Was Jesus Running Wild? Judicial Activism or Blasphemy, Christ and the Law in Saint Augustine and Saint Thomas
International Journal of Private Law, No. 4, 2011
26 Pages Posted: 19 Mar 2011 Last revised: 8 Apr 2011
Date Written: March 15, 2011
It has been authoritatively demonstrated that Jesus' teachings were at basis of the imputation of blasphemy that the Sanhedrin charged him with, in that he appeared to order his followers to disregard the Law. In their defense of Jesus' role as a teacher of the Law, St. Augustine and St. Thomas strived to reject this reading, resorting to the distinction between law-making and interpretation of the law. This approach is a common place in modern legal studies, and through an assessment of the current debate on judicial activism in certain areas of international law it is possible – in retrospect – to reframe and appreciate Augustine and Thomas' effort, as well as to more fully understand the historical and legal profile of Jesus' indictment.
Keywords: Jesus, judicial activism, WTO, incomplete contract, Saint Thomas, Saint Augustine, Mosaic Law
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