Les métamorphoses du concept de droit commun à la croisée d'enjeux juridiques et théologiques

(2003) Revue théologique de Louvain — Vol. 34, n° 3, p. 306-342 (2003)

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Abstract
How can one give witness to religious hope in modern law? By the obedience and humility of inculturation or by objection and resistance born of the sign of contradiction? If it is true that the barbarous periods of the 20th century have reactivated the theological analysis of the tension which exists between the two approaches, what is the state of things in the apparently pacified contexts of our democratic laws? If recourse to law has progressively colonized society, it is in the name of its nature as "common law" which it esteems to acquire from its growing pretensions to "neutrality". In this respect, expressing oneself in religious terms in the public sphere is nowadays hotly debated. It would however be a mistake to refer solely to the formal elaboration of the law. The use of religious speech also concerns the modes of application and setting in context of law. This article attempts to demonstrate the importance of this new movement in favor of religious discourse understood as a third path: that of attesting to the Gospel in the very heart of legal practice.
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Christians, L.-L. (2003). Les métamorphoses du concept de droit commun à la croisée d’enjeux juridiques et théologiques. Revue théologique de Louvain, 34(3), 306-342. https://doi.org/10.2143/RTL.34.3.2017466 (Original work published 2003)