Body, Soul, and Spirit of the Law. Towards a Holistic Legal Paradigm
Oxford Journal of Law and Religion 7 (2018)
20 Pages Posted: 24 Jan 2018 Last revised: 19 Apr 2018
Date Written: January 17, 2018
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.
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