Christianity and the Use of Force, Lex and Pax Christi

Document Type

Book Chapter

Publication Date

2020

Publication Information

in Christianity and Global Law 384 (Rafael Dominguez & John Witte Jr. eds., 2020).

Abstract

The subject of this chapter is specifically the Christian influence on the United Nations Charter Article 2(4) prohibition. The first section lays out a brief history of the Christian contribution starting with the early tradition of pacifism, then continues through the development of the Christian doctrine of just war and later natural law methodology that provided reasoned support for the doctrine’s limits on war as requirements of morality and law. The second section traces the subsequent decline of the just war doctrine as natural law methodology disappeared from jurisprudence with the emergence of the scientific method. The third section considers the possibility of reviving natural law teaching to re-animate the idea that some legal principles rest on a basis beyond consent. Natural law teaches that some legal norms are impervious to the rationalizations of aggressive states and positivist scholars. The conclusions of natural law are more consistent with the Christian teaching of peace, but any revival of natural law will require a theory that appeals to the whole of the richly diverse global community.

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