TaxProf Blog

Editor: Paul L. Caron, Dean
Pepperdine University School of Law

Saturday, February 8, 2014

Love and Law Conference Today at Pepperdine

Love and Law 2I am delighted to be moderating a panel at today's conference on Love and Law at Pepperdine:

In a provocative essay, philosopher Jeffrie Murphy asks: "What would law be like if we organized it around the value of Christian love [agape]?" Agape love is love that is focused on the good of the other and is distinguished from other forms of love—from friendship, romance, and sexual love. Murphy notes that agape love is not simply concerned with making people's lives more pleasant--it is not "cuddly." If agape is the aim, a polity might "design legal practices and institutions with a view to the moral and spiritual improvement of affected citizens." Other theological and moral traditions also wrestle with the relationship between law and religious concepts of love, including Judaism's hesed and ahava, Islam's rahman, and Hinduism's kama.

The notion of law grounded in love has a rich history. Jesus summarized the Mosaic Law as love of God and neighbor. John Calvin said that all nations' laws "must be in conformity to that perpetual rule of love." Over the centuries groups have sought to ground law in love, to good and ill effect. The idea that law should be a manifestation of love stands in tension with modern and post-modern notions that law should be solely concerned with individual autonomy or efficiency or that law is by nature only a matter of power.

Law might bear several sorts of relationships to love. Love might be the motivation behind the work of lawyers, judges, legislators, police, and politically active citizens. The adoption and enforcement of wise laws can be among the most loving things that someone can do. It may also be that law can teach and encourage love.

The idea of law grounded in love generates numerous big questions which will be addressed throughout this conference by people from the fields of philosophy, political science, law, economics, theology, and literature.

I am moderating the panel today on Love and Law, Violence and Freedom (3:45  - 5:15 p.m.):

  • Jeff Baker (Pepperdine), Trifling Violence: The U.S. Supreme Court, Domestic Violence and a Theory of Love
  • David Dominguez (BYU), Turning Juvenile Detention Hearings into Community Healing: Why Settle for the Minimum of American Law When We Are Called to Fulfill God’s Justice?
  • Jim Gash (Pepperdine), Putting Agape into Action: How the Partnership between Pepperdine Law School and the Ugandan Judiciary Sets Juvenile Prisoners Free

Other speakers include:

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