contributions to modern law in the West and beyond.

The Lutheran Reformation of the early sixteenth century brought about immense and far-reaching change in the structures of both church and state, and in both religious and secular ideas. This book investigates the relationship between the law and religious ideology in Luther's Germany, showing how they developed in response to the momentum of Lutheran teachings and influence. Profound changes in the areas of education, politics and marriage were to have long-lasting effects on the Protestant world, inscribed in the legal systems inherited from that period. John Witte, Jr. argues that it is not enough to understand the Reformation either in theological or in legal terms alone but that a perspective is required which takes proper account of both. His book should be essential reading for scholars and students of church history, legal history, Reformation history, and in adjacent areas such as theology, ethics, the law, and history of ideas.

John Calvin developed arresting new teachings on rights and liberties, church and state, and religion and politics that shaped the law of Protestant lands. Calvin's original teachings were periodically challenged by major crises - the French Wars of Religion, Dutch Revolt, the English Civil War, American colonization, and American Revolution. In each such crisis moment, a major Calvinist figure emerged - Theodore Beza, Johannes Althusius, John Milton, John Winthrop, John Adams, and others - who modernized Calvin's teachings and translated them into dramatic new legal and political reforms. This rendered early modern Calvinism one of the driving engines of Western constitutionalism. A number of basic Western laws on religious and political rights, social and confessional pluralism, federalism and constitutionalism, and more owe a great deal to this religious movement. This book is essential reading for scholars and students of history, law, religion, politics, ethics, human rights, and the Protestant Reformation.

For nearly two millennia, Western law visited the sins of fathers and mothers upon their illegitimate children, subjecting them to systematic discrimination and deprivation. The graver the sins of their parents, the further these children fell in social standing and legal protection. While some reformers have sought to better the plight of illegitimate children, only in recent decades has illegitimacy lost its full legal sting. Yet the social, economic, and psychological costs of illegitimacy still remain high even in the liberal, affluent West. John Witte analyzes and critiques the shifting historical law and theology of illegitimacy. This doctrine, he argues, misinterprets basic biblical teachings on individual accountability and Christian community. It also betrays basic democratic principles of equality, dignity, and natural rights of all. There are no illegitimate children, only illegitimate parents, Witte concludes, and he presses for the protection and rights of all children, regardless of their birth status.

This 2007 book analyzes how, why, and when pre-modern Europeans documented their marriages - through property deeds, marital settlements, dotal charters, church court depositions, wedding liturgies, and other indicia of marital consent. The authors consider both the function of documentation in the process of marrying and what the surviving documents say about pre-modern marriage and how people in the day understood it. Drawing on archival evidence from classical Rome, medieval France, England, Iceland, and Ireland, and Renaissance Florence, Douai, and Geneva, the volume provides a rich interdisciplinary analysis of the range of marital customs, laws, and practices in Western Christendom. The chapters include freshly translated specimen documents that bring the reader closer to the actual practice of marrying than the normative literature of pre-modern theology and canon law.

What impact has Christianity had on the law from its beginnings to the present day? This introduction explores the main legal teachings of Western Christianity, set out in the texts and traditions of scripture and theology, philosophy and jurisprudence. It takes up the weightier matters of the law that Christianity has profoundly shaped - justice and mercy, rule and equity, discipline and love - as well as more technical topics of canon law, natural law, and state law. Some of these legal creations were wholly original to Christianity. Others were converted from Jewish and classical traditions. Still others were reformed by Renaissance humanists and Enlightenment philosophers. But whether original or reformed, these Christian teachings on law, politics and society have made and can continue to make fundamental contributions to modern law in the West and beyond.

This newly revised and enlarged edition of John Witte's authoritative historical study explores the interplay of law, theology, and marriage in the Western tradition. Witte uncovers the core beliefs that formed the theological genetic code of Western marriage and family law. He explores the systematic models of marriage developed by Catholics, Lutherans, Calvinists, Anglicans, and Enlightenment thinkers, and the transformative influence of each model on Western marriage law. In addition, he traces the millennium-long reduction of marriage from a complex spiritual, social, contractual, and natural institution into a simple private contract with freedom of entrance, exercise, and exit for husband and wife alike.This second edition updates and expands each chapter and the bibliography. It also includes three new chapters on classical, biblical, and patristic sources.

This book explores both historical and contemporary Christian sources and dimensions of global law and includes critical perspectives from various religious and philosophical traditions.Two dozen leading scholars discuss the constituent principles of this new global legal order historically, comparatively, and currently. The first part uses a historical-biographical approach to study a few of the major Christian architects of global law and transnational legal theory, from St. Paul to Jacques Maritain. The second part distills the deep Christian sources and dimensions of the main principles of global law, historically and today, separating out the distinct Catholic, Protestant, and Orthodox Christian contributions as appropriate. Finally, the authors address a number of pressing global issues and challenges, where a Christian-informed legal perspective can and should have deep purchase and influence. The work makes no claim that Christianity is the only historical shaper of global law, nor that it should monopolize the theory and practice of global law today. But the book does insist that Christianity, as one of the world’s great religions, has deep norms and practices, ideas and institutions, prophets and procedures that can be of benefit as the world struggles to find global legal resources to confront humanity’s greatest challenges.The volume will be an essential resource for academics and researchers working in the areas of law and religion, transnational law, legal philosophy, and legal history.

Completed in 1964, Harold J. Berman's long-lost tract shows how properly negotiated, translated and formalised legal language is essential to fostering peace and understanding within local and international communities. Exemplifying interdisciplinary and comparative legal scholarship long before they were fashionable, it is a fascinating prequel to Berman's monumental Law and Revolution series. It also anticipates many of the main themes of the modern movements of law, language and ethics. In his Introduction, John Witte, Jr, a student and colleague of Berman, contextualises the text within the development of Berman's legal thought and in the evolution of interdisciplinary legal studies. He has also pieced together some of the missing sections from Berman's other early writings and provided notes and critical apparatus throughout. An Afterword by Tibor Várady, another student and colleague of Berman, illustrates via modern cases the wisdom and utility of Berman's theories of law, language and community.