[William S. Hein & Co., Inc.] New from Hein- A HIGHER LAW 2nd Edition

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Summarizing more than 10 years of changes!

A Higher Law

Readings on the Influence of Christian Thought in Anglo-American Law

Second Edition

By: Jeffrey A. Brauch
Dean, Regent Law School

The common law formed the legal system that for more than 800 years defined and governed most legal rights and duties of citizens in England and later in the United States.  This book tells the story of the development and evolution of the common law in our society.

This second edition, like the first, is designed to further the quest to look beyond legal rules and institutions to the legal philosophies that shaped them. The overall purpose of this title remains unchanged. It does, however, reflect some important changes and updates in the content. 

First, some of readings have been updated to reflect recent developments in the law, including critical race theory and jury reforms. Part A now includes critical race theory, a legal philosophy that increasingly plays an important role both in the legal academy and in the public arena.

Second, the book reflects a slightly broader focus. The first edition looked almost exclusively at common law rules and institutions. While the second edition continues to emphasize those rules and institutions, it also addresses current issues regarding international and constitutional law. Readers will now consider the moral and legal arguments regarding preemptive war and whether transgendered individuals have a fundamental human right to change their sexual identity on their birth certificate. 

Finally, Part C of the book has undergone substantial updating. Now, readings are organized to address two key questions: 

· What is the role of Old Testament law today?
· To what extent should higher law be applied in modern society?

While this work is an excellent text for any common law course, it is also provocative reading for lawyers, researchers, librarians, or students interested in the development and evolution of the common law.


About the Author
Jeffrey A. Brauch is the author to the first edition of this work, Is Higher Law Common Law? Readings on the Influence of Christian Thought in Anglo-American Law. He received his Juris Doctor from the University of Chicago Law School in 1988 and is currently the Dean of Regent Law School.

Table of Contents
Preface to the First Edition
Preface to the Second Edition
Acknowledgements
Introduction
Part A. The Nature of Law and the Fundamental Shift in Legal Thinking
	Chapter 1. Higher Law Thinking: Man's Law Based on and Evaluated by the 		Law of God
	Chapter 2. The Influence of Higher Law Thinking on the Common Law
	Chapter 3. The Shift From Higher Law Thinking to Legal Relativism
Part B. The Clash Over Legal Thinking in Contemporary Legal Issues
	Chapter 4. Criminal Law
	Chapter 5. Civil and Criminal Procedure: Jury Trial
	Chapter 6. Contracts: The Efficient Breach Theory
	Chapter 7. Constitutional and Human Rights
	Chapter 8. Preemptive War
Part C. Current Thinking on How Higher Law Should Affect Human Law
	Chapter 9. What is the Role of Old Testament Law Today?
	Chapter 10. To What Extent Should Higher Law be Applied to Modern 
	Society?
Index


1 volume cloth...............................................................$55.00
Item: 65758  ISBN: 978-0-08377-1694-7
Pages: xix, 479p.
Published: Buffalo; William S. Hein & Co., Inc.; 2008



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