A consideration of the concepts of justice formulated by some twentieth century theologians and their application to some problems of English law in the 1970’s

Abstract

Thesis submitted for the degree of B.C.L. entitled:- "A consideration of the concepts of Justice formulated by some twentieth century theologians and their application to some problems of English law in the 1970's."This study in jurisprudence aims to discover what value and relevance some recent theological thought on the nature and application of Justice has on some of the practical problems of English law in the 1970's. To this end four theologians and two broad areas of legal concern have been examined and analysed. The theologians studied are Earth, Maritain, Tillich and Moltmann. They have been chosen to span the whole of the century to date and to represent different theological traditions and approaches. Their life and general theological approach, their concept of Justice and their application of such a concept to issues germane to this study are examined. Of the two legal areas examined the first is the 'equality' legislation which covers recent attempts to legislate for racial and sexual equality. The other is the recent legislation, or attempts at legislation, dealing with the 'right of life'. This covers such legal areas as abortion, euthanasia, the definition of life and the use of advanced medical technology. The legislative philosophy, the effectiveness of the legislation and its subsequent application by the Courts are all examined. The final Chapters attempt to assess whether the theologians examined have sufficient unanimity to provide a coherent concept of Justice and a specifically Christian contribution to the matters under discussion. The conclusion being in the affirmative it is then examined to what extent Christian precepts enumerated by them have been influential or could be used as a critical tool for the possible amendment or extension of the legislation.