The Three Uses of the Law

Journal of Law and Religion 10 (1994): 433-465 (with Thomas C. Arthur)

Emory Legal Studies Research Paper

26 Pages Posted: 17 Dec 2015

Date Written: June 1, 1994

Abstract

This chapter analyses the contribution that the theological doctrine of the uses of the law has made to Western jurisprudence. Sixteenth-century Protestants derived "civil," "theological," and "educational" uses from the moral or natural law. Later generations of Protestants on both sides of the Atlantic elaborated and refined this doctrine in an effort to balance their understanding of the various purposes of law and order in church, state, family, and other structures of authority. In particular, they saw that the three uses of the moral law had strong analogues in the "deterrent," "retributive," and "rehabilitative" purposes of criminal law articulated by early modern jurists and moralists. This chapter argues that a stronger grasp of the uses of the law doctrine and its importance in modern jurisprudence can teach us how to develop a more integrated understanding of criminal law and punishment and perhaps other areas of law as well.

Keywords: law, jurisprudence, Protestantism, theology, education, church, state, family, morality, legal theory

Suggested Citation

Witte, John, The Three Uses of the Law (June 1, 1994). Journal of Law and Religion 10 (1994): 433-465 (with Thomas C. Arthur), Emory Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=1014742

John Witte (Contact Author)

Emory University School of Law ( email )

1301 Clifton Road
Atlanta, GA 30322
United States
404-727-6980 (Phone)
404-712-8605 (Fax)

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