The Allah Case: What is the Name of God?
In: Law and Religion in the Commonwealth (Hart, 2022)
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In: Law and Religion in the Commonwealth (Hart, 2022)
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In: Political theology, Band 23, Heft 5, S. 417-433
ISSN: 1743-1719
In: Joshua Neoh, 'Apostasy and Freedom of Religion in Malaysia', in Paul Babie, Neville Rochow and Brett Scharffs (eds), Freedom of Religion or Belief: Creating the Constitutional Space for Fundamental Freedoms (Edward Elgar Press, 2020)
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In: Joshua Neoh, 'Islamic State and the Common Law in Malaysia: A Case Study of Lina Joy' (2008) 8 Global Jurist 4
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In: Joshua Neoh, 'Political Natural Law' (2019) 44 Australian Journal of Legal Philosophy 116
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In: Joshua Neoh, 'Law Imprisons, Love Liberates' (2018) 30 Law and Literature 221
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In: Joshua Neoh, 'Jurisprudence of Love in Paul's Letter to the Romans' (2016) 34 Law in Context 7
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In: Joshua Neoh, 'Just Jurisprudence' (2015) 40 Australian Journal of Legal Philosophy 237
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In: Joshua Neoh, 'The Name of God on Trial: Narratives of Law, Religion and State in Malaysia' (2014) 18 Law Text Culture 198
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In: Law, culture & the humanities, Band 12, Heft 2, S. 419-447
ISSN: 1743-9752
The intertwined rhetoric of precedent and fulfillment underlies the biblical rhetoric of the Sermon on the Mount and the legal rhetoric of the common law. This article wants to draw a parallelism between how Jesus approaches the corpus of Mosaic law in the Sermon on the Mount and how judges approach the corpus of the common law in case after case. Both Jesus and common law judges are fulfillers, not followers, of precedents. The follower of precedent repeats the norms of the past in the present, while the fulfiller of precedent redeems the norms of the past in the present.
In: Joshua Neoh, 'Legitimacy of the Common Law in Post-Colonial Malaysia' [2010] LAWASIA: Journal of the Law Association for Asia and the Pacific 59
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In: Law in context volume 34, number 1 (2016)
In: Ngaire Naffine and Joshua Neoh, 'Fictions and Myths in PGA v The Queen' (2013) 38 Australian Journal of Legal Philosophy 32
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In: Law and religion
This book examines how Christian love can inform legal thought. The work introduces love as a way to advance the emergent conversation between constructive theology and jurisprudence that will also inform conversations in philosophy and political theory. Love is the central category for Christian ethical understanding. Yet, the growing field of law and religion, and relatedly law and theology, rarely addresses how love can shape our understanding of law. This reflects, in part, a common assumption that law and love stand in necessary tension. Love applies to the private and the personal. Law, by contrast, applies to the public and the political, realms governed by power. It is thus a mistake to envisage love as having anything but a negative relationship to law. This conclusion continues to govern Christian understandings of the meaning and vocation of law. The animating idea of this volume is that the concept of love can and should inform Christian legal thought. The project approaches this task from the perspective of both historical and constructive theology. Various contributions examine how such thinkers as Augustine, Aquinas, and Calvin utilised love in their legal thought. These essays highlight often neglected aspects of the Christian tradition. Other contributions examine Christian love in light of contemporary legal topics including civility, forgiveness, and secularism. Love, the book proposes, not only matters for law but can transform the terms on which Christians understand and engage it. The book will be of interest to academics and researchers working in the areas of legal theory; law and religion; law and philosophy; legal history; theology and religious studies; and political theory.