Body, Soul, and Spirit of the Law. Towards a Holistic Legal Paradigm

Oxford Journal of Law and Religion 7 (2018)

Emory Legal Studies Research Paper

20 Pages Posted: 24 Jan 2018 Last revised: 19 Apr 2018

See all articles by Rafael Domingo

Rafael Domingo

Emory University School of Law; University of Navarra - School of Law

Date Written: January 17, 2018

Abstract

This article explores potential applications of the body-soul-spirit metaphor in the legal realm. After a justification of the validity of the metaphor as a source of legal meaning, and an explanation of the body-soul-spirit trichotomy in light of St. Paul’s letters and Edith Stein’s writings, the author focuses on some current debates on which the use of the metaphor sheds new light. Based on this metaphor, the author argues for respect for the law as a whole; the use of the spirit of foreign law by national legal systems; the living character of the constitutional body; the emergence of a global law founded on solidarity and not on the self-interest of nation-states; the intrinsic link between law and love, and the reasonable interaction between human law and suprarational (or divine) law.

Suggested Citation

Domingo Osle, Rafael, Body, Soul, and Spirit of the Law. Towards a Holistic Legal Paradigm (January 17, 2018). Oxford Journal of Law and Religion 7 (2018), Emory Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=3103849 or http://dx.doi.org/10.2139/ssrn.3103849

Rafael Domingo Osle (Contact Author)

Emory University School of Law ( email )

1301 Clifton Road
Atlanta, GA 30322
United States

HOME PAGE: http://law.emory.edu/

University of Navarra - School of Law ( email )

Universidad de Navarra
Campus Universitario
Pamplona, Navarra 31009
Spain

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