Swedish modernity in transition within law and theology : Halvar G F Sundberg (1894-1973) and Gustaf Aulén (1879-1977)
(2020) p.313-325- Abstract
The “realism of law” tried to dissolve the connections between justice as norm and justice as fact. A severe critic of Legal realism was Halvar G.F. Sundberg. He explained that the Church was not created by the State or its legal order, but the State and the legal order recognized the factual, existing Church as being also a legal institution. The State had no right to deal with the spiritual regiment but should devote itself to the supervision, care, and defense of the Church. Gustaf Aulén shared with Legal realism its critical attitude towards metaphysics and its search for a realistic position. He was critical towards all sorts of legalism, but impressions of the war changed his view to a concept of the law of creation, lex... (More)
The “realism of law” tried to dissolve the connections between justice as norm and justice as fact. A severe critic of Legal realism was Halvar G.F. Sundberg. He explained that the Church was not created by the State or its legal order, but the State and the legal order recognized the factual, existing Church as being also a legal institution. The State had no right to deal with the spiritual regiment but should devote itself to the supervision, care, and defense of the Church. Gustaf Aulén shared with Legal realism its critical attitude towards metaphysics and its search for a realistic position. He was critical towards all sorts of legalism, but impressions of the war changed his view to a concept of the law of creation, lex creationis: the belief in God;s creation of the world gave the Christian view on justice its universal direction. He emphasized the guarding service of the Church around the Law of God. Despite his interest in theological law, Aulén was not concerned about Ecclesiastical Law. Sundberg, on the other hand, emphasized that Ecclesiastical Law belonged to the Faculty of Law, and was not a theological matter. In this, they both seem to agree in a way.
(Less)
- author
- Jarlert, Anders LU
- organization
- publishing date
- 2020
- type
- Chapter in Book/Report/Conference proceeding
- publication status
- published
- subject
- host publication
- Law and The Christian Tradition in Scandinavia : The Writings of Great Nordic Jurists - The Writings of Great Nordic Jurists
- pages
- 13 pages
- publisher
- Taylor & Francis
- external identifiers
-
- scopus:85119242408
- ISBN
- 9781000201536
- DOI
- 10.4324/9781003015253-25
- language
- English
- LU publication?
- yes
- id
- 096f0ce8-355a-4547-9447-97c08c82a385
- date added to LUP
- 2021-12-13 15:27:09
- date last changed
- 2022-04-19 18:44:46
@inbook{096f0ce8-355a-4547-9447-97c08c82a385,
abstract = {{<p>The “realism of law” tried to dissolve the connections between justice as norm and justice as fact. A severe critic of Legal realism was Halvar G.F. Sundberg. He explained that the Church was not created by the State or its legal order, but the State and the legal order recognized the factual, existing Church as being also a legal institution. The State had no right to deal with the spiritual regiment but should devote itself to the supervision, care, and defense of the Church. Gustaf Aulén shared with Legal realism its critical attitude towards metaphysics and its search for a realistic position. He was critical towards all sorts of legalism, but impressions of the war changed his view to a concept of the law of creation, lex creationis: the belief in God;s creation of the world gave the Christian view on justice its universal direction. He emphasized the guarding service of the Church around the Law of God. Despite his interest in theological law, Aulén was not concerned about Ecclesiastical Law. Sundberg, on the other hand, emphasized that Ecclesiastical Law belonged to the Faculty of Law, and was not a theological matter. In this, they both seem to agree in a way.</p>}},
author = {{Jarlert, Anders}},
booktitle = {{Law and The Christian Tradition in Scandinavia : The Writings of Great Nordic Jurists}},
isbn = {{9781000201536}},
language = {{eng}},
pages = {{313--325}},
publisher = {{Taylor & Francis}},
title = {{Swedish modernity in transition within law and theology : Halvar G F Sundberg (1894-1973) and Gustaf Aulén (1879-1977)}},
url = {{http://dx.doi.org/10.4324/9781003015253-25}},
doi = {{10.4324/9781003015253-25}},
year = {{2020}},
}