Not exact matches
As American society and
law remain grounded in moral norms and faith - based
traditions, those asserting
claims grounded in religious freedom may strike sympathetic chords.
Antigone's
claim that this higher
law has divine authority can easily be misunderstood, because the Greeks did not have a
tradition of verbal revelation.
Von Campenhausen believes that if the story were simply a legend «it would not have specified three women (who, by Jewish
law, were not competent to testify) as the decisive witnesses ’25 and he is supported at this point by H. H. Rex who
claimed that «This is in itself a point in favor of the authenticity of the
tradition.
Christians rightly enter into public life, seeking to leaven our
laws with the wisdom of Scripture and church
tradition, not asserting
claims on the basis of church authority, but arguing for them in the give - and - take of civic discourse.
Postmodernity
claims the right to exercise one's freedom against the
law of nature, against
traditions and against divine revelation.
Some highlights of this collection are Khaled Abou El Fadl's eloquent explication of the complexities and restraints behind implementation of the death penalty under Islamic
law; an interesting intersection between Fadl's discussion of reticence in the use of the death penalty and David Novak's review of capital cases in Jewish
tradition; Stanley Hauerwas's unequivocal
claim that the cross is justice (negatively in terms of Jesus» execution according to human
law and positively in terms of the ultimate meaning of the cross as mercy and forgiveness); and, conversely, the
claim by Beth Wilkinson, prosecutor in the Timothy McVeigh case, that «Even as a Christian, I felt nothing for Mr. McVeigh.»
The TDNT says that parabaino is closely connected with sin in the New Testament, but primarily in the sense of using human
tradition to disobey the
law of God while
claiming to be the fulfillment of the
law.
After
claiming the authority of natural
law, Scripture,
tradition, the previous teaching of the magisterium, and the unanimous agreement of the bishops today, the Pope appeals to his own authority as successor of Peter and issues a solemn declaration.
And yet in the jurisdictional struggle between church courts and common
law courts Coke not only
claimed the latter's superiority but justified the
claim by reference to common
law tradition.20 In so doing he effectively sided with Puritanism in its struggle against Anglican traditionalism.
This the Court achieved by
claiming that the principle of effective judicial protection constitutes a «a general principle of EU
law stemming from the constitutional
traditions common to the Member States», enshrined in Articles 6 and 13 of the ECHR and «reaffirmed» by Article 47 of the Charter (para. 35).
In a subset of this first category of
claims, lawyers acting in commercial transactions based on the
traditions of particular communities may be criticized for not communicating the extent to which such transactions are enforceable under Ontario
law.
Finally, respect for human rights obligations, especially the right of indigenous communities «to practice and revitalise their cultural
traditions and customs» [74] and to equality before the
law, including in the enjoyment of the right to equal treatment before the tribunals and all other organs administering justice [75], calls for the development of principles which address the unique evidentiary issues involved in native title litigation, including the reality of
claims based substantially upon orally - transmitted
traditions, the lack of written records of indigenous
laws and customs, the «unsceptical» receipt of uncorroborated historical evidence incapable of being tested under cross-examination, and the epistemological, ideological and cultural limitations of historical assessments of traditional
laws and customs by non-indigenous commentators.
Brennan J stated: «A native title which has ceased with abandoning of
laws and
claims based on
tradition can not be revived for contemporary recognition»: (1992) 175 CLR 1 at 60.